State Supreme Court to hear Beshear separation of powers cases this week

FRANKFORT, Ky.(WTVQ/Press Release) – The Supreme Court of Kentucky will hear oral arguments this week, including challenges Thursday in two cases about the governor’s powers in handling emergencies such as COVID-19.

Proceedings will take place in the Supreme Court Courtroom on the second floor of the state Capitol in Frankfort.

The Capitol is closed to visitors due to COVID-19. The public can watch proceedings via a livestream on KET’s website. To watch proceedings later, visit the Supreme Court section of the site.

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.

Oral Arguments

WEDNESDAY, JUNE 9, 2021

9:30 a.m. ET

2019-SC-0132-DG

COMMONWEALTH OF KENTUCKY V. BOBBIE COLLINSWORTH

Criminal Law. Probation Revocation. KRS 533.040. KRS533.060. When a defendant is on probation in County A; commits new crimes in County B; and is sentenced, incarcerated, and paroled on the new crimes in County B before the court in County A conducts a revocation hearing, must the court in County A run its previously probated sentence concurrent with the paroled sentence from County B.

View case briefs

Discretionary Review granted: 12/13/2019

Kenton Circuit Court, Judge Kathleen Lape

Counsel for Appellant: James Havey

Counsel for Appellee: Steven Nathan Goens

10:30 a.m. ET

2020-SC-0232-DG

CRAIG BRAMLETT, ET AL. V. ARNOLD J. RYAN, JR., ET AL.

Tort Law. Premises Liability. Issues in this case, arising out of the death of a seven-year-old boy by drowning in a residential swimming pool at his baseball team practice including also a cookout and swimming all hosted at the home of one of the team coaches, involve the scope of duty and any breach of duty as well as the propriety of summary judgment for the homeowners as affirmed by the Court of Appeals panel.

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Discretionary Review granted: 10/22/2020

Pike Circuit Court, Judge Eddy Coleman

Counsel for Appellants: Kevin C. Burke, James K. Neil, and Mark A. Weis

Counsel for Appellee: Jonathan C. Shaw

11:30 a.m. ET

2019-SC-0704-DG

JOSE ELADIO ORTIZ V. COMMONWEALTH OF KENTUCKY

Criminal Law. DUI. Informed Consent. KRS 189A.103 and .105. In an original action which began in circuit court regarding the enforceability of a district court suppression of blood test results, issues involve the validity of a Spanish speaking arrestee’s consent after KRS 189A warnings were read to him in English. The focus is on the “shall be informed” language of KRS 189A.105.

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Discretionary Review granted: 5/21/20

Logan Circuit Court, Judge Tyler L. Gill

Counsel for Appellant: Ami L. Brooks

Counsel for Appellee: Mark D. Berry

Counsel for Amicus Curiae: Angela Rea & Michael R. Mazzoli

Nickell, J., not sitting.

THURSDAY, JUNE 10, 2021

9:30 a.m. ET

2021-SC-0126-I

ANDY BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE COMMONWEALTH OF KENTUCKY, ET AL. V. GOODWOOD BREWING COMPANY, LLC D/B/A LOUISVILLE TAPROOM, FRANKFORT BREWPUB, AND LEXINGTON BREWPUB, ET AL.

Injunctive Relief. Separation of Powers. Legislation. Issues presented include the Governor’s authority to issue executive orders related to recently enacted HB 1, SB 1, SB 2, and HJR 77.

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Transfer granted: 4/15/21

Scott Circuit Court, Judge Brian Privett

Counsel for Appellants: Amy D. Cubbage, Marc G. Farris, Travis Mayo, Taylor Payne, Lauren C. Tipton, Wesley W. Duke, and David T. Lovely

Counsel for Appellees: Oliver J. Dunford, Joshua S. Harp, Steven M. Simpson, and Daniel T. Woislaw

10:30 a.m. ET

2021-SC-0107-I

DANIEL J. CAMERON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE COMMONWEALTH OF KENTUCKY V. ANDY BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE COMMONWEALTH OF KENTUCKY, ET AL.

Separation of Powers. Legislation. Standing. Issues presented include the constitutionality of HB1, SB 1, SB 2, and HJR 77, and whether Governor has standing to file suit to challenge legislation by filing suit for declaratory relief.

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Transfer granted: 4/15/21

Franklin Circuit Court, Judge Phillip J. Shepherd

Counsel for Appellant: S. Chad Meredith, Matthew F. Kuhn, Brett R. Nolan

Counsel for Appellees: Amy D. Cubbage, Marc G. Farris, Travis Mayo, Taylor Payne, Lauren C. Tipton, Wesley W. Duke, LeeAnne E. Applegate, Eric Lycan, David Fleenor, Gregory Woosley

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