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Court of Appeals to hear cases from Ohio, Taylor and Trigg counties Wednesday in Hardinsburg

Tuesday, 11 13, 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 civil cases from Ohio and Trigg counties and a criminal case from Taylor County when it convenes Wednesday, Nov. 14, at the Breckinridge County Justice Center in Hardinsburg. Proceedings are open to the public and will begin at 10:30 a.m. CST at the justice center, which is located at 111 W. Second St.

A three-judge panel composed of Court of Appeals Judges Irv Maze, Joy A. Moore and Jeff S. Taylor will hear arguments in the cases.

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.

HARDINSBURG DOCKET (Times are local – CST)

WEDNESDAY, NOV. 14, 2012

10:30 AM

2011-CA-001411
JAMES BAGBY v COMMONWEALTH OF KENTUCKY

Summary: Criminal. At issue is whether the Circuit Court erred by allowing a victim to testify via closed-circuit TV and whether the court erred by failing to give the jury instruction on missing evidence. Judge Taylor will preside.

Taylor County judge who presided in the case – Judge Allan Ray Bertram

Appellant attorneys: Karen Maurer and Kathleen Schmidt

Appellee attorney: Jason Moore

11:15 AM    

2012-CA-000050              
GINA ALLEN (ADMINISTRATIX OF THE ESTATE OF MARGARET HILLMAN, DECEASED) v EXTENDICARE HOMES, INC. (D/B/A SHADY LAWN NURSING HOME) ET AL.

Summary: Civil. At issue is whether the Circuit Court erred by granting appellee Extendicare Homes’ motion to dismiss appellant Gina Allen’s claim as time barred. Judge Taylor will preside.

Trigg County judge who presided in the case – Judge C. A. Woodall III

Appellant attorneys: Mary Perry and Robert Salyer

Appellee attorneys: James Cassidy III and Donald Miller II

2:15 PM    

2011-CA-001830
THE JERUSALEM RIDGE BLUEGRASS MUSIC FOUNDATION OF KY, INC. F/K/A THE BILL MONROE/BLUEGRASS FOUNDATION OF KY, INC. v OHIO COUNTY INDUSTRIAL FOUNDATION, INC. ET AL.

Summary: Civil. Declaration judgment action: Appellant Jerusalem Ridge Bluegrass Music Foundation of Kentucky argues that the trial court erred in concluding that there was not an assignment or transfer of its rights to the Bill Monroe name. Ohio County is the other appellant in this case (represented in the case name as et al., which means and others). Judge Moore will preside.

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

Appellant attorney: Mark Pitt

Appellee attorneys: Whayne Priest Jr. for Ohio County Industrial Foundation and Gregory Hill for Ohio County.


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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