Public can watch Supreme Court oral arguments Oct. 21-23
FRANKFORT, Ky.WTVQ – The Supreme Court of Kentucky will convene Wednesday-Friday, Oct. 21-23, to hear oral arguments in cases on appeal from Fayette, Hopkins, Kenton, Scott and Woodford counties.
Proceedings will take place in the Supreme Court Courtroom on the second floor of the state Capitol in Frankfort.
The public may observe oral arguments via the Supreme Court livestream on the Kentucky Court of Justice website or via KET’s livestream. KET will also show oral arguments on its KY Channel, which is available in most of the state. To view arguments later, visit the Supreme Court section of KET’s website.
With the Capitol closed to visitors due to COVID-19, in-person attendance will be limited to attorneys, parties and the media. Masks are required and social distancing will be observed in the courtroom. Visit COVID-19 and the Courts for ongoing updates on how the state court system is handling the pandemic.
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices 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, OCT. 21, 2020
9:30 a.m. EDT
ABBOTT, INC. V. SAMUEL GUIRGUIS, ET AL.
Real Property. Champerty. Judicial Recusal. Issues include whether the circuit court abused its discretion by refusing to recuse from consideration of a land ownership dispute where the judge, prior to taking the bench, and prior to the dispute before the circuit court, was involved in an alleged trespass on nearby land owned by one of the parties.
LAMBERT, J., NOT SITTING.
Discretionary Review Granted: 6/05/2019
Hopkins Circuit Court, Honorable James Claud Brantley, Judge
Attorneys for Appellant: Sheryl G. Snyder, Thomas E. Springer, III
Attorneys for Appellees: William Deatherage, Jr., Mark Alexander Gilbert, Todd Andrew Farmer, Richard E. Peyton
11 a.m. EDT
EUGENE PHILLIPS, ET AL. V. JOHN ROSQUIST, ET AL.
Real Property. Judicial Recusal. Issues include review of an appellate court panel member’s refusal to recuse from a property dispute concerning the appellate judge’s residential subdivision.
Discretionary Review Granted: 8/21/2019
Scott Circuit Court, Honorable Paul F. Isaacs, Judge
Attorneys for Appellant: Neil Edward Duncliffe
Attorneys for Appellees: Derise Duane Cook, John Milton Sosbe
THURSDAY, OCT. 22, 2020
MARK SMITH, ET AL. V. WYNETTA FLETCHER, APRN, ET AL.
Medical Review Panel Act. Statute of Limitations. Equitable Tolling Doctrine. Issues include whether the tolling provisions of the Medical Review Panel Act (MRPA), KRS 216C.005 et seq., were retroactively nullified by the Supreme Court of Kentucky’s decision in Commonwealth of Kentucky v. Claycomb, 566 S.W.3d 202 (Ky. 2018), which declared the MRPA unconstitutional in its entirety.
VANMETER, J., NOT SITTING.
Transfer Granted: 10/31/2019
Fayette Circuit Court, Honorable Lucy Anne VanMeter, Judge
Attorneys for Appellants: Kevin Crosby Burke, Jamie Kristin Neal, Kevin B. Sciantarelli
Attorneys for Appellees: Joshua F. Barnette, Bethany A. Breetz, Robin Elaine McGuffin, Ashley Willis Ward, Jeffery Todd Barnett, Holly Renee Iaccarino, Jessie Leigh Mullaney
COMMONWEALTH OF KENTUCKY V. KEITH JENNINGS
Criminal Law. Sex Offense. Probation. Access to Internet. First Amendment. Issues include whether a probation restriction on a registered sex offender’s internet access is warranted when the original crime did not involve the use of the internet; and, whether such a restriction is violative of the First Amendment.
Discretionary Review Granted:10/24/2019
Kenton Circuit Court, Honorable Gregory M. Bartlett, Judge
Attorneys for Appellant: Daniel J. Cameron, Stephen Chad Meredith, James Coleman Shackelford
Attorneys for Appellee: Shannon Renee Dupree
FRIDAY, OCT. 23,2020
UNIVERSITY OF KENTUCKY V. KERNEL PRESS, INC. D/B/A THE KENTUCKY KERNEL
Kentucky Open Records Act. Title IX Investigation. Education Law. Family Education Rights and Privacy Act (FERPA). Issues include whether materials compiled as part of a state university’s Title IX investigation, concerning student allegations of sexual assault by a university professor, requested pursuant to Kentucky’s Open Records Act, KRS 61.870 et seq., are exempt from disclosure under FERPA.
Discretionary Review Granted: 12/13/2019
Fayette Circuit Court, Honorable Thomas L. Clark, Judge (Ret.)
Attorneys for Appellants: Bryan Howard Beauman, Donald Callaway Morgan, Joshua Michael Salsburey, William Eugene Thro
Attorneys for Appellees: Thomas Walcutt Miller, Elizabeth Catesby Woodford
RONALD EXANTUS V. COMMONWEALTH OF KENTUCKY
Criminal Law. Mental Illness. Constitutional Law. Issues include whether the verdicts of not guilty by reason of insanity and guilty but mentally ill are returned by the jury were logically inconsistent and, therefore, violative of Exantus’s constitutional rights; and, whether sufficient evidence existed to support the jury’s differing findings of culpable mental states.
Oral Argument Granted: 3/25/2020
Woodford Circuit Court, Honorable Phillip R. Patton, Special Judge
Attorneys for Appellant: Roy Alyette Durham, II and Karen Shuff Maurer
Attorneys for Appellees: Daniel J. Cameron, Thomas Allen Van De Rostyne