# Fox v. Grayson

> Kentucky Supreme Court · April 22, 2010 · 317 S.W.3d 1

URL: https://www.frixlaw.com/law-library/cases/9748760

## Case

- **Full name:** Virginia G. FOX, Appellant, v. Trey GRAYSON (In His Official Capacity as Secretary of State of the Commonwealth of Kentucky); Steven L. Beshear (In His Official Capacity as Governor of the Commonwealth of Kentucky); And Pam Miller, Appellees
- **Court:** Kentucky Supreme Court
- **Decided:** April 22, 2010
- **Citations:** 317 S.W.3d 1; 2010 Ky. LEXIS 88; 2010 WL 1636738
- **Precedential status:** Published
- **Opinion:** Dissent by Schroder
- **Judges:** Minton, Noble, Scott, Venters, Abramson, Cunningham, Schroder
- **Cited by:** 229 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9748760

## How later opinions describe it (automated extraction)

- stating the elements of an IIED claim: “1. The wrongdoer’s conduct must be intentional or reckless; 2. The conduct must be outrageous and intolerable in that it offends against the generally accepted standards of decency and morality; 3. There must be a causal connection betwe…
- holding appellate court may properly consider, sua sponte, public records and government documents
- applying the statutory construction tenet referred to as ex-pressio unius est exclusio alterius (the mention of one thing implies the exclusion of another)

## Opinion text

SCHRODER, J.,
dissenting.
The bicameral confirmation requirement for members of the CPE contained in KRS 164.011(1) does not violate Section 93 of the Kentucky Constitution. The phrase in Section 93 regarding confirmation by the Senate is merely illustrative of how appointees could be confirmed. The phrase does not preclude a statute that requires confirmation by both chambers of the General Assembly. The language is clear; it says what it says.
CUNNINGHAM, J., joins.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9748760. Public record. Not legal advice.