SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: September 3, 2009

WEDNESDAY, OCTOBER 21, 2009

9:00 a.m. HOBSON V. COMMONWEALTH OF KENTUCKY (2007-SC-645-DG)
"Criminal Law. Robbery. Issues include whether escape stage occurs "in the course of committing theft" under KRS 515.020."
Discretionary Review granted 8/13/2008
Boyd Circuit Court, Judge James D. Ishmael, Jr.
For Movant: Erin Hoffman Yang
For Respondent: William Robert Long, Jr.

10:00 a.m. KNIGHT V. YOUNG (2008-SC-404-DG)
"Child Custody. Hearsay. Issues include admissibility of child's statements via deposition of social worker."
Discretionary Review granted 1/14/2009
Lyon Circuit Court, Judge Clarance A. Woodall III
For Movant: Brad Goheen
For Respondent: Barclay Walden Banister
(Note: Justice Cunningham is recused)

11:00 a.m. PATTERSON V. COMMONWEALTH OF KENTUCKY (2008-SC-236-MR)
Oral argument shall be limited to discussion of these issues: 1) whether the trial court properly excluded evidence of the victim's prior unsubstantiated sexual abuse allegations and 2) whether this Court should abandon or modify the standard established in Hall v. Commonwealth, 956 S.W.2d 224, 227 (Ky. App. 1997): "the admissibility of evidence of similar accusation made by the victim depends on whether they have been proven to be demonstrably false."
Fulton Circuit Court, Judge Charles W. Boteler, Jr.
For Appellant: Samuel N. Potter
For Appellee: James Hays Lawson

THURSDAY, OCTOBER 22, 2009

9:00 a.m. AUTO OWNERS INSURANCE COMPANY V. OMNI INDEMNITY CO.
(2008-SC-606-DG)
"Insurance. Underinsured Motorist Benefits. Issues include whether the final resolution of a UIM claim due to the UIM carrier's own action of settling with the insured plaintiff prior to trial prevents the UIM carrier from compelling an adjudication of damages in order to recoup its Coots advance from the alleged tortfeasor's liability carrier."
Discretionary Review granted 2/11/2009
Jefferson Circuit Court, Judge Mitch Perry
For Movant: Walter L. Porter
For Respondent: Christopher T. Coburn
(Note: Justice Abramson is recused)

10:00 a.m. SMITH V. COMMONWEALTH OF KENTUCKY (2008-SC-060-DG)
"Criminal Law. Search and Seizure. Miranda Warnings. Custody Determination. Issues include the admissibility of incriminating statements where the defendant was handcuffed but not Mirandized, and specifically whether the holding in Taylor v. Commonwealth, 182 S.W.3d 521 (Ky. 2006) that handcuffing a suspect does not necessarily constitute "custody" for Miranda purposes should be re-evaluated. Also at issue is the breadth of the safety exception which prevents questions from being deemed "interrogation."
Discretionary Review granted 8/13/2008
Jefferson Circuit Court, Judge Denise Clayton
For Movant: Elizabeth B. McMahon
For Respondent: Jeffrey Allan Cross

11:00 a.m. COMMONWEALTH OF KENTUCKY, EX REL. J. MICHAEL BROWN, SECRETARY, JUSTICE AND PUBLIC SAFETY CABINET V. INTERACTIVE MEDIA ENTERTAINMENT & GAMING ASSOCIATION, INC., ET AL.
(2009-SC-043-MR)
"Writ of Prohibition preventing seizure of 141 Internet domain names."
Franklin Circuit Court, Judge Thomas D. Wingate
For Appellant: David Eric Lycan, William Cecil Hurt, Jr., William Harvey May and Aaron Davis Reedy
For Appellees: Jon L. Fleischaker, Robert Kenyon Meyer, James Lee Adams, Bruce F. Clark, Margaret Eileen Mary Keane, Phillip D. Scott, John Lewis Tate, Joel Beres, Ian Thomas Ramsey and William E. Johnson

FRIDAY, OCTOBER 23, 2009

NO ORAL ARGUMENTS