ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: July 24, 2009

WEDNESDAY, SEPTEMBER 23, 2009

9:00 a.m. PETZOLD, ET AL. V. KESSLER HOMES, INC. (2008-SC-106-DG)
"CR 60.02. Motion for relief from final judgment. Retroactive disqualification of a judge."
Discretionary Review granted 10/15/2008
Fayette Circuit Court, Judge Pamela Goodwine
For Movants: William W. Allen and Lori Beth Shelburne
For Respondent: Albert F. Grasch, Jr.
(Rescheduled from May 14, 2009)

10:00 a.m. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES V. A. C. MCKAY CHAUVIN, JUDGE, ET AL.
(2008-SC-509-MR)
"Disclosure in civil actions of prescription drug history, contained in KASPER records."
Jefferson Circuit Court, Judge A. C. McKay Chauvin
For Appellant: Ronald W. Crawford
For Appellees: William Philip Koehler III and Kenneth P. O'Brien

11:00 a.m. WINDSOR V. COMMONWEALTH OF KENTUCKY
(2008-SC-383-MR)
"Two Death Sentences-guilty plea to murder, theft and violation of a protective order."
Jefferson Circuit Court, Judge Martin F. McDonald
For Appellant: James David Niehaus
For Appellee: David A. Smith and James Hays Lawson

THURSDAY, SEPTEMBER 24, 2009

9:00 a.m. KIRBY V. COMMONWEALTH OF KENTUCKY (2007-SC-833-DG)
"Criminal Law. Violent Offenders. KRS 439.3401. KRS 533.060. At issue is application of the domestic violence exemption from violent offender parole eligibility restrictions for a son who killed a cousin who had attacked his mother."
Discretionary Review granted 10/15/2008
Laurel Circuit Court, Judge Lewis B. Hopper
For Movant: Joseph Brandon Pigg
For Respondent: Kenneth Wayne Riggs
(Note: Chief Justice Minton is recused.)

10:00 a.m. KING V. COMMONWEALTH OF KENTUCKY (2008-SC-274-DG)
"Criminal Law. Search and Seizure. Issues include the validity of a search conducted pursuant to a mistaken belief that a fleeing suspect had entered the apartment."
Discretionary Review granted 12/10/2008
Fayette Circuit Court, Judge James D. Ishmael, Jr.
For Movant: Jamesa J. Drake
For Respondent: Joshua D. Farley

11:00 a.m. UNIVERSITY OF THE CUMBERLANDS V. REV. ALBERT M. PENNYBACKER, ET AL. (2008-SC-253-TG) AND
VERNIE MCGAHA, SENATOR, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE KENTUCKY GENERAL ASSEMBLY, ET AL. V. UNIVERSITY OF THE CUMBERLANDS, ET AL. (2008-SC-285-TG)
"Constitutionality of appropriation of public funds to the University of the Cumberlands for construction of a pharmacy building."
Franklin Circuit Court, Judge Roger Crittenden
For University of the Cumberlands: Mark Richard Overstreet, James Dee Jordan and Gregory S. Baylor
For Rev. Pennybacker, etc.: David B. Tachau
For Kentucky General Assembly: Bryan Howard Beauman

FRIDAY, SEPTEMBER 25, 2009

NO ORAL ARGUMENTS