FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in six cases between Thursday, April 24, and Friday, April 25, at the Kenton County Justice Center in Covington. The proceedings will be open to the public.
A three-judge panel consisting of Court of Appeals Judges Michael Caperton, Michelle M. Keller and Thomas B. Wine will hear arguments in one case Thursday and five cases Friday at the justice center, which is located at 230 Madison Ave. The panel will hear arguments beginning at 4 p.m. Thursday and at 10:15 a.m. Friday.
Summaries of the cases the panel will hear are below.
COVINGTON DOCKET
Thursday, April 24, 2008
4 PM 2007CA001075
ZOEY YOUNG v UNIVERSITY HOSPITAL OF THE ALBERT B. CHANDLER MED.
CTR. INC. ET AL.
Summary: Civil. In this medical negligence action, the Circuit Court dismissed defendant medical center on the basis of sovereign immunity. Appellant alleges the defendants were not entitled to said immunity protection.
Fayette County judge who ruled in the case – Judge Pamela R. Goodwine
Appellant’s attorneys: Liz J. Shepherd, Daniel Tysen Smith II and Tyler S. Thompson
Appellees’ attorneys: Steven G. Kinkel, Melanie S. Marrs and David Andrew Trevey
Friday, April 25, 2008
10:15 AM 2007CA000203
DOUGLAS FULTZ v COMMONWEALTH OF KENTUCKY
Summary: Criminal. The appellant is alleging six points of error in this appeal from a verdict of manslaughter in the second degree. They include juror tainting as well as sufficiency of the evidence.
McLean County judge who ruled in the case – Judge David H. Jernigan
Appellant’s attorneys: Julia K. Pearson and Kathleen K. Schmidt
Appellee’s attorneys: Jack Conway and Perry T. Ryan
11 AM 2007CA001353
S.M., A CHILD UNDER EIGHTEEN v COMMONWEALTH OF KENTUCKY
Summary: Discretionary review, criminal. Issues regarding juvenile offender.
Fayette County judge who ruled in the case – Judge David Hayse
Appellant’s attorneys: Gail Robinson and Kathleen K. Schmidt
Appellee’s attorneys: Jack Conway and Diane T. Minnifield
1:30 PM 2007CA000136
DAVID TIDWELL IV v COMMONWEALTH OF KENTUCKY
Summary: Criminal. Appeal from conviction for theft by unlawful taking over $300 and persistent felony offender II. Denial of motion for directed verdict, denial of lesser-included-offense instruction, violation of separation of witness order, denial of motion to suppress evidence seized pursuant to search warrant, denial of motion to suppress photographs and witness identification as unduly suggestive, impeachment of defense witness on collateral matter, and cumulative error.
Pike County judge who ruled in the case – Judge Eddy Coleman
Appellant’s attorneys: Samuel N. Potter and Kathleen K. Schmidt
Appellee’s attorneys: Michael L. Harned and Jason B. Moore
2:15 PM 2007CA000301 and 2007CA000368
GEORGE GLASS v NANCY GLASS
Summary: Civil. Appeal and cross appeal from dissolution judgment. Direct appeal: Classification of non-marital property, burden of proof to show that increase in value of non-marital property remains non-marital, and division of marital property. Cross appeal: Classification of a ring that replaced a gifted ring as marital, sufficiency of evidence of value of another ring used to offset ring, existence of agreement regarding disposition of rings.
Fayette County judge who ruled in the case – Judge Kimberly N. Bunnell
Appellant’s attorneys: Carl D. Devine and Micah Edward Salsman
Appellee’s attorney: Crystal L. Osborne
3 PM 2007CA001087
JAMES BROOKS ET AL. v GRAMS INC.
Summary: Civil. Appeal from summary judgment dismissing vicarious liability claim. Whether the spouse of an employee who is running a work-related errand for the employee has an agency relationship with employer. Existence of genuine issues of material fact.
Lincoln County judge who ruled in the case – Judge Jeffrey T. Burdette
Appellants’ attorney: James Hadden Dean
Appellee’s attorney: Angela Lou Greene
Judge Michael Caperton
Judge Michael Caperton was elected to the Kentucky Court of Appeals on Nov. 6, 2007, and represents Division 1 of the 3rd Appellate District.
The 3rd Appellate District is comprised of Adair, Bell, Casey, Clay, Clinton, Cumberland, Estill, Garrard, Green, Jackson, Knox, Laurel, Lee, Leslie, Lincoln, Marion, McCreary, Metcalfe, Monroe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne and Whitley counties.
Prior to his election to the Court of Appeals, Judge Caperton served for 14 years as a District Court judge for the 27th District, which consists of Knox and Laurel counties. He was elected district judge in 1994 and served until he was sworn in as Court of Appeals judge in December 2007.
Judge Caperton is a native of Laurel County, where he has resided most of his life. After graduating from Transylvania University in 1977, Judge Caperton earned a teaching certificate from Cumberland College in biology and chemistry. He received his juris doctor from the University of Kentucky College of Law in 1987.
Judge Caperton has two teenage daughters.
Judge Michelle M. Keller
Michelle M. Keller was elected to the Kentucky Court of Appeals in November 2006 to serve as judge for Division 1 of the 6th Appellate District. She also serves as the Court of Appeals representative on the Judicial Conduct Commission.
The 6th Appellate District is comprised of Bath, Boone, Bracken, Campbell, Carroll, Fleming, Gallatin, Grant, Harrison, Henry, Kenton, Lewis, Mason, Nicholas, Oldham, Owen, Pendleton, Robertson, Shelby, Spencer and Trimble counties.
Prior to her election, Judge Keller practiced with Arnzen, Wentz, Molloy, Laber & Storm PSC in Covington. Her extensive legal experience includes representing clients in the area of criminal defense and serving as an assistant county prosecutor. Her work in litigation includes family law, personal injury and medical-negligence defense. She is experienced in administrative law and served the Kentucky Personnel Board as a hearing officer. She now serves as a board chairwoman emeritus. She is a member of the National Association of Administrative Law Judges and has represented numerous clients before state regulatory and licensure boards. She is also an adjunct professor at Xavier University, where she teaches medical/legal research, writing and forensics.
Judge Keller has been a licensed registered nurse in Kentucky since 1982. While working as an RN in critical care, Judge Keller earned her bachelor’s degree in psychology in 1985 from Northern Kentucky University, where she received the Charlotte Schmidlapp Scholarship. Judge Keller attended the evening division of Northern Kentucky University Salmon P. Chase College of Law while working full time. She was an Interest on Lawyers’ Trust Accounts scholar during law school and received her juris doctor in 1990.
Judge Keller has served the Northern Kentucky Bar Association as chairwoman of the Women Lawyers Section and as a member of numerous committees. She represented the 16th Judicial Circuit on the Kentucky Bar Association’s former House of Delegates.
In addition to her professional service, Judge Keller has a strong commitment to public service. She is a former chairwoman and board member for the Diocesan Catholic Children’s Home. She is a founding and current member of the Northern Kentucky Children’s Advocacy Center Advisory Council and has served the interests of children in court as a guardian ad litem. Judge Keller also volunteers with the Women’s Crisis Center and her local church and is an academic team coach at her daughters’ school.
Judge Keller is a lifelong Kentuckian and the oldest of five children. She and her husband, Dr. James Keller, have two daughters, Brenna and Olivia.
Judge Thomas B. Wine
Thomas B. Wine was appointed to the Kentucky Court of Appeals in August 2006 to serve Division 1 of the 4th Appellate District, which consists of Jefferson County. He was subsequently elected to the Court of Appeals in November 2006.
Judge Wine was elected to the Circuit Court bench in November 1991 and re-elected in 1999. He served as chief judge of Jefferson Circuit Court in 2000 and 2001 and as president of the Louis D. Brandeis American Inns of Court in 2002 and 2003. He was in private practice from 1990 until he assumed the duties of circuit judge.
Before embarking on his judicial career, Judge Wine worked in the Office of the Commonwealth’s Attorney in Jefferson County from 1979 to 1984 and from 1988 to 1990. He worked in the Office of the Attorney General in Frankfort from 1984 to 1988.
Judge Wine was born in Louisville. He graduated from the University of Louisville with a bachelor’s degree in 1977 and a juris doctor in 1980.
He and his wife, Annie, have two children, Daniel Jacob and Matthew Joseph.
Kentucky Court of Appeals
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 about the state to hear cases.
The Administrative Office of the Courts in Frankfort supports the activities of 4,000 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.