SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: April 26, 2010

WEDNESDAY, JUNE 9, 2010

9:00 a.m. DAVIS, ET AL. V. SCOTT, ET AL. (2009-SC-159-DG) AND (CROSS-MOTION) SCOTT, ET AL. V. DAVIS, ET AL. (2009-SC-391-DG)
"Assignment of proceeds from legal malpractice claim. Summary Judgment.The issues are: 1. whether Kentucky should allow parties to assign a portion of the proceeds from a legal malpractice claim; 2. whether the trial court properly grants summary judgment where the parties present conflicting evidence as to whether the assignment was an assignment of a legal malpractice claim or an assignment of a portion of the proceeds and who controls the litigation, and 3. even if a party cannot assign a portion of the proceeds from the claim, can the party proceed with the malpractice litigation? On cross-motion, Scott raised the following issues: 1. did the trial court err by denying summary judgment on "corrective" attorney's fees; 2. did the trial court err by failing to grant summary judgment on Davis's claim for emotional distress damages; 3. did the trial court err by failing to dismiss the case based on the fundamental disagreement between Davis's expert witnesses as to when and how Scott violated the standard of care, and 4. whether one of Davis's expert witnesses can testify Scott violated SCR 3.130 regarding competency."
Discretionary Review granted 6/17/2009 and 8/19/2009
Hardin Circuit Court, Judge Robert A. Miller
For Movants: Hans George Poppe, Jr. and Warner Thomas Wheat
For Respondents: Bethany A. Breetz, Matthew W. Breetz and Demetrius O. Holloway

10:00 a.m. HUNT V. COMMONWEALTH OF KENTUCKY (2009-SC-312-DG)
"Criminal Law. Probation Revocation. Due Process. The issues are 1. does the trial court deny the probationer due process of law by appointing counsel on the morning of the hearing and then proceeding with the hearing; 2. does the trial court deny the probation due process of law by requiring the probationer to "show cause" why his probation should not be revoked, and 3. does the trial court deny the probation due process and the right against self incrimination by failing to swear witnesses and requiring the probationer to answer direct questions?"
Discretionary Review granted 10/21/2009
Hickman Circuit Court, Judge Timothy A. Langford
For Movant: Samuel N. Potter
For Respondent: William Robert Long, Jr.
WEDNESDAY, JUNE 9, 2010 (CONTINUED)

11:00 a.m. COMMONWEALTH OF KENTUCKY V. LOVE (2009-SC-671-DG)
"Revocation of probation. State and federal sentences of imprisonment to be served concurrently."
Discretionary Review granted 1/13/2010
McCracken Circuit Court, Judge R. Jeffrey Hines
For Movant: Joshua D. Farley
For Respondent: Karen Shuff Maurer

THURSDAY, JUNE 10, 2010

9:00 a.m. CERTAINTEED CORPORATION V. DEXTER, ET AL. (2008-SC-886-DG) AND GARLOCK SEALING TECHNOLOGIES, LLC. V. DEXTER, ET AL.
(2008-SC-890-DG)
"Asbestos. Apportionment. Standard of Proof. Among the issues involved are: 1. does the jury's failure to apportion damages among the empty chair co-defendants justify the trial court granting the defendants' Motion for a New Trial, and 2. how much proof must defendants present against empty chair defendants to justify apportionment of damages?."
Discretionary Review granted 10/21/2009
Marshall Circuit Court, Judge Paul W. Rosenblum
For Movant Certainteed Corp.: Lisa Devillez Carter, Eric Allen Ludwig, Elizabeth Runyan Geise, William F. Sheehan and David C. Marshall
For Movant Garlock Sealing Tech.: John K. Gordinier and Ilam Edward Smith
For Respondents: Kenneth L. Sales, John Robert Shelton and Joseph Donald Satterley

10:00 a.m. HOLLON V. COMMONWEALTH OF KENTUCKY (2008-SC-618-DG)
"Criminal Law. Post-Conviction Proceedings. Ineffective Assistance. Issues include whether ineffective assistance of appellate counsel claims should be recognized."
Discretionary Review granted 2/11/2009
Franklin Circuit Court, Judge Thomas D. Wingate
For Movant: Amy Robinson Staples
For Respondent: Perry Thomas Ryan
(Rescheduled from April 14, 2010)

11:00 a.m. HAZARD COAL CORPORATION, ET AL. V. KNIGHT, ET AL. (2008-SC-735-DG)
"Civil Procedure. Right to Trial by Jury. Waiver. Issues include whether plaintiffs, who demanded jury trial in complaint, waived right by failing to object to court's sua sponte order for bench trial and by participating in bench trial to conclusion without objection."
Discretionary Review granted 10/21/2009
Perry Circuit Court, Judge William Engle III
For Movants: Charles Justice Baird, Paul Randall Collins and Ronald Glenn Combs
For Respondents: Ronald Glen Polly

FRIDAY, JUNE 11, 2010

9:00 a.m. HALLUM V. COMMONWEALTH OF KENTUCKY (2009-SC-762-DG) AND JONES V. COMMONWEALTH OF KENTUCKY (2010-SC-49-DG)
"Appellate Procedure. Belated Appeals. At issue is whether doctrine of equitable estoppel, or prison mailbox rule, should allow belated filing of appeal when documents were delivered to prison mailroom prior to filing deadline but were not marked as tendered by clerk until after deadline."
Discretionary Review granted 4/15/2010
Logan Circuit Court, Judge Tyler L. Gill
Marion Circuit Court, Judge Doughlas M. George
For Movants: Brandon Neil Jewell
For Respondent: Jeffrey Allan Cross and Bryan Darwin Morrow

10:00 a.m. BALLARD V. COMMONWEALTH OF KENTUCKY (2009-SC-314-DG)
"Criminal Law. Pretrial Diversion. Appeals. Where trial court ruled that it had lost jurisdiction to grant Commonwealth's motion to revoke pretrial diversion agreement with defendant because period of diversion had expired prior to hearing on motion - although motion had been filed prior to expiration - issues include whether Commonwealth's appeal should have been dismissed as interlocutory and, if not, whether trial court had jurisdiction to grant motion to revoke."
Discretionary Review granted 11/18/2009
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant: James David Niehaus
For Respondent: Teresa Ann Young and Dorislee J. Gilbert

11:00 a.m. HOWARD V. HOWARD (2009-SC-442-DG)
"Dissolution of Marriage. Child Support. Discharge in Bankruptcy. Issues include whether family court's determination that party was voluntarily underemployed and not entitled to a reduction in child-support obligation was clearly erroneous; and whether party's bankruptcy subsequent to divorce decree discharged an indebtedness imposed upon him in the decree."
Discretionary Review granted 11/18/2009
Laurel Circuit Court, Judge Roderick Messer
For Movant: Douglas Glenn Benge
For Respondent: Mary-Ann Smyth