Issues presented include whether a property owner should be permitted to introduce the PVA assessment of a property into evidence for purposes of establishing fair market value during eminent domain proceedings. Oral arguments heard on Oct. 21, 2021.
Issues presented include whether a statement Roark’s co-defendant made during the co-defendant’s plea hearing, in which the co-defendant claimed sole responsibility for the crime, was admissible at Roark’s trial under the former testimony exception to the hearsay rule. Oral arguments heard on Oct. 21, 2021.
Issues presented include whether real-time cell phone location data may be obtained without a warrant absent exigent circumstances, and what constitutes exigent circumstances with regard to such data. Oral arguments heard on Oct. 20, 2021.
Issues presented include application of the Noerr-Pennington doctrine (and the “sham exception” to that doctrine) to circumstances concerning counsel and their clients’ challenge to a zoning change premised upon lack of “fresh notice” of a rescheduled Planning Commission evidentiary hearing. Oral arguments heard on Oct. 20, 2021.
Issues presented include whether a governmental entity that purchases a retained limits policy is obligated to incur the costs of defense of claims made under that policy, when no duty to defend exists under that policy, and whether such cost is one which a sovereign immunity defense seeks to avoid. Oral arguments heard on Sept. 23, 2021.
Issues presented involve the constitutionality of KRS 341.470(3), permitting non-lawyer representatives to appear on behalf of corporate or partnership employers before a referee or the commission in unemployment compensation proceedings. Oral arguments heard on Sept. 23, 2021.
Issues presented include whether circuit courts may waive the fees required to obtain a felony expungement when the defendant qualifies as a poor person who is entitled to proceed without payment of costs and fees. Oral arguments heard on Sept. 22, 2021.
Issues presented include whether ownership of a cemetery plot suffices to create perpetual ongoing mutuality of benefit, with the accompanying duties owed by cemetery owners to invitees rather than to licensees. Oral arguments heard on Sept. 22, 2021.
City of Fort Wright, Kentucky, et al. v. Board of Trustees of the Kentucky Retirement Systems; and Board of Trustees of the Kentucky Retirement Systems v. City of Fort Wright, Kentucky, et al.
Issues include whether KRS 78.790(1), which requires CERS to invest in securities which are “permitted for the investment of funds by fiduciaries in this state[,]” prohibits CERS from investing in financial products that are not included in KRS 386.020, which includes a list of authorized investments for trust funds. Oral arguments heard on Aug. 19, 2021.
Lindsey Childers, As Administratrix of the Estate of Cameron Pearson, et al. v. William S. Albright, et al.
Issues presented include whether a court’s ruling that a defendant in a criminal case is entitled to self-defense immunity bars re-litigation of the immunity issue in a subsequent civil action. Oral arguments heard on Aug. 19, 2021.