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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
“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
“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.
“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.
“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
“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.
“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
Jefferson County Coroner seeks next of kin for Barnaba Kai, male, black, DOB 1/1/1979, who lived at Kentucky Towers, 511 S. 5th Street, in Louisville.
He was possibly from Somalia and part of the Lost Boys, per a neighbor. Have information? Call Deputy Coroner Scott Russ at 574-0139.
Louisville Metro is looking for someone to donate the large Christmas tree that will stand in Jefferson Square Park through the holidays.
“Just like most families preparing for the holidays, we’re looking for the perfect Christmas tree,” said Mayor Greg Fischer. “This is the main attraction at Light Up Louisville and it will stay up throughout the holiday season.”
The tree should be a spruce or fir, about 40 feet tall and well-shaped. The city will cut and transport the tree to its prominent spot across from Metro Hall at Sixth and Jefferson streets. Anyone interested in donating a tree should call Metro 311. The tree donor will attend the Light Up Louisville sponsor reception as a featured guest of Mayor Fischer for the Light Up celebration.
Light Up Louisville is held annually on the day after Thanksgiving. This year, the event, in its 38th year, will be held on Friday, Nov. 23.
The tree will be moved with the support of LG&E, Bob Ray Company and Louisville Parks and Recreation.
Attorney General Andy Beshear said a cyber-tip from Facebook led his office to arrest a 25-year-old Dry Ridge man for allegedly exchanging sexual images with a Kentucky minor over the Facebook Messenger app.
On Oct. 8, Tyler Lee Day was arrested by Beshear’s Department of Criminal Investigations, Cyber Crimes Unit. Day was charged with 12 counts of use of a minor under 16 in a sexual performance, Class B felonies; two counts of the prohibited use of a communications system to procure a minor for a sex offense, Class D felonies; and two counts of distribution of obscene matter to a minor, Class A misdemeanors.
The arrest stems from a cyber-tip reported by Facebook to the National Center for Missing and Exploited Children (NCMEC), which was received by Beshear’s office and investigated for seven weeks.
Detectives from Beshear’s office submitted multiple subpoenas and search warrants during the investigation, which led to the discovery that Day had sent sexual images of himself, requested sexual images of children and, in some cases, received images from children.
More than 15 children from multiple states were targeted by Day.
“Make no mistake, the internet is a treacherous place for our children and nearly every online platform or app can be exploited by sexual predators,” Beshear said. “We all have a moral and legal duty to report child abuse, and once my office receives a report we work with local, state and federal partners to ensure child predators are caught quickly and that our children are safe.”
An extensive search by Beshear’s detectives led to a Dry Ridge location where Day was taken into custody. He is currently being held in the Carroll County Jail, and a preliminary hearing is scheduled for Oct. 16 in Gallatin District Court.
The Williamstown Police and Grant County Sheriff’s Office assisted the Cyber Crimes Unit.
When it comes to identifying child predators, Beshear’s office has reached historic levels with more arrests than ever before.
The Cyber Crimes Unit is part of the Kentucky Internet Crimes Against Children Task Force, which works to reduce the number of child predators going after Kentucky’s most vulnerable children.
With the ever-changing cyber landscape, the unit is dedicated to educating its detectives on the most current techniques and technologies to keep pace with those seeking to harm our children.
The Office of the Attorney General also makes it a priority to educate law enforcement, prosecutors, parents, children and care givers on the dangers lurking on the internet.
To help keep children safe online, the office has collaborated with Prevent Child Abuse Kentucky to offer statewide trainings.
Beshear said the trainings offer a free Internet Safety Toolkit, which he said every Kentuckian could access online to obtain information that can protect children from cyber bullying to online predators.
To report any instance of child abuse to local law enforcement or to Kentucky’s Child Abuse hotline at 877-597-2331 or 877-KYSAFE1.
For the very first time, two people were selected to receive the annual Joan Riehm Memorial Environmental Leadership Award—and both recipients are connected to Jefferson County Public Schools (JCPS) and Fern Creek High School.
Fern Creek teacher Lauren Neimann and Fern Creek Class of 2018 graduate Jack Leppert were presented with the award on October 11 during a ceremony at the school. The annual award honors public service employees, volunteers or students who have gone to great lengths to make Louisville a clean, green and healthier place to live, work and play.
Leppert earned the award for a project he designed to renovate the school’s senior courtyard. The renovation included green infrastructure and storm water mitigation as well as a space where students could spend time and relax. He received a $5,000 grant from the Partnership for a Green City and worked throughout the summer to see his project come to life.
“Jack Leppert is a perfect recipient of the Joan Riehm Award because he took the passion he gained from his teacher and literally became the change he wanted to see at Fern Creek High School,” said Dr. Glenn Baete, JCPS assistant superintendent of high schools.
Neimann, his teacher, also earned the award for guiding the project through the necessary steps like building modifications, budgets, and consultations with landscape designers. JCPS leaders say Neimann’s courses prepare students to leave Fern Creek well-equipped to enter sustainability degree programs in college.
“She is that incomparable teacher we remember from our own school days and the teacher we hope our children experience,” Dr. Baete said. “Her love of teaching, motivational methods, and passion for students are inspirational to those who come in contact with her as well as her community at Fern Creek High.”
The Joan Riehm Memorial Environmental Leadership Award was created after Riehm’s death from pancreatic cancer in 2008. Riehm became the first female deputy mayor for the city of Louisville in 1985. She left government 10 years later to serve as a consultant specializing in public issues management and communication, but returned to city government in 2002 to co-chair the merger transition team.
Riehm later initiated Metro government’s inclusion in the Partnership for a Green City, a collaborative effort to improve sustainability internally and in the community by four of Louisville’s largest public entities: Louisville Metro Government, University of Louisville (UofL), JCPS, and Jefferson Community & Technical College.
Attorney General Andy Beshear is calling on federal regulators to allow telephone service providers to block more illegal robocalls being made to Kentuckians.
Beshear and more than 30 state attorneys general detail in their letter that scammers have devised methods to evade a call blocking order issued by the Federal Communications Commission last year.
Beshear said at issue is “neighborhood spoofing,” a technique allowing scammers – no matter where they are located – to appear on Kentuckians’ caller ID as being from a phone number that has the same local area code – 270, 502, 606 or 859.
“Protecting Kentuckians from the constant barrage of unwanted scams and robocalls is an ongoing priority of my office,” Beshear said. “We must strengthen the protections to our citizens when scammers strengthen their ploys to deceive them.”
In 2017, the Federal Trade Commission received 4.5 million illegal robocall complaints – two and a half times more than in 2014.
Beshear said his Office of Consumer Protection receives more than a thousand complaints each year with respect to illegal calls, including scam calls, telemarketing complaints and robocalls.
Beshear encourages Kentuckians to use the National Do Not Call Registry provided by the FCC.
Beshear and his office are fighting to stop con artists and are asking Kentuckians to report scams and identity theft via his office’s online form.
Earlier this year, Beshear announced nearly 2,200 Kentucky small businesses would get money back from a Michigan-based company that allegedly sold scam services.
Beshear recommends all Kentuckians stay ahead of scammers by signing up for his office’s Scam Alerts. To enroll text the words KYOAG Scam to GOV-311 (468-311) or online at ag.ky.gov/scams and select text message or email alert.
District Court judges from across the state participated in sessions on Casey’s Law, guardianship cases, cultural competency and more Sept. 16-19 at the 2018 District Judges College in Lexington. The Education Committee of the Kentucky District Judges Association and the Office of Judicial Branch Education at the Administrative Office of the Courts developed the college.
“The educational programs help judges enhance their legal knowledge and administrative skills, with the resulting public benefit of competent and fair administration of justice,” said District Court Judge John M. McCarty, president of the Kentucky District Judges Association. “The judges also got to spend some quality time with each other. Our annual colleges are a great opportunity to come together and discuss insights and shared challenges.”
Judge McCarty serves as a district judge for Butler, Edmonson, Hancock and Ohio counties, and is temporarily serving as a Family Court judge for Daviess County.
In the session on Casey’s Law, judges heard from people who said they benefited from the involuntary commitment law, which allows parents and others to petition courts for treatment on behalf of the person with a substance use disorder. The legislation is named for Casey Wethington of Northern Kentucky, who died from a heroin overdose in 2002. Guest speakers were Casey’s mother, Charlotte Wethington, who initiated the law and is a recovery advocate, and Wayne Crabtree, recently retired director of the Office of Addiction Services for the Louisville Metro Department of Public Health and Wellness. Judges led a discussion on addiction, treatment and court intervention during the session.
The session on guardianship covered House Bill 5, a law the 2018 General Assembly passed that aims to address the growing number of vulnerable elderly and disabled people who become wards of the state. Under the legislation, judges must determine exceptional circumstances before appointing the state, rather than a family member, as guardian.
Pastor Edward Palmer, a certified diversity trainer, presented on cultural competency, which involves understanding differences in culture and interacting with people of other cultures effectively. The session also focused on racial disparity in the juvenile justice and child welfare systems, where black youths are overrepresented in areas such as diversion overrides, meaning they are not allowed to participate in diversion after committing an offense and instead are sentenced in court.
The college also covered pretrial release, court designated workers and juvenile case processing, domestic violence, ethics and new case law.
Judges had a special opportunity to hear from the justices of the Supreme Court of Kentucky in a panel discussion.
The college included 17 hours of continuing judicial education credit for the district judges.
