Kentucky Court of Justice
Kentucky Court of Appeals to hear oral arguments Sept. 16 in Bowling Green
The Kentucky Court of Appeals will hear oral arguments in one civil case appeal and cross-appeal Thursday, Sept. 16, 2010, at the Warren County Justice Center in Bowling Green. The case is on appeal from the court in Bracken County. Proceedings will begin at 11 a.m. CDT in Circuit Courtroom C on the fourth floor of the justice center at 1001 Center St. Proceedings will be open to the public.
A three-judge panel comprised of Court of Appeals Judges Kelly Thompson, Laurance B. VanMeter and Thomas B. Wine will hear oral arguments in John Draper v. Commonwealth of Kentucky.
Thursday, Sept. 16, 2010
11 a.m. 2010ca000112 and 2010ca000185
JOHN DRAPER V. COMMONWEALTH OF KENTUCKY
Summary: Civil. Appeal and cross-appeal from dismissal of paternity claim brought by third party to marriage. Meaning of the term “cessation of marital relation” for purposes of determining standing of third party to seek paternity determination. Estoppel. Right to recoupment of child support paid pursuant to a void order.
Barren County judge who ruled in the case – Judge W. Mitchell Nance
Appellant's Attorney: Benjamin Rogers
Appellee Commonwealth of Kentucky’s Attorneys: Jeffery Sharp and Dennis Wilcutt
Appellee Shannon Heacock's Attorney: Joseph Hines
Judge Kelly Thompson
Judge Thompson was elected to the Kentucky Court of Appeals in November 2006. He represents Division 2 of the 2nd Appellate District, which is comprised of Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union and Warren counties.
Judge Thompson practiced law in Bowling Green from 1974 until his election in 2006. He was the chief public advocate for the 8th Judicial District from 1976 to 1999, and he twice served on the board of directors for the Bowling Green-Warren County Bar Association. He was chief trial counsel for the Kentucky Department of Highways in Hardin County from 1972 to 1973 and served as law clerk for the Kentucky Court of Appeals from 1973 to 1974.
Judge Thompson graduated from Western Kentucky University in 1968 with a bachelor’s degree and a teaching certificate. He earned his juris doctor from the University of Kentucky College of Law in 1972.
Judge Thompson has been admitted to practice before the U.S. Board of Claims and the U.S. Supreme Court. He has successful appellate experience in the 6th Circuit Court of Appeals, the Supreme Court of Kentucky and the Kentucky Court of Appeals. He is a recipient of the Kentucky Bar Association’s Donated Legal Services Recognition Award. He has been certified as a civil trial specialist by the National Board of Trial Advocacy, which is accredited by the American Bar Association to certify lawyers in civil, criminal and family law trial advocacy. Judge Thompson has also served as a board member for numerous civic organizations in Warren County.
Judge Thompson was born in 1948 and is a Warren County native. He is married to the former Victoria Golden. He has one daughter, Elizabeth, and three grandchildren.
Judge Laurance B. VanMeter
Judge VanMeter was elected to the Court of Appeals in November 2003 to serve Division 1 of the 5th Appellate District. He was re-elected to the Court of Appeals in November 2006. Judge VanMeter currently serves as Court of Appeals representative on the Ethics Committee of the Kentucky Judiciary.
He was born in 1958 and is a native of Winchester. He received his undergraduate degree in 1980 from Vanderbilt University and his law degree in 1983 from the University of Kentucky College of Law, where he was a member of the Order of the Coif and the Kentucky Law Journal.
Judge VanMeter practiced law with the Lexington firm of Stoll, Keenon & Park from 1983 to 1994. From 1994 to 1999, he served as district judge for Fayette County, Division 1 of the 22nd Judicial District. Judge VanMeter was appointed to the Fayette County Circuit Court Bench in 1999.
Judge VanMeter has been actively involved in a number of community organizations, including Little League Baseball, Boys' and Girls' Clubs of America, and Parents' Place.
Judge Thomas B. Wine
Judge 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. Judge Wine 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.
Before embarking on his judicial career, Judge Wine worked in the Commonwealth's Attorney Office 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. He was in private practice from 1990 until assuming the duties of circuit judge.
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 throughout the state to hear cases.
Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort supports the activities of approximately 3,400 court system employees and 403 elected 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.