Kentucky Court of Justice
Kentucky Court of Appeals to hear oral arguments Oct. 20 in Vanceburg
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in civil and criminal case appeals Tuesday, Oct. 20, at the Lewis County Justice Center in Vanceburg. The cases are on appeal from Bell, Harlan and Laurel counties. Proceedings are open to the public.
A three-judge panel consisting of Court of Appeals Judges Michelle M. Keller, Joy A. Moore and Jeff S. Taylor will hear oral arguments starting at 10:30 a.m. EDT in the Circuit Courtroom on the third floor of the justice center, which is located at 94 Second St.
A docket containing summaries of the cases is below.
Tuesday, Oct. 20, 2009
10:30 AM 2008CA000374
CUMBERLAND RIVER REG. MENTAL HLTH. MENTAL RETARDATION BD., INC. v.
Summary: Civil. The Cumberland River Regional Mental Health-Mental Retardation Board is appealing a jury verdict and judgment in favor of Sheliga. The board argues that there were errors regarding the admission and exclusion of evidence during trial, that the trial court submitted faulty instructions to the jury and that the court erred when it denied Cumberland River’s motions for summary judgment and a directed verdict. The original case involved conduct by Cumberland River’s employees that led to Sheliga being involuntary admitted to the mental ward at Appalachian Regional Hospital.
Laurel County judge who ruled in the case – Judge Roger L. Crittenden
Appellant’s attorney: James Ridings
Appellee’s attorney: Leroy Gilbert Jr.
11:15 AM 2008CA000089 and 2008CA000327
MICHAEL WAYNE ASHLEY v. COMMONWEALTH OF KENTUCKY
Summary: Criminal. Case appeal 2008-CA-000089 is about whether the trial court improperly admitted certain evidence at trial. Case appeal 2008-CA-000327 is about whether the trial court improperly excluded evidence at trial.
Harlan County judge who ruled in the case – Judge Russell D. Alred
Appellant’s attorneys: Otis Doan Jr. and David Johnson
Appellee’s attorneys: Henry Johnson and James Shackelford
1:45 PM 2008CA002285
APPALACHIAN REGIONAL HEALTHCARE, INC. v. RAY TYLER VANHUSS
Summary: Civil. Issues are whether the trial court erred by excluding evidence and whether damages awarded were excessive.
Bell County judge who ruled in the case – Judge James L. Bowling
Appellant’s attorneys: Winter Huff and John Prather Jr.
Appellee’s attorneys: Todd Willard, Bruce Batten II and Stephen O’Brien III
Judge Michelle M. Keller
Judge 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 Joy A. Moore
Judge Joy A. Moore was elected judge for the Kentucky Court of Appeals in November 2006 to serve Division 2 of the 6th Appellate District. 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.
Judge Moore served six years as chief law clerk for William O. Bertelsman, senior judge of the U.S. District Court for the Eastern District of Kentucky. She also served as staff attorney to Kentucky Court of Appeals Judges Daniel T. Guidugli and Robert W. Dyche III. As a practitioner, Judge Moore specialized in civil rights defense work in the litigation department of Adams, Stepner, Woltermann & Dusing PLLC in Covington and practiced general litigation law with Hoffman, Hoffman & Grubbs in Elsmere.
Judge Moore graduated magna cum laude from Morehead State University, where she also earned a master’s degree and a Rank I teaching certificate. After teaching special education for seven years in Grant and Pendleton county schools, Judge Moore earned her juris doctor from the Northern Kentucky University Salmon P. Chase College of Law. She ranked No. 1 in her law school class, graduated magna cum laude and was a member of the Northern Kentucky Law Review. She received numerous scholarships and awards for academic achievement, including the Chase Excellence Scholarship.
Judge Moore is a member of the Kentucky Bar Association, the Northern Kentucky Bar Association and the Salmon P. Chase Inn of Court. She serves on the St. Elizabeth Hospice Committee and the Executive Committee of Every Child Succeeds. She is a 2006 graduate of Leadership Northern Kentucky and serves on its Government Committee. She is a former member of Vision 2015, a 10-year strategic plan developed by Northern Kentucky citizens for economic growth, as well as the Kentucky Personnel Board, the Governor’s Postsecondary Education Nominating Commission and the board of the Boone County Court Appointed Special Advocates. She is a member of Florence Baptist Church, where she previously served on the Women’s Council.
Judge Moore grew up in Menifee County and resides in Boone County with her husband, Gary W. Moore. They have two children, Brandi Moore List and Scott Moore.
Judge Jeff S. Taylor
Jeff S. Taylor was first elected as a Court of Appeals judge in November 2003 to represent the 2nd Appellate District, which is comprised of Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union and Warren counties. He was re-elected in November 2006 to a full eight-year term.
Judge Taylor previously practiced law in Owensboro for more than 20 years and was a sole practitioner from 1990 until his election to the Court of Appeals.
He has a Bachelor of Science degree from Murray State University and a Master of Public Administration degree from Memphis State University. He earned his law degree from the University of Louisville Brandeis School of Law, graduating with honors in 1982. He is a 1971 graduate of Elizabethtown High School.
Judge Taylor serves on the Kentucky Bar Foundation Board of Directors. In September 2006, he accepted an appointment to serve a six-year term on the Murray State University Board of Regents. Judge Taylor also serves on the board of directors for the Daviess County Public Schools Foundation.
Judge Taylor is a past president of the Kentucky chapter of the Federal Bar Association. He is also past president of the Daviess County Bar Association, Daviess County Public Defender Corp. and the Daviess County Lawyer Referral Service. He is a member of the American, Kentucky and Daviess County bar associations. He is a Life Fellow in the Kentucky Bar Foundation and a member of the Brandeis Honor Society at the Brandeis School of Law.
Judge Taylor is a member of the Owensboro-Daviess County Chamber of Commerce, is past president of the Owensboro Kiwanis Club and serves on the Girls Inc. Board of Trustees. He is a former board member of the Owensboro-Daviess County Committee on Aging. He has been a frequent United Way volunteer and has been a volunteer for the Salvation Army and Boy Scouts Law Explorers.
Judge Taylor was born in Fort Knox and raised in Daviess County. He is married to the former Betty Keller. She has one son, and they have two grandchildren.
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 3,800 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.