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Court of Appeals to hear cases from Breckinridge, Campbell, Fayette, Jefferson, Nelson and Pendleton counties Jan. 15-16 in Louisville

Thursday, 01 10, 2013

Jamie Neal
Public Information Specialist
502-573-2350, x 50033
jamieneal@kycourts.net
http://courts.ky.gov

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear civil cases on appeal from courts in Campbell, Fayette, Jefferson and Pendleton counties and criminal cases on appeal from Breckinridge and Nelson counties when it convenes Tuesday and Wednesday, Jan. 15 and 16, at the Jefferson County Judicial Center in Louisville. Proceedings are open to the public and will take place in the Appellate Courtroom on the 10th floor of the judicial center at 700 W. Jefferson St.

A three-judge panel composed of Court of Appeals Judges Denise G. Clayton, Sara Walter Combs and Christopher Shea Nickell will hear oral arguments Jan. 15 in the civil cases from Campbell, Fayette and Pendleton counties. On Jan. 16, Court of Appeals Judges Irv Maze, Janet L. Stumbo and Kelly Thompson will hear the criminal cases from Breckinridge and Nelson counties and a Jefferson County civil case appeal. Court of Appeals Judge Joy A. Moore and Judges Stumbo and Thompson also will hear a Jefferson County civil case appeal on the 16th.

Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.

Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.

LOUISVILLE DOCKET (Times are local – EST)

TUESDAY, JAN. 15, 2013

1 PM   

2012-CA-000655
FONDA MORGAN v DANIEL GETTER ET AL.

Summary: Civil. The appellant seeks to clarify the role of a guardian ad litem in a change-of-custody case. This case involves a unique perspective and is a case of first impression. A case of first impression is one for which there is not a precedent in Kentucky. The child in the case is also an appellee in the appeal. More than one appellant or appellee in a case is represented in the case name as et al., which means “and others.”

Panel: Judges Clayton, Combs and Nickell will hear oral arguments. Judge Combs will preside.

Campbell County judge who presided in the case: Judge Richard A. Woeste

Appellant attorney: Cynthia Millay

Appellee attorneys: Joshua Crabtree, Richard Konkoly-Thege and Blaine Edmonds III

1:45 PM    

2011-CA-002263
MARY EVANS AS LEGAL GUARDIAN OF SHAYLA MCCANN v DR BARRETT B. BRADLEY ET AL.

CROSS-APPEAL – 2012-CA-000017
BARRETT B BRADLEY (M.D.) ET AL. v MARY R. EVANS (LEGAL GUARDIAN OF SHAYLA MCCANN, A PERSON UNDER DISABILITY)

Summary: Civil. This appeal and cross-appeal are from a Circuit Court decision in a medical malpractice action about an injury at birth that resulted in cerebral palsy. At issue is whether there is sufficient error to have the court decision reversed. There are other parties in the appeal and cross-appeal with Dr. Bradley, as represented in the case name as et al., which means “and others.” To see all parties in the appeal and cross-appeal, input the case numbers on the Court of Appeals cases page.

Panel: Judges Clayton, Combs and Nickell will hear oral arguments. Judge Combs will preside.

Fayette County judge who presided in the case: Judge Ernesto Scorsone

Appellant attorneys: Aaron Bentley, Sheila Hiestand and Stephen O’Brien III

Appellee attorneys: Bradley Case, Stephen Mattingly and Emily Zahn

2:30 PM    

2011-CA-002191
THOMAS R. YOCUM v THE LEGISLATIVE BODY OF THE CITY OF FORT THOMAS (A/K/A THE CITY COUNCIL OF THE CITY OF FORT THOMAS) ET AL.

Summary: Civil. The trial court denied appellant Yocum’s zoning appeal and found that KRS 100.212 and the city of Fort Thomas zoning ordinance were constitutional. Yocum is appealing this ruling. There are other parties in the appeal with the city of Fort Thomas, as represented in the case name as et al., which means “and others.” To see all parties in the appeal and cross-appeal, input the case numbers on the Court of Appeals cases page.

Panel: Judges Clayton, Combs and Nickell will hear oral arguments. Judge Clayton will preside.

Campbell County judge who presided in the case: Judge Julie Reinhardt Ward

Appellant attorney: Julie Neuroth

Appellee attorneys: Thomas Breidenstein and Jeffrey Mando

3:15 PM    

2012-CA-000227
BONNIE PRYOR v COLONY INSURANCE

Summary: Civil. Appellant Pryor is appealing a trial court’s finding that her insurance policy excluded coverage for a person acting as an independent contractor.

Panel: Judges Clayton, Combs and Nickell will hear oral arguments. Judge Clayton will preside.

Pendleton County judge who presided in the case: Judge Jay Delaney

Appellant attorney: Donald Nageleisen

Appellee attorneys: William Stewart and Thomas Sweeney

WEDNESDAY, JAN. 16, 2013

1 PM    

2012-CA-000248
J. MICHAEL BUTLER ET AL. v CHASE HOME FINANCE, LLC, ET AL.

Summary: Civil. Appellant Butler is appealing an order of default judgment and public sale of property in a foreclosure action. At issue in the appeal is whether alleged fraud to induce appellants Butler et al. not to file an answer to the foreclosure action is sufficient ground for setting aside the default judgment. The 5312 Georgia Lane Land Trust is also an appellant and Louisville/Jefferson County Metro Government is also an appellee in the case. They are represented in the case name as et al., which means “and others.”

Panel: Judges Moore, Stumbo and Thompson will hear oral arguments. Judge Stumbo will preside.

Jefferson County judge who presided in the case: Judge Irv Maze

Appellant attorney: Robert Heleringer

Appellee attorneys: James Craig, Lori Leach and John Schardein

1:45 PM    

2012-CA-000507
KENNETH CAMPBELL v COMMONWEALTH OF KENTUCKY

Summary: Criminal. Appellant Campbell is appealing a denial of his motion under the Kentucky Rules of Criminal Procedure 11.42 following an evidentiary hearing. He claims his trial counsel was ineffective due to her failure to present any evidence in his defense. Campbell also argues that the trial court erred in deciding that his claim of an illegal police search could not form the basis for relief under 11.42.

Panel: Judges Maze, Stumbo and Thompson will hear oral arguments. Judge Maze will preside.

Breckinridge County judge who presided in the case: Judge Bruce T. Butler

Appellant attorneys: Rachel Cohen and Amy Staples

Appellee attorneys: Jack Conway and Heather Fryman

2:30 PM    

2010-CA-002093
ROBERT K. HUGHES ET AL. v J. FOX DEMOISEY ET AL.

CROSS-APPEAL – 2010-CA-002165
J. FOX DEMOISEY v ROBERT HUGHES ET AL.

2010-CA-002166
J. FOX DEMOISEY v ROBERT HUGHES ET AL.

Summary: Civil. This is an appeal from a court order dismissing cases based on the statute of limitations. At issue in the appeal is whether the trial court incorrectly applied professional malpractice limitations prior to the time attorney Demoisey represented Hughes et al. At issue in the cross-appeal is the trial court’s summary judgment on Demoisey’s claims, which included unjust enrichment and fraud.

Panel: Judges Maze, Stumbo and Thompson will hear oral arguments. Judge Thompson will preside.

Jefferson County judge who presided in the case: Judge Charles L. Cunningham

Appellant attorney: Peter Ostermiller

Appellee attorneys: Thomas Clay and J. Demoisey

3:15 PM    

2011-CA-002159
COMMONWEALTH OF KENTUCKY v LOUIS LEE ROBERTSON JR

CROSS-APPEAL – 2011-CA-002205
LOUIS LEE ROBERTSON JR v COMMONWEALTH OF KENTUCKY

Summary: Criminal. The trial court granted Robertson relief under the Kentucky Rules of Criminal Procedure 11.42 because his counsel failed to object to the commonwealth’s closing argument at trial. In case 2011-CA-002159, the commonwealth appeals, asserting that there was no prosecutorial error/misconduct. Robertson cross-appeals based on the trial court’s denial of a juvenile transfer hearing, arguing that he was prejudiced by ineffective counsel at a critical state of trial.

Panel: Judges Maze, Stumbo and Thompson will hear oral arguments. Judge Maze will preside.

Judge who presided in the case: Judge John David “Jack” Seay

Appellant attorney: James Lawson

Appellee attorneys: Katherine (Kate) Holm, Kathleen Schmidt and Robert Strong

Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm for the state court system. The AOC supports the activities of nearly 3,300 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.

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