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Supreme Court of Kentucky to hear arguments Feb. 11-12

By Jamie Neal

Frankfort, KY - The Supreme Court of Kentucky will convene Feb. 11-12 in Frankfort to hear cases that originated in Adair, Russell, Franklin, Hopkins and Scott counties. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort.

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 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.

Thursday, Feb. 11, 2016
10amET: 2014-SC-000425-DG
MATT JONES, ET AL V. LARRY BENNETT, RUSSELL COUNTY SHERIFF, ET AL
View Case Briefs

Summary: "Negligence. Qualified Official Immunity. Law Enforcement. Whether a police officer is entitled to qualified official immunity when his failure to prevent a reportedly drunk driver from re-entering his vehicle and turning onto a busy highway resulted in a car accident that seriously injured an innocent motorist."

Discretionary Review Granted 5-6-2015
Russell Circuit Court, Judge Vernon Miniard, Jr.

Attorneys for Appellants: Robert L. Bertram and Larry F. Sword
Attorney for Appellees: Arden Winter Robertson Huff

11amET: 2014-SC-000555-DG
KATHY MCABEE V. DARREN C. CHAPMAN, M.D.
View Case Briefs

Summary: "Evidence. KRE 615(3). Separation of Witnesses. Experts. Whether the trial court properly exempted the defendant's expert from the separation of witnesses rule based on counsel's statement that the expert's presence was essential to management of the case."

Discretionary Review granted 8-12-2015
Hopkins Circuit Court, Judge James Claud Brantley

Attorney for Appellant: Charles S. Wible
Attorney for Appellee: Charles G. Franklin


Friday, Feb. 12, 2016
9amET: 2014-SC-000594-DG
FURLONG DEVELOPMENT CO., LLC, ET AL V. GEORGETOWN-SCOTT COUNTY PLANNING AND ZONING COMMISSION, ET AL
View Case Briefs

Summary: "Mutual Release. Performance Bond. Whether a planning commission may call for payment on a performance bond where a developer, on whose behalf the bond was issued in favor of the planning and zoning commission, defaults on its loan obligation to the bank and executes a deed in lieu of foreclosure to the bank and its property management company. And if so, what is the effect of the language of the mutual release which absolves the developer's surety of any further liability upon execution of the deed in lieu of foreclosure, and what is its effect on the bond obligations and the developer's duty to indemnify the surety?"

Discretionary Review granted 8-12-2015
Scott Circuit Court, Judge Robert G. Johnson

Attorney for Appellants: Jeffrey Clayton Rager
Attorney for Georgetown-Scott County Planning and Zoning Commission: Charles Perkins
Attorney for EGT Properties, Inc. and United Bank & Trust Company: Steven B. Loy and Monica Hobson Braun

10amET: 2014- SC-000549-DG
COMMONWEALTH OF KENTUCKY, DEPARTMENT OF INSURANCE, ET AL V. UNITED INSURANCE COMPANY OF AMERICA, ET AL
View Case Briefs

Summary: "KRS 304.15-420. Unclaimed Life Insurance Benefits Act. The issue is whether the requirements of this Act are substantive, and therefore, should only apply prospectively to policies issued on or after the effective date of the Act. The Act requires life insurance companies doing business in Kentucky to make a good faith effort to learn of the deaths of its insureds through periodic reviews of the Social Security Administration's Death Master File and to make good-faith steps to locate and give notice to potential beneficiaries within a 90 day period."

Discretionary Review granted 8-12-2015
Franklin Circuit Court, Judge Phillip J. Shepherd

Attorneys for Appellants: Peter Frank Ervin, Shaun Thomas Orme, La Tasha Arnae Buckner, and Cannon Glenn Armstrong
Attorneys for Appellees: Joseph L. Ardery, Sheryl G. Snyder, Jason Patrick Renzelmann, Mark D. Hopson, Carol Lynn Thompson, Scott J. Heyman, Brian P. Morrissey

11amET: 2014-SC-000468-DG
LEON M. GRIDER V. COMMONWEALTH OF KENTUCKY
View Case Briefs

Summary: "Criminal Law. Motions in Limine. Admonitions. Motions for Mistrial. The issue is whether testimony which clearly violates the trial court's order on a motion in limine prohibiting such evidence can be adequately cured by an admonition, or whether the trial court, upon a timely motion, must grant a mistrial."

Discretionary Review granted 6-3-2015
Adair Circuit Court, Judge James L. Bowling, Jr.

Attorney for Appellant: Joseph V. Aprile, II
Attorney for Appellee: Taylor Allen Payne

NOTE: Justice Daniel J. Venters is recused


This story was posted on 2016-02-05 08:33:31
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