Revised 02/03/2009

SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: January 9, 2009

WEDNESDAY, FEBRUARY 11, 2009

9:00 a.m. TOBAR V. COMMONWEALTH OF KENTUCKY (2007-SC-842-DG)
"Criminal Law. Sex-Offender Registration. Issues include whether the statutory requirement that a registered sex offender must (re)register upon a "change of address" is unconstitutional in the case of a registrant who becomes homeless."
Discretionary Review granted 5/14/2008
Fayette Circuit Court, Judge Mary C. Noble
For Movant: Samuel N. Potter
For Respondent: James Coleman Shackelford
(Note: Justice Noble is recused)

10:00 a.m. STEVE BESHEAR (IN HIS OFFICIAL CAPACITY AS THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY), ET AL. V. HAYDON BRIDGE COMPANY, INC., ET AL. (2007-SC-58-TG)
"Temporary suspension of an appropriation statute in a budget bill-applicability of the publication requirement of Section 51 of the Kentucky Constitution."
Franklin Circuit Court, Judge William L. Graham
For Appellants: Virginia Hamilton Snell, Mark Stephen Pitt and Christopher W. Brooker
For Appellees: Mark David Guilfoyle, H. Edward O'Daniel, Jr. and Francis Lee Dickerson.

11:00 a.m. COMMONWEALTH OF KENTUCKY V. HOUSE (2008-SC-114-DG)
"Criminal Law. DUI. Pre-trial Discovery. Trade Secret. Issue is the propriety of ordering disclosure of the computer "source code" of the Intoxylizer 5000 where the manufacturer claims that it is a trade secret and the defendant urges that failure to disclose it violates his confrontation rights."
Discretionary Review granted 6/11/2008
Fayette Circuit Court, Judge Kimberly N. Bunnell
For Movant: Perry Thomas Ryan
For Respondent: Thomas Dulaney Bullock and Harold Lewis Kirtley, II

THURSDAY, FEBRUARY 12, 2009

9:00 a.m. FREEMAN, (JESSAMINE COUNTY PVA), ET AL.V. ST. ANDREW ORTHODOX CHURCH, INC. (2007-SC-640-DG)
"Tax. Property Exemptions. The issue is whether church property, rented to third parties yet used occasionally by church members, is exempt from taxation under Ky. Const. § 170."
Discretionary Review granted 8/13/2008
Jessamine Circuit Court, Judge C. Hunter Daugherty
For Movants: Douglas M. Dowell
For Respondent: David Andrew Owen, Mark Francis Sommer and Jennifer Sartor Smart

10:00 a.m. ST. CLAIR V. COMMONWEALTH OF KENTUCKY (2005-SC-828-MR)
"Death Penalty-Murder"
Bullitt Circuit Court, Judge Thomas Waller
For Appellant: Shannon Renee Dupree and Linda Roberts Horsman
For Appellee: David A. Smith

11:00 a.m. NO ORAL ARGUMENT SCHEDULED

FRIDAY, FEBRUARY 13, 2009

9:00 a.m. NO ORAL ARGUMENT SCHEDULED

10:00 a.m. BLUE MOVIES, INC., D/B/A LOVE BOUTIQUE, ET AL. V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
(2007-SC-812-DG)
"First Amendment. Adult Entertainment. Twenty-First Amendment. Issues include the constitutionality of certain provisions regulating adult entertainment establishments, particularly a provision prohibiting alcohol sales, a provision requiring disclosure of principal owners and a "no touching" provision."
Discretionary Review granted 4/16/2008
Jefferson Circuit Court, Judge Stephen P. Ryan
For Movants: Edward Brian Davis, Paul S. Gold, Charles Michael Hatzell, Frank Mascagni, III, Ronald Ludlow Cook, David Stuart Stevenson, H. Louis Sirkin and Bradley J. Shafer
For Respondent: Winston King, N. Scott Lilly, William P. O'Brien and Scott D. Bergthold

11:00 a.m. NO ORAL ARGUMENT SCHEDULED