SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: September 30, 2009

WEDNESDAY, NOVEMBER 18, 2009

9:00 a.m. WATKINS V. COMMONWEALTH OF KENTUCKY (2008-SC-567-DG)
"Criminal Law. Standing. Search and Seizure. Abandonment. Issues include whether a suspect's immediate flight from a vehicle after being pulled over constitutes abandonment and thereby deprives the suspect of standing to contest the subsequent search of the vehicle."
Discretionary Review granted 12/10/2008
Todd Circuit Court, Judge Tyler L. Gill
For Movant: Linda Roberts Horsman
For Respondent: Heather Michelle Fryman

10:00 a.m. MEMBERS CHOICE CREDIT UNION, ET AL. V. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION (2008-SC-877-DG)
"Credit Unions. Statutory Construction. The issue is whether KRS 286.6-107(2) permits membership in a credit union predicated on where a person lives ('geographic field of membership.')"
Discretionary Review granted 2/11/2009
Franklin Circuit Court, Judge Phillip J. Shepherd
For Movants: David Thomas Wilson II
For Respondent: Jill F. Endicott

11:00 a.m. DR. GHASSAN HAJ-HAMED V. OHIC INSURANCE COMPANY
(2008-SC-127-DG)
"Malpractice Insurance. Negligent Cancellation of Contract.
KRS 304.20-320(2)(b). At issue is whether malpractice insurance carrier failed to give proper notice of cancellation of an insurance contract with physician and, if so, the proper measure of damages."
Discretionary Review granted 2/11/2009
Campbell Circuit Court, Judge Julie R. Ward
For Movant: Robert Edward Blau
For Respondent: Robert C. Welleford and Tonya Sue Conner Rager

THURSDAY, NOVEMBER 19, 2009

9:00 a.m. JONES, ET AL. V. COMMONWEALTH OF KENTUCKY (2007-SC-922-DG)
"Judicial revocation of conditional discharge. Constitutionality of KRS 532.043(5)."
Discretionary Review granted 10/15/2008
Hickman Circuit Court, Judge Hunter Whitesell
Calloway Circuit Court, Judge Dennis Foust
For Movants: Donald H. Morehead and Jamesa J. Drake
For Respondent: David Wayne Barr and Courtney J. Hightower

10:00 a.m. JAMES V. JAMES (2008-SC-163-DG)
"Civil Procedure. Appeals. CR 60.02. CR 73.02(1)(d). Issues include whether relation forward doctrine applies to prematurely filed notice of appeal."
Discretionary Review granted 1/14/2009
Taylor Circuit Court, Judge Doughlas M. George
For Movant: Charles Thomas Hectus
For Respondent: Scott P. Zoppoth and Jennifer Lynn Hulse

11:00 a.m.     THIS ARGUMENT HAS BEEN CANCELLED     GALLATIN HEALTH CARE, LLC, ET AL. V. SHARON CLARK, IN HER OFFICIAL CAPACITY AS COMMISSIONER FOR THE KENTUCKY DEPARTMENT OF INSURANCE AND REHABILITATOR OF AIK CORP, ET AL. (2008-SC-381-TG)

FRIDAY, NOVEMBER 20, 2009

9:00 a.m. CINCINNATI INSURANCE COMPANY V. MOTORISTS MUTUAL INSURANCE COMPANY (2008-SC-293-DG)
"Insurance. Property damage. Contractors. At issue is whether contractual recovery may be premised upon a builder's substandard work."
Discretionary Review granted 2/11/2009
Jefferson Circuit Court, Judge Mary M. Shaw
For Movant: Michael D. Risley and Brandon Wade Smith
For Respondent: William P. Swain, David Sean Ragland and
Paul Joseph Bishop

10:00 a.m. HEER V. FRASER, ET AL. (2008-SC-280-DG)
"Oil and Gas. Leases. Where oil lease required that a well be 'commenced' by
a date certain, and lessee cleaned out pre-existing, formerly producing well
and produced oil, with no additional drilling, the issue is whether these actions by lessee constituted commencement of a well."
Discretionary Review granted 3/11/2009
Metcalfe Circuit Court, Judge Phillip R. Patton
For Movant: Bryan Edward Bennett
For Respondents: William Colvin

11:00 A.M. SPENCER V. ESTATE OF CHARLES SPENCER (2008-SC-191-DG) AND
ESTATE OF CHARLES SPENCER V. SPENCER (2008-SC-196-DG)
"Joint Accounts. Multiple Party Accounts Act. KRS 391 .315(1)(a). Issues include whether a joint brokerage account is a joint account for purposes of KRS 391.315(1)(a), which provides the sums remaining on the death of one party go to the surviving party as against the estate."
Discretionary Review granted 2/11/2009
McCracken Circuit Court, Judge R. Jeffrey Hines
For Lila Faye Spencer: Richard L. Walter and Samuel Scott Marcum
For Estate of Charles Spencer: Mark Lane Ashburn