SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: March 22, 2010

WEDNESDAY, MAY 12, 2010

9:00 a.m. ROSE V. COMMONWEALTH OF KENTUCKY (2007-SC-123-DG) AND (CROSS-MOTION) COMMONWEALTH OF KENTUCKY V. ROSE
(2007-SC-603-DG)
"Criminal Law. Search and Seizure. Search Incident to Arrest. Where automobile passenger was arrested on bench warrants, and her purse and similar personal containers remained in the car, and driver consented to search of car, issues include whether warrantless search of passenger's purse and other items was unlawful, requiring suppression of evidence discovered within containers."
Discretionary Review granted 10/24/2007 and 8/15/2007
Estill Circuit Court, Judge William W. Trude, Jr.
For Movant: Joseph Brandon Pigg
For Respondent: Jeffrey Allan Cross

10:00 a.m. LOUISVILLE METRO HEALTH DEPARTMENT V. HIGHVIEW MANOR ASSOCIATION, LCC, ET AL. (2008-SC-599-DG)
"Administrative Law. District Court's Jurisdiction. The issue involves the scope of the district court's authority to review a decision of a local code enforcement board pursuant to KRS 65.8831."
Discretionary Review granted 5/13/2009
Jefferson Circuit Court, Judges Sheila A. Collins and William Douglas Kemper
For Movant: David A. Sexton and Eamon Patrick Mulvihill
For Respondents: John Rollin Wilson and Michael Rollin Wilson

11:00 a.m. LEE V. COMMONWEALTH OF KENTUCKY (2009-SC-371-DG)
"Criminal Law. DUI. The issues are 1. whether an officer's transporting a defendant to a hospital where the attending physician refuses to administer a blood alcohol test are a sufficient accommodation of a defendant's statutory right to an independent test under KRS 189A.103(7) and 2 . if the officer's actions are not a reasonable accommodation, is the remedy suppression of the breathalyzer test or to dismiss the charge?"
Discretionary Review granted 10/21/2009
Hardin Circuit Court, Judge Kelly M. Easton
For Movant: James Andrew Maples
For Respondent: Mark Anthony Shouse

THURSDAY, MAY 13, 2010

9:00 a.m. HAMMONS, ET AL. V. HAMMONS (2009-SC-155-DG)
"Wills. Life Estate. Remainders. Issues include whether testator granted vested or contingent remainder and whether remaindermen are entitled to an accounting and to inspect property included in life estate."
Discretionary Review granted 10/21/2009
Fayette Circuit Court, Judge Sheila R. Isaac
For Movants: Reginald Leonard Thomas
For Respondent: Thomas H. Burnett and Gerry L. Calvert

10:00 a.m. CROUCH V. COMMONWEALTH OF KENTUCKY (2009-SC-129-DG)
"Criminal Law. Prosecutorial Discretion. Rule of Lenity. Equal Protection. Issues include whether providing a false name to a police officer may be prosecuted as identity theft, a Class D Felony, even though same actions arguably constitute the more specific offense of giving a false name to a
peace officer, which is only a Class B misdemeanor."
Discretionary Review granted 8/19/2009
Jessamine Circuit Court, Judge C. Hunter Daugherty
For Movant: V. Gene Lewter
For Respondent: Jason Bradley Moore

11:00 a.m. SCHNUERLE, ET AL. V. INSIGHT COMMUNICATIONS COMPANY, L.P.,
ET AL. (2008-SC-789-DG) AND (CROSS-MOTION) INSIGHT COMMUNICATIONS COMPANY, L.P., ET AL. V. SCHNUERLE, ET AL. (2009-SC-390-DG)
"Contracts. Arbitration. Issues include the validity of mandatory dispute resolution contract clauses barring consumer class actions."
Discretionary Review granted 6/17/2009 and 8/19/2009
Jefferson Circuit Court, Judge A. C. McKay Chauvin
For Movants/Cross-Respondents: H. Philip Grossman, Jennifer Ann Moore, Leslie A. Bailey, Frank Paul Bland, Jr. and Melanie Hirsch
For Respondents/Cross-Movants: Laurence John Zielke, Nancy Jane Schook, Janice M. Theriot and David N. Hise

FRIDAY, MAY 14, 2010

9:00 a.m. WOOLUM, M.D. ETC., ET AL. V. HILLMAN, ETC., ET AL. (2008-SC-396-DG)
"Medical Malpractice. Expert Witnesses. Bias. Issues include whether commonality of malpractice insurance carrier may be admitted to show witness bias ."
Discretionary Review granted 8/19/2009
Bell Circuit Court, Judge James L. Bowling, Jr.
For Movants: Richard Paul Schiller, Jr., Gerald R. Toner, Kimberley S. Naber and Katherine K. Vesely
For Respondents: Stephen M. O'Brien III, Bruce Clark Batten II

10:00 a.m. TAYLOR V. COMMONWEALTH OF KENTUCKY (2009-SC-180-DG)
"Criminal Law. Criminal liability. Issues include whether an individual who knowingly takes contraband into a detention facility has committed a voluntary act despite entering the facility involuntarily."
Discretionary Review granted 8/19/2009
Montgomery Circuit Court, Judge Beth Lewis Maze
For Movant: Linda Roberts Horsman
For Respondent: David Bryan Abner

11:00 a.m. KENTUCKY PUBLIC SERVICE COMMISSION V. COMMONWEALTH OF KENTUCKY, EX REL., JACK CONWAY, AND DUKE ENERGY KY., INC. ETC. (2009-SC-134-DG) AND DUKE ENERGY KENTUCKY, INC., ETC.
V. COMMONWEALTH OF KENTUCKY, EX REL., JACK CONWAY,
AND KENTUCKY PUBLIC SERVICE COMMISSION (2009-SC-150-DG)
" Public Utilities. Rate Riders. This is a public utilities case concerning the Public Service Commission's authority to approve a rider; the proper procedure for approving said rider, and the constitutionality of KRS 278.509."
Discretionary Review granted 8/19/2009
Franklin Circuit Court, Judge Phillip J. Shepherd
For Kentucky Public Service Comm.: Helen C. Helton, Gerald Edward Wuetcher, Anita Brooks Mitchell and David Shawn Samford
For Duke Energy Kentucky, Inc.: M. Holliday Hopkins, Sheryl G. Snyder and Jason Patrick Renzelmann
For Commonwealth of Ky.: Dennis Gordon Howard II and Lawrence Wilson Cook
(Note: Justice Schroder is recused)