SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: October 30, 2009

WEDNESDAY, DECEMBER 9, 2009

9:00 a.m. MILLER V. ADMINISTRATIVE OFFICE OF THE COURTS (2007-SC-609-TG)
"Res judicata. Termination from employment."
Transfer granted 8/21/2008
Jefferson Circuit Court, Judge Karen A. Conrad
For Appellant: Thomas E. Clay
For Appellee: Cynthia Blevins Doll and Lisa Catherine Dejaco
Note: Chief Justice Minton, Justice Abramson and Justice Venters are recused. Special Justices William T. Cain and John T. McGarvey sitting.
(Rescheduled from August 19, 2009)

10:00 a.m. CHIPMAN V. COMMONWEALTH OF KENTUCKY (2008-SC-895-DG)
"Juvenile Law. Sentencing. Indictments. This case presents two issues: (1) Must the trial court always sentence youthful offenders as adults where the district court automatically transferred the minor because of a "use of a gun" allegation; and (2) What role do the findings of the Grand Jury in the indictment or some other source determine the basis for transfer?"
Discretionary Review granted 2/11/2009
Kenton Circuit Court, Judge Gregory M. Bartlett
For Movant: Timothy G. Arnold
For Respondent: Gregory C. Fuchs and Todd Dryden Ferguson

11:00 a.m. FLUKE CORPORATION V. LEMASTER, ET AL. (2008-SC-530-DG)
"Statute of Limitations. Equitable Tolling. Issues include whether failure to report product safety concerns to federal regulatory agency estops defendant from invoking statute of limitations defense to a claim for injuries caused by the product."
Discretionary Review granted 1/14/2009
Perry Circuit Court, Judge William Engle III
For Movant: Richard H. C. Clay and Jill F. Endicott
For Respondents: Mitchell Delbert Kinner, Robert Joseph Patton and Anthony David Blankenship

THURSDAY, DECEMBER 10, 2009

9:00 a.m. MARY LASSITER, IN HER OFFICIAL CAPACITY AS STATE BUDGET DIRECTOR V. AMERICAN EXPRESS TRAVEL RELATED SERVICES CO., INC., ET AL. (2008-SC-904-DG)
"Appellate Procedure. Is listing a party in the Notice of Appeal's caption but including language in the Notice of Appeal's body specifically excluding the party "as one against whom the appeal is taken" substantial compliance under CR 73.03 . Is naming an official's department in the Notice of Appeal's caption sufficient to confer jurisdiction over the official in his official capacity?"
Discretionary Review granted 3/11/2009
Franklin Circuit Court, Judge Thomas D. Wingate
For Movant: M. Holliday Hopkins, Sheryl G. Snyder, Griffin Terry Sumner, and Jason Patrick Renzelmann
For Respondents: Walter L. Sales, Paul C. Harnice, Timothy Joseph Eifler, Byron Riggs Lewis, and Kathryn V. Eberle

10:00 a.m. COCHRAN V. COMMONWEALTH OF KENTUCKY (2008-SC-095-DG)
"Criminal Law. Maternal Health Act. Prenatal Conduct/Postnatal Injury. The primary issue concerns whether the offense of wanton endangerment may extend to a pregnant woman who ingests drugs during pregnancy, which results in postnatal injury."
Discretionary Review granted 8/13/2008
Casey Circuit Court, Judge James G. Weddle
For Movant: Jamesa J. Drake
For Respondent: James Coleman Shackelford

11:00 a.m. HENSON, ET AL. V. KLEIN (2007-SC-795-DG) AND (CROSS MOTION) KLEIN V. HENSON, ET AL. (2008-SC-204-DG)
"Collision between two personal water crafts-Instruction on the sudden emergency doctrine."
Discretionary Review granted 3/12/2008 and 4/16/2008
Jefferson Circuit Court, Judge Barry Willett
For Movants/Cross-Respondents: Brian Edward Clare and Judson Fuller Devlin
For Respondent/Cross Movant: Peter J. Sewell and Derek Patrick O-Bryan

FRIDAY, DECEMBER 11, 2009

9:00 a.m. THRASHER, ETC., ET AL. V. DURHAM, ET AL. (2008-SC-809-DG)
"Evidence. Admissibility and Authentication of Documents. Issues include whether documents produced during discovery are deemed authenticated by virtue of their production or whether additional authentication is required where documents were part of the file compiled by the defendant's former attorney in a prior lawsuit."
Discretionary Review granted 4/15/2009
Clinton Circuit Court, Judge Eddie Lovelace
For Movants: Robert E. Reeves
For Respondents: Robert S. Walker III

10:00 a.m. WINSTEAD V. COMMONWEALTH OF KENTUCKY (2007-SC-829-MR) AND (2008-SC-446-TG)
"Murder, first-degree robbery-Life without parole for a minimum period of 25 years and 20 years."
Hopkins Circuit Court, Judge James Claud Brantley
For Appellant: Marc A. Wells
For Appellee: Jeffrey Allan Cross

11:00 a.m. THE KROGER COMPANY D/B/A COUNTRY OVEN BAKERY V. BUCKLEY (2008-SC-415-DG)
"Intentional Infliction of Emotional Distress. Disability Discrimination. Law of the Case doctrine. The issue is whether an appellate court can resurrect a claim dismissed as pre-empted by a previous panel of the appellate court in light of the 'law of the case' doctrine ."
Discretionary Review granted 4/15/2009
Warren Circuit Court, Judge Steve Alan Wilson
For Movant: Brent Robert Baughman and Melissa Norman Bork
For Respondent: Lee Huddleston
Note: Justice Schroder is recused.