Ky. Supreme Court to Hear Arguments Feb. 15-17

The Supreme Court of Kentucky will convene Wednesday-Friday, Feb. 15-17, in Frankfort to hear oral arguments in cases that originated in Boone, Fayette, Franklin, Jefferson, Meade and Muhlenberg counties. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. EST each day in the Supreme Court Courtroom. The courtroom is located on the second floor of the state Capitol at 700 Capitol Ave.  

The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives. 

 The seven justices of the Supreme Court of Kentucky are (back row, from left) Justice Will T. Scott, Justice Wil Schroder, Deputy Chief Justice Mary C. Noble, Justice Bill Cunningham, (front row, from left) Justice Lisabeth Hughes Abramson, Chief Justice John D. Minton Jr. and Justice Daniel J. Venters. Photo credit: Kentucky Office of Creative Services

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices (bios) sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky. 

WEDNESDAY, FEB. 15, 2012 

9 AM 

2010-SC-520-DG 

BOLTON, ETC. V. IRVIN 

Summary: “Criminal Law. Bond. The issues are: 1. whether a District Court may increase a defendant’s bond following a finding of probable cause, particularly where the defendant has remained in custody because he cannot afford the initial bond and 2. whether the District Court must hold an adversarial hearing prior to changing the defendant’s bond.” 

Discretionary Review granted 5-11-2011

Jefferson Circuit Court, Judge A. C. McKay Chauvin 

Attorney for Movant: Samuel Joseph Floyd Jr.

Attorney for Respondent: James David Niehaus 

10 AM  

2010-SC-558-DG 

PING, ETC. V. BEVERLY ENTERPRISES, INC., ET AL. 

Summary: “Contracts. Arbitration. Issues involve the validity of an arbitration agreement signed pursuant to a general power of attorney for a relative contemporaneously with the relative’s admission into a nursing home.” 

Discretionary Review granted 6-8-2011

Franklin Circuit Court, Judge Thomas D. Wingate 

Attorney For Movant: Stephen M. O’Brien III

Attorneys For Respondents: Sara Clark Davis and Marcia L. Pearson 

11 AM

  2008-SC-789-DG and 2009-SC-390-DG 

SCHNUERLE, ET AL. V. INSIGHT COMMUNICATIONS COMPANY, L.P., ET AL. and

(CROSS-MOTION) INSIGHT COMMUNICATIONS COMPANY, L.P., ET AL. V. SCHNUERLE, ET AL. 

Summary: “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 

Attorneys For Movants/Cross-Respondents: H. Philip Grossman, Jennifer Ann Moore, Leslie A. Bailey, Frank Paul Bland Jr. and Melanie Hirsch

Attorneys For Respondents/Cross-Movants: Laurence John Zielke, Nancy Jane Schook, Janice M. Theriot and David N. Hise 

(Rescheduled from Oct. 19, 2011)

THURSDAY, FEB. 16, 2012 

9 AM  

2010-SC-087-DG 

B. DAHLENBURG BONAR, PSC, ET AL. V. WAITE, SCHNEIDER, BAYLESS & CHESLEY CO., L.P.A., ET AL. 

Summary: “Class Action Litigation. Attorneys’ Fees. The issues include whether and to what extent a former class action co-counsel is entitled to recover fees following settlement of the class-action lawsuit.” 

Discretionary Review granted 1-14-2011

Boone Circuit Court, Judge Robert McGinnis 

Attorneys for Movants: William C. Rambicure, Stephen D. Wolnitzek and Christopher B. Rambicure

Attorneys for Respondents: James M. Gary, Sheryl G. Snyder, Griffin Terry Sumner and John Kendrick Wells IV 

Note: Justices Mary C. Noble and Wil Schroder are recused. Special Justices Roger L. Crittenden and Robert M. Coots sitting. This oral argument was rescheduled from Sept. 14, 2011. 

10 AM

 2010-SC-353-DG 

ALLEN V. COMMONWEALTH OF KENTUCKY 

Summary: “First-degree perjury and theft by deception over $300 – three and one-half years imprisonment, probated for five years. Admissibility of prior convictions. Denial of motion for directed verdict and new trial.” 

Discretionary Review granted 5-11-2011

Jefferson Circuit Court, Judge Judith E. McDonald-Burkman 

Attorney For Movant: Daniel Jay Canon

Attorney For Respondent: Courtney J. Hightower 

11 AM  

2010-SC-029-DG 

KENTUCKYSOUTHERN COAL CORPORATION V. KENTUCKY ENERGY AND ENVIRONMENT CABINET, FORMERLY THE ENVIRONMENTAL AND PUBLIC PROTECTION CABINET  

Summary: “Administrative Agency Law. Issues include whether the Cabinet acted arbitrarily in denying Kentucky Southern Coal Corporation’s application to renew a mining permit for certain land.” 

Discretionary Review granted 3-16-2011

Franklin Circuit Court, Judge Phillip J. Shepherd 

Attorney For Movant: Sam Preston Burchett

Attorney For Respondent: Tamara Janell Patrick

 FRIDAY, FEB. 17, 2012 

9 AM 

2010-SC-685-CL 

COMMONWEALTH OF KENTUCKYV. DERRINGER  

Summary: “Certification of the Law. Whether a conviction for which a defendant is on diversion can be used to qualify for PFO status when he commits a subsequent offense.”

Fayette Circuit Court, Judge James D. Ishmael Jr. 

Attorney For Movant: Jeanne Deborah Anderson

Attorney For Respondent: J. Gregg Clendenin

 10 AM

2010-SC-332-DG 

SMITH, ET AL. V. WILLIAMS, ET AL.  

Summary: “KRS 371.010 – Statute of Frauds. Partition action for sale of real estate pursuant to KRS 389A.030.” 

Discretionary Review granted 5-11-2011

Meade Circuit Court, Judge Stephen P. Ryan 

Attorney For Movants: Jessica Brown Roberts

Attorney For Respondents: J. Gregory Joyner 

11 AM

2010-SC-394-DG

WILSONV. CITY OF CENTRAL CITY, KENTUCKY  

Summary: “Whistleblower Act, KRS 61.102. Issues include whether municipalities and their employees are subject to the provisions of the Whistleblower Act.” 

Discretionary Review granted 5-11-2011

Muhlenberg Circuit Court, Judge David H. Jernigan 

Attorney For Movant: Richard E. Peyton

Attorney For Respondent: Randall Hardesty

Proceedings are open to the public