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Court of Appeals to hear cases from Ballard, Christian and McCracken counties Jan. 30 at Kentucky Wesleyan College

Thursday, 01 17, 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 convene Wednesday, Jan. 30, at Kentucky Wesleyan College in Owensboro to hear arguments in civil cases on appeal from courts in Christian and McCracken counties and a criminal case appeal from Ballard County. Proceedings are open to the public and will begin at 9:30 a.m. CST in the Winchester Community Center of Rogers Hall at 3000 Frederica St.

A three-judge panel composed of Court of Appeals Chief Judge Glenn E. Acree  and Court of Appeals Judges Jeff S. Taylor and Laurance B. VanMeter will hear oral 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.

OWENSBORO/KENTUCKY WESLEYAN DOCKET

WEDNESDAY, JAN. 30, 2013

9:30 AM CST    

2010-CA-001974
KENNETH THROGMORTON v COMMONWEALTH OF KENTUCKY

2010-CA-002210
KENNETH THROGMORTON v COMMONWEALTH OF KENTUCKY

Summary: Judge Taylor will preside. Appeal in criminal cases from Ballard County. At issue is whether the trial court violated KRS 532.110 when it imposed 32 years of imprisonment on appellant Throgmorton for multiple class D felonies.

Judge who presided in the cases – Judge Timothy A. Langford

Appellant attorneys: Linda Horsman and Kathleen Schmidt

Appellee attorney: Susan Lenz

10:15 AM CST    

2011-CA-001976
JEFFREY JERRELL (IN HIS OFFICIAL CAPACITY AS MCCRACKEN COUNTY CLERK) v MCCRACKEN COUNTY FISCAL COURT

Summary: Judge VanMeter will preside. Civil. At issue is whether a fiscal court has the authority to enact an ordinance that governs the financial operations of an Office of County Clerk. The Kentucky County Clerks Association has filed a friend of the court brief (amicus curiae brief) 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.

Judge who presided in the case – Judge Thomas O. Castlen

Appellant attorneys: Jennifer Schultz and J. Wicker

Appellee attorneys: Stacey Blankenship and Jackie Matheny Jr. for appellant Jeffrey Jerrell and Rick Johnson for the Kentucky County Clerks Association

11 AM CST    

2012-CA-000228
TRUE GOSPEL CHURCH OF GOD IN CHRIST (OF HOPKINSVILLE KENTUCKY) v CHURCH OF GOD IN CHRIST (KENTUCKY FIRST JURISDICTION, INC.) ET AL.

Summary: Judge Taylor will preside. Civil, property dispute. At issue is whether the trial court erred by determining that legal action by appellant True Gospel Church of God in Christ was barred by res judicata (a legal issue that has already been judged). The Rev. Dwight L. Haygood Sr. is an appellee with Church of God in Christ. More than one appellant or appellee in a case is represented in the case name as et al., which means “and others.”

Christian County judge who presided in the case – Judge John L. Atkins

Appellant attorney: Kenneth Humphries

Appellee attorneys: Dwight Haygood Jr., Byron Leet and Anne MaClean

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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