In all honesty, August Court Conference Week sorta snuck up on us here at SCOKYBLOG. We’d been lulled into complacency during the hot summer break, and didn’t even think about the fact that the August Oral Arguments were this week until over the weekend. In any event, links to the briefs in the August Oral Arguments are below.

Wednesday, August 15, 2007

9:00 a.m. RANKINS V. COMMONWEALTH (2005-SC-690-DG)

“Appeals. Hearsay. Issues include (1) whether the Commonwealth may appeal from a district court’s final order dismissing a case, and (2) whether a witness’ statements to a police officer are admissible as excited utterances.” Discretionary review granted 6/7/2006 Jefferson Circuit Court, Judge Ann Shake For Movant: Bruce P. Hackett For Respondent: David A. Sexton

Appellant’s Brief

Appellee’s Brief

Appellant’s Reply Brief

10:00 a.m. GRIPSHOVER V. GRIPSHOVER (2005-SC-000729-DG) AND (CROSS-MOTION) GRIPSHOVER V. GRIPSHOVER (2006-SC-000256-DG)

“Domestic Relations. Dissolution of Marriage. Division of Real Property. Issues include the extent and divisibility of marital interest in real property that has been placed in an irrevocable trust and the application of Brandenburg v. Brandenburg, 617 S.W .2d 871 (Ky. App. 1981).” Discretionary review granted 3/15/2006 and 6/7/2006 Boone Circuit Court, Judge Linda Bramlage For Movant/Cross-Respondent: David A. Koenig For Respondent/Cross-Movant: D. Anthony Brinker

Appellant’s Brief

Appellee’s Brief

Appellant’s Reply Brief

11:00 a.m. LACH V. MAN O WAR, LLC (2005-SC-1014-DG)

“Partnerships. Discovery. Issues include whether general partners effected unlawful conversion of limited partnership to limited-liability company; whether transfer of partnership assets to limited-liability company was unlawful; whether general partners breached fiduciary duty to limited partner; and whether trial court improperly limited discovery by plaintiff limited partner.” Discretionary review granted 8/17/2006 Fayette Circuit Court, Judge Gary D. Payne For Movant: Glen S. Bagby, J. Robert Lyons, Jr. and Elizabeth U. Mendel For Respondent: Phillip D. Scott, Theodore R. Martin, Carroll M. Redford, III, and Robert S. Ryan

Appellant’s Brief

Appellee’s Brief

Appellant’s Reply Brief

2:00 p.m. HODGE, ET AL. V. HON. EDDY COLEMAN, SPECIAL JUDGE, ET AL. (2007-SC-73-OA)

“Writ of Mandamus to compel expenditure of funds for indigent post-conviction petitioners.” Letcher Circuit Court, Judge Eddy Coleman For Appellants: Armand I. Judah, Laurence E. Komp, Heather Christina McGregor and David M. Barron For Respondents: Rickey L. Bartley, David A. Smith and James J. Barrett, III

[Briefs Not Yet Available]

Thursday, August 16, 2007

9:00 a.m. COMMONWEALTH V. COKER (2005-SC-981-DG)

“Criminal Law. Peremptory Challenge. Batson Violation. Prosecutor exercised peremptory challenge on black venire person who responded positively to defense counsel’s questions, reasoning that the answers demonstrated a defense bias. The issue is whether the prosecutor’s reason was pretextual.” Discretionary review granted 8/17/2006 Franklin Circuit Court, Judge Roger Crittenden For Movant: William Robert Long, Jr. For Respondent: Shannon Dupree

Appellant’s Brief

Appellee’s Brief

10:00 a.m. COMMONWEALTH V. BOWLES (2005-SC-39-DG)

“Criminal Law. RCr 11.42. Ineffective Counsel. The issue is whether criminal defendant received effective assistance of counsel at trial.” Discretionary review granted 2/15/2006 Christian Circuit Court, Judge James E. Higgins, Jr. For Movant: Samuel J. Floyd, Jr. For Respondent: Susan Jackson Balliet

Appellant’s Brief

Appellee’s Brief

Appellant’s Reply Brief

11:00 a.m. MOORHEAD V. MANNING (2006-SC-251-DG)

“Attorney Fees. Issues include the propriety of new litigation, subsequent to final disposition of contract and attorney fee litigation, as a procedure for pursuing post judgment attorney fees.” Discretionary review granted 9/13/2006 Jefferson Circuit Court, Judge Denise Clayton For Movant: John H. Dwyer, Jr. and James Hays Lawson For Respondent: W. David Kiser and Simon Brooks Berry (Note: Justice Schroder is recused)

Appellant’s Brief

Appellee’s Brief

Appellant’s Reply Brief

Friday, August 17, 2007

9:00 a.m. SHANE V. COMMONWEALTH (2006-SC-96-MR)

“Burglary and First Degree PFO – 35 years.” Jefferson Circuit Court, Judge F. Kenneth Conliffe For Appellant: Frank Wm Heft, Jr. For Appellee: David W. Barr

Appellant’s Brief

Appellee’s Brief

Appellant’s Reply Brief

10:00 a.m. COMMONWEALTH V. BISHOP, ET AL. (2006-SC-123-DG)

“Criminal Law. Arrest Powers. Issues include whether a fourth-class city’s “Home Rule” powers may limit the authority of city police, absent emergency, to the municipal geographical boundaries.” Discretionary review granted 8/17/2006 Clay Circuit Court, Judge Jerry D. Winchester For Movant: Bryan D. Morrow For Respondents: Stephan Charles and Charles Edward Keith (Note: Justice Minton is recused)

Appellant’s Brief

Appellee’s Brief

11:00 A.M. JONES V. CROSS (2005-SC-854-DG) AND (CROSS-MOTION) CROSS V. JONES (2006-SC-164-DG)

“Official Immunity. KRS 70.040. Issues include whether KRS 70.040 grants a limited waiver of a sheriff’s official capacity immunity for allegedly negligent actions of a deputy sheriff. The cross-motion questions the constitutionality of KRS 70.040.” Discretionary review granted 2/15/2006 and 4/12/2006 Barren Circuit Court, Judge Phillip R. Patton For Movant/Cross-Respondent: Marc A. Lovell and Travis Wayne Calvert For Respondent/Cross-Movant: Lee Huddleston (Note: Justice Minton is recused)

Appellant’s Brief

Appellee’s Brief

Appellant’s Reply Brief

Appellee’s Reply Brief

Amicus Curiae Brief of St. Matthews Fire Protection District