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Court of Appeals to hear cases Aug. 28 in Louisville and at WKU in Bowling Green

Wednesday, 08 22, 2012

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 oral arguments Tuesday, Aug. 28, at the Jefferson County Judicial Center in Louisville and at Western Kentucky University in Bowling Green. Proceedings are open to the public.

A three-judge panel composed of Court of Appeals Judges Michelle M. Keller, Jeff S. Taylor and Laurance B. VanMeter will convene in Louisville to hear cases from Bullitt and Jefferson counties. Proceedings will take place in the Court of Appeals Courtroom on the 10th floor of the judicial center at 700 W. Jefferson St.

A three-judge panel composed of Court of Appeals Chief Judge Glenn E. Acree and Court of Appeals Judges Donna L. Dixon and Joy A. Moore will hear the first case of the day at WKU, an appeal and cross-appeal from Edmonson County. Judges Dixon and Moore and Court of Appeals Judge Kelly Thompson will hear cases from Fayette, Hardin and McCracken counties at the university. The Hardin County appeal is in Jose Padilla v Commonwealth of Kentucky, the Kentucky case in which the U.S. Supreme Court ruled that immigrants are entitled to accurate legal advice about the potential for deportation if they plead guilty to a crime. The Supreme Court remanded the case to Hardin County Circuit Court and Padilla is now appealing the Circuit Court’s decision. Proceedings at WKU will take place in room 166 of the Mass Media and Technology Hall on Normal Drive. 

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 – EDT)

TUESDAY, AUG. 28, 2012

To see more information about a case, input the case number on the Court of Appeals cases page.

10 AM    
2011-CA-000356     LAWRENCE HILL v JACQUELINE HILL

Summary: Civil. Judge Taylor will preside. At issue is whether the Circuit Court erred by denying appellant Lawrence Hill’s motion to modify his maintenance obligation.

Jefferson County judge who presided in the case – Judge Paula Sherlock

Appellant’s attorney: Dennis Carrithers

Appellee’s attorneys: Paul Hershberg, Stacy Hoehle and Louis Winner


10:45 AM    
2011-CA-000659     TRACY MCCLAIN v COMMONWEALTH OF KENTUCKY

Summary: Criminal. Judge Taylor will preside. At issue is whether the Circuit Court erred in denying appellant Tracy McClain’s motion to suppress evidence.

Jefferson County judge who presided in the case – Judge A. C. McKay Chauvin

Appellant’s attorney: Rob Eggert

Appellee’s attorneys: Jack Conway and Joshua Farley


11:30 AM
2011-CA-001798    BULLITT COUNTY BOARD OF HEALTH v BULLITT COUNTY FISCAL COURT ET AL.

Summary: Civil. Judge Taylor will preside. At issue is whether the Circuit Court erred in invalidating the Bullitt County Board of Health’s regulation banning smoking in public places and certain outdoor venues within the county. The American Cancer Society, Kentucky League of Cities and other organizations have filed friend of the court briefs (amicus curiae briefs) in the case. A friend of the court is a person or organization that is not a party to a case but volunteers to offer information to assist a court in deciding a matter before it. To see more information about this case, input the case number on the Court of Appeals cases page.

Bullitt County judge who presided in the case – Judge Rodney D. Burress

Appellant’s attorneys: Jason Ams and Margaret Miller

Appellees’ attorneys: Monica Robinson for Bullitt County Fiscal Court; Mark Edison for the cities of Hillview, Lebanon Junction, Pioneer Village, Hebron Estates, Hunters Hollow and Fox Chase; Norman Lemme for the city of Mount Washington; and Joseph Wantland for the city of Shepherdsville (cities listed as et al., which means and others, in the case name)


1:30 PM    
2011-CA-000639     MARC BUCHANAN v COMMONWEALTH OF KENTUCKY

Summary: Criminal. Judge Keller will preside. Appellant Buchanan argues that the Circuit Court erred when it denied his motion for a directed verdict on a charge of tampering with evidence, denied his motion for a new trial based on prosecutorial misconduct, instructed the jury on wanton assault and permitted the jury to go back to deliberating after reading a verdict of not guilty, which was apparently erroneous.

Fayette County judge who presided in the case – Judge James D. Ishmael Jr.

Appellant’s attorneys: Thomas Ransdell and Kathleen Schmidt

Appellee’s attorneys: Jack Conway and Julie Jernigan


2:15 PM    
2011-CA-001799     JASON RUSSELL v COMMONWEALTH OF KENTUCKY

Summary: Criminal. Judge Keller will preside. Appellant Russell appeals the Circuit Court’s denial of his RCr 11.42 motion as untimely, arguing that his mental illness prevented him from timely filing the motion.

Fayette County judge who presided in the case – Judge Thomas L. Clark

Appellant’s attorneys: Daniel Canon and Kathleen Schmidt

Appellee’s attorneys: Jack Conway and Julie Jernigan


WKU DOCKET (TIMES ARE LOCAL – CDT)

TUESDAY, AUG. 28, 2012

To see more information about a case, input the case number on the Court of Appeals cases page.

11 AM    

2011-CA-000601    
ATMOS ENERGY CORPORATION ET AL. v BILLY JOE HONEYCUTT ET AL.

2011-CA-000783
(CROSS-APPEAL) BILLY JOE HONEYCUTT ET AL. v ATMOS ENERGY CORPORATION ET AL.

Summary: Civil. Judge Moore will preside. Gas royalties dispute. The appeal and cross-appeal are from a jury verdict. Issues include whether appellant/appellee Atmos was entitled to judgment as a matter of law on claims for conversion, negligence, tortious interference with a contract and fraud; whether the trial court should have granted a new trial due to the jury instructions, failure to strike jurors and evidentiary rulings; whether Atmos’ failure to implead another party precludes judgment in Atmos’ favor; and whether the award of damages was proper. To see all parties in this case, input the case number on the Court of Appeals cases page.

Edmonson County judge who presided in the case – Judge Ronnie C. Dortch

Attorneys for Atmos Energy: E. Ames et al.

Attorneys for Billy Honeycutt: A. Conway II et al.


1:30 PM    
2011-CA-001339     DEENA REICHWEIN v JACKSON PURCHASE ENERGY CORPORATION

Summary: Civil. Judge Thompson will preside. This is an appeal from a summary judgment in a wrongful death, personal injury action. Appellant Reichwein alleges a failure to view the facts in the light most favorable to the non-moving party and prematurely granting summary judgment before Reichwein was given sufficient discovery and other arguments.

McCracken County judge who presided in the case – Judge Craig Z. Clymer

Appellant’s attorney: Christopher Morris

Appellee’s attorneys: Park Priest, Samantha Propp and Melissa Yates


2:15 PM    
2011-CA-000553     JOSE PADILLA v COMMONWEALTH OF KENTUCKY

Summary: Criminal. Judge Thompson will preside. The U.S. Supreme Court found that appellant Padilla was entitled to advice about the immigration consequences of his guilty plea to trafficking in more than five pounds of marijuana. The case was remanded to Hardin County Circuit Court and, after an evidentiary hearing, the Circuit Court found that the advice Padilla received from his counsel was deficient but that the error did not prejudice the appellant. Padilla appeals that ruling.

Hardin County judge who presided in the case – Judge Kelly Mark Easton

Appellant’s attorneys: Timothy Arnold and Kathleen Schmidt

Appellee’s attorneys: Jack Conway and William Long Jr.

###

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