Category Archives: Supreme Court

Page for Kentucky Supreme Court videos and posts

University of Kentucky, aka UK Healthcare, et al. v. Sarah R. Moore, et al., and Commonwealth of Kentucky Dept. of Revenue et al. v. Sarah R. Moore

6/07/19 11:09 AM

University of KY., AKA UK HEALTHCARE, et al. V. Sarah
R. Moore, et al (2018-SC-000193-TG) and Commonwealth of Ky., Dept. of Revenue et al V. Sarah R. Moore
“Collection of accounts owed to the University of Kentucky hospital. Referral to
the Department of Revenue. KRS 45.237 et seq. and KRS 45.241.”
Fayette Circuit Court, Judge John E. Reynolds
Attorneys for University of Kentucky, A/K/A UK Healthcare and Mark F.
Newman, in his official capacity as Executive Vice President for Health Affairs,
University of Kentucky: Kevin G. Henry, William Thro, Bryan Howard Beauman
and Joshua Michael Salsburey
Attorneys for Sarah R. Moore: William L. Davis and E. Douglas Richards
Attorneys for Commonwealth of Kentucky, Department of Revenue and Daniel
P. Bork, in his official capacity as Commissioner of the Kentucky Department of
Revenue: Mark Stephen Pitt, Frank L. Dempsey, Raymond Campbell Connell,
Stephen Chad Meredith and Matthew Kuhn

Richard A. Getty, et al. v. Brenda Sue Bridges Getty, et al.

6/07/19 11:05 AM

“Testamentary Capacity. Undue Influence. Directed Verdict. Misappropriation of
Marital Property. Contempt. Whether there was sufficient evidence of lack of
testamentary capacity and undue influence to overcome a motion for directed
verdict. Also, whether the surviving spouse may be liable for misappropriation
of marital property before and/or after the death of her husband. Also, was
there a basis for holding the surviving spouse and her counsel in contempt of
court for proceeding with cremation of the body of the deceased?”

Donald G. Adams v. Commonwealth of Kentucky

6/07/19 11:02 AM

“Criminal Law. Expungement. KRS 431.073. Whether a defendant’s Class D
felony convictions qualify for expungement as a “single incident” under KRS
431.073 when: (1) the defendant was convicted on four counts of theft by
unlawful taking; (2) all four theft counts were charged in a single indictment; (3)
the thefts occurred over a six-month period; and (4) all four thefts involved the
same victim and the same type of property.”
Discretionary Review granted 6/6/2018
Daviess Circuit Court, Judge Joseph W. Castlen, III
Attorney for Appellant: Marty G. Jacobs
Attorneys for Appellee: Andy Beshear, John Paul Varo and James Patrick Judge
(Lambert, J., recused)

Commonwealth of Kentucky, Cabinet for Health and Family Services v. H. C., et al.

6/06/19 11:12 AM

“Dependency, Neglect or Abuse. Expert Witness Funding. Issues include the
propriety of funding expert witnesses as sought by indigent parents in
dependency/neglect/abuse proceedings involving their children.”
Discretionary Review granted 2/7/2019
Harrison Circuit Court, Judge Heather Fryman
Attorneys for Appellant: Mark Stephen Pitt, Johann Frederick Herklotz, Stephen
Chad Meredith, Matthew Kleinert and Matthew Kuhn
Attorney for H.C.: Joshua Andrew Kelly McWilliams
Attorney for L.E., a child: Todd Kirt Kellett

Commonwealth of Kentucky, Cabinet for Health and Family Services, et al. v. K. S., Mother

6/06/19 11:09 AM

COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY
SERVICES, ET AL. V K. S., MOTHER (2018-SC-000523-DGE)
APPELLANT BRIEF
APPELLEE BRIEF
“Termination of Parental Rights. Risk of Neglect. Issues involve the sufficiency
of the evidence of risk of harm as a basis for neglect or abuse supporting
termination of parental rights.”
Discretionary Review granted 2/7/2019
Kenton Circuit Court, Judge Dawn M. Gentry
Attorney for Commonwealth of Kentucky, Cabinet for Health and Family
Services: Abigail Voelker
Attorney for A. W. S., a child: James Richard Scott

Donna Krieger, et al v. Tamara D. Garvin, et al.

6/06/19 11:04 AM

DONNA KRIEGER, ET AL. V. TAMARA D. GARVIN, ET AL.
(2018-SC-000154-DGE)
APPELLANT BRIEF
APPELLEE BRIEF
APPELLEE BRIEF
REPLY BRIEF
“Child Custody. De Facto Custodians. At issue is the propriety of awarding “de
facto” custodian status to an unmarried couple.”
Discretionary Review granted 6/6/2018
Jefferson Circuit Court, Judge Deborah Deweese
Attorney for Appellants: Jacqueline M. Caldwell
Attorney for Tamara Garvin: Ray

Commonwealth of Kentucky Ex Rel. Andy Beshear, Attorney General v. Matthew G. Bevin, Governor

4/17/19 2:15 PM

COMMONWEALTH OF KENTUCKY EX REL. ANDY BESHEAR, ATTORNEY
GENERAL V. MATTHEW G. BEVIN, IN HIS OFFICIAL CAPACITY AS
GOVERNOR OF KENTUCKY, ET AL. (2017-SC-000647-TG)
APPELLANT BRIEF
APPELLEE BRIEF
REPLY BRIEF
3/11/2019
“Executive Order 2017-334 and 2017-364. KRS 12.028. Reorganization of
Kentucky Education Boards.”
Franklin Circuit Court, Judge Thomas D. Wingate
Attorneys for Appellant: Andy Beshear, La Tasha Arnae Buckner, Laura Tipton,
Steven Travis Mayo, Taylor Allen Payne and Matthew James
Attorneys for Matthew G. Bevin, in his official capacity as Governor of
Kentucky: Mark Stephen Pitt, Stephen Chad Meredith and Matthew Kuhn
Attorneys for Hal Heiner, in his official capacity as secretary of the Kentucky
Education and Workforce Development Cabinet: Bridget H. Papalia, Mark
Stephen Pitt, Stephen Chad Meredith and Matthew Kuhn

Debra Marshall v. Montaplast of North America, Inc.

4/17/19 2:12 PM

DEBRA MARSHALL V. MONTAPLAST OF NORTH AMERICA, INC.
(2018-SC-000260-DG)
APPELLANT BRIEF
APPELLEE BRIEF
REPLY BRIEF
“Wrongful Termination. Public Policy. Issues involve the propriety of terminating
a factory worker’s employment for telling three co-workers that a supervisor is a
registered sex offender.”
Discretionary Review granted 9/19/2018
Franklin Circuit Court, Judge Phillip J. Shepherd
Attorney for Appellant: Joshua Stephen Harp
Attorney for Appellee: Oliver Barrett Rutherford

Commonwealth of Kentucky v. Alger Ferguson and Alger Ferguson v. Commonwealth of Kentucky

4/17/19 2:08 PM

COMMONWEALTH OF KENTUCKY V. ALGER FERGUSON (2017-SC000651-DG) AND ALGER FERGUSON V. COMMONWEALTH OF
KENTUCKY (2018-SC-000151-DG)
APPELLANT BRIEF
APPELLEE BRIEF
REPLY BRIEF
REPLY BRIEF
“Criminal Law. RCr 11.42 Motion. Ineffective Assistance of Counsel. Pro Se
Defendant. Whether the Defendant was entitled to a new trial when he and his
trial counsel disagreed as to how to present his defense (suicide of the victim)
to the charge of murder, resulting in the Movant seeking to represent himself at
the close of the Commonwealth’s case-in-chief. Whether the failure of trial
counsel to conduct a reasonable investigation of the suicide defense and to
retain an expert to support it denied the Movant his right to effective assistance
of counsel.”
Discretionary Review granted 3/14/2018 and 6/6/2018
Lawrence Circuit Court, Judge John David Preston
Attorney for Appellant/Cross-Appellee: Gregory C. Fuchs
Attorneys for Appellee/Cross-Appellant: Samuel N. Potter and Rachel Abigail
Vinales

Angela Maggard, M.D. v. Bruce Kinney, M.D.

4/12/19 12:16 PM

ANGELA MAGGARD, M.D. V. BRUCE KINNEY, M.D.
Torts. Immunity. Judicial Statements Privilege. Medical Licensure. Issues
include whether the judicial statements privilege immunizes a complainant for
allegedly defamatory statements made to the Kentucky Board of Medical
Licensure in a written grievance or during grievance related proceedings.”
Discretionary Review granted 9/19/2018
Floyd Circuit Court, Judge Johnny Ray Harris