The Supreme Court of Kentucky will convene Oct. 25-26 in Frankfort to hear oral arguments in cases that originated in Campbell, Daviess, Fayette, Franklin, Jefferson and Knox 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 livestream 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 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, OCT. 25, 2018
9 AM
2017-SC-000441-DG
COMMONWEALTH OF KENTUCKY V. MICHAEL PADGETT

2017-SC-000661-DG
MICHAEL PADGETT V. COMMONWEALTH OF KENTUCKY

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“Criminal Law. Mistrial. Double Jeopardy. Issues involve a pretrial ruling and whether the trial court abused discretion in declaring a mistrial after defense counsel’s perceived violation of that ruling.”

Discretionary Review granted 12/7/2017 and 2/7/2018
Daviess Circuit Court, Judge Joseph W. Castlen, III

Attorney for Appellant/Cross-Appellee: Thomas Allen Van De Rostyne
Attorney for Appellee/Cross-Appellant: Emily Holt Rhorer and Shannon Dupree

10 AM
2017-SC-000596-DG
LEE COMLEY V. AUTO-OWNERS INSURANCE COMPANY

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“Insurance Law. Homeowners Coverage. The issues, involving potential coverage for damage to a home resulting from a nearby water main break, concern the scope of the “water damage” exclusions as to “water below the surface of the ground . . . which . . . flows, seeps or leaks through any part of a building” and as to “regardless of the cause . . . flood.”

Discretionary Review granted 3/14/2018
Fayette Circuit Court, Judge Thomas L. Clark

Attorneys for Appellant: Stephen M. O’Brien, III, Bruce Clark Batten, II, and David Coomer
Attorneys for Appellee: Luke Alan Wingfield and John Carter

11 AM
2017-SC-000274-DG
LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT V. T+C CONTRACTING, INC.

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“Contract. Fairness in Construction Act. KRS 371.405. Issues include whether the dispute resolution provisions in the parties’ contract, which deem the contractor’s claim for additional compensation from MSD waived if certain procedural requirements are not met, violate the Fairness in Construction Act.”

Discretionary Review granted 3/14/2018
Jefferson Circuit Court, Judge James M. Shake

Attorneys for Appellant: Kenneth Allen Bohnert, Richard M. Sullivan and Jennifer Fust-Rutherford
Attorney for Appellee: Gerald Lee Stovall

FRIDAY, OCT. 26, 2018
9 AM
2017-SC-000203-DG
SHANNON JONES, ET AL. V. DAVID WAYNE BAILEY

2017-SC-000604-DG
DAVID WAYNE BAILEY V. SHANNON JONES, ET AL.

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“Parole Board. Entitlement to Assistance of Counsel. The issues include whether the final post-incarceration sex offender supervision revocation hearing is a “critical stage” of the proceeding, triggering entitlement to assistance of counsel.”

Discretionary Review granted 10/25/2017 and 12/7/2017
Franklin Circuit Court, Judge Thomas D. Wingate

Attorney for Appellants/Cross-Appellees: Angela Turner Dunham
Attorney for Appellee/Cross-Appellant: Timothy G. Arnold

10 AM
2017-SC-000348-DG
BARBARA SMITH V. BONNIE SMITH

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“Torts. Personal Injury. Slip and Fall. Issues include whether the status of a visitor as an invitee or licensee or trespasser continues to define the scope of the property owner’s duty to the visitor.”

Discretionary Review granted 3/14/2018
Knox Circuit Court, Judge Gregory Allen Lay

Attorneys for Appellant: Michael D. Risley, Darrell L. Saunders and Bethany A. Breetz
Attorneys for Appellee: Brien Glenn Freeman, Todd Kevin Childers and Aaron Howard

11 AM
2017-SC-000340-DG
RAYMOND HAYES, ET AL. V. D.C.I. PROPERTIES-D. KY, LLC, ET AL.

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“Torts. Personal Injury. Trespasser. Attractive Nuisance. Issues include whether the 16-year-old plaintiff can recover for injuries sustained when he trespassed on the defendant’s construction site.”

Discretionary Review granted 4/18/2018
Campbell Circuit Court, Judge Fred A. Stine, V.

Attorney for Appellants: Anthony McIntosh
Attorney for D.C.I. Properties-D. KY, LLC: James Moberly West
Attorney for The Nelson Stark Company: Mark MacDonald