Kentucky Court of Justice
Court of Appeals to hear Campbell County criminal case and Johnson County civil case Feb. 7 in Frankfort
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear a Campbell County criminal case and a Johnson County civil case on appeal when it convenes Tuesday, Feb. 7, in Frankfort. Proceedings are open to the public and will begin at 1 p.m. EST in the Court of Appeals Courtroom at 360 Democrat Drive.
A three-judge panel comprised of Court of Appeals Judges Michael Caperton and Kelly Thompson and Senior Judge Joseph E. Lambert will hear oral arguments in the cases. Judge Lambert will preside.
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.
To see more information on a case, such as the Court of Appeals step sheet for the case, input the case number on the Court of Appeals cases page.
TUESDAY, FEB. 7, 2012
BRIAN LEMONS v COMMONWEALTH OF KENTUCKY
Summary: Criminal. This is an appeal of a conditional plea to second-degree manslaughter and assault under extreme emotional disturbance. At issue is the court’s denial of a motion to dismiss the indictment under the self-defense immunity provision of KRS 503.085. Also at issue are the sufficiency of evidence to support the finding of probable cause as well as the timeliness of the motion and the applicable standard of review.
Campbell County judge who presided in the case –Judge Fred A. Stine
Appellant’s attorneys: Susan Balliet and Kathleen Schmidt
Appellee’s attorneys: Jack Conway and Jason Moore
U.S. NATIONAL BANK ASSOCIATION, AS SUCCESSOR IN INTEREST (TO WACHOVIA CUSTODIAN FOR SASS MUNI V DTR) v AMERICAN GENERAL HOME EQUITY, INC. ET AL.
TAX EASE LIEN INVESTMENTS 1, LLC v AMERICAN GENERAL HOME EQUITY, INC. ET AL.
Summary: Civil. Consolidated appeals. The appeal involves a foreclosure sale and distribution of proceeds to pay ad valorem tax liens. At issue is whether the amount of a credit bid in a foreclosure sale can be considered part of the sale proceeds. Also at issue is the liability of a foreclosing mortgage company for payment of credit bid amounts for senior tax liens.
Johnson County judge who presided in the case – Judge John David Preston
Attorneys representing U.S. National Bank Association and Tax Ease Lien Investments 1: Matthew Bliss and Virginia Lawson
Attorneys representing: American General Home Equity: M. Mattmiller
Attorneys representing the other parties (listed as et al. in the case names): Jeffrey Baldwin for the city of Paintsville and Michael Endicott for Johnson County
Tammy Childers and John Childers are also listed as et al. in the case names. They are representing themselves.
Senior Judge Joseph E. Lambert
Judge Joseph E. Lambert is a senior judge assigned to the Court of Appeals and is chief judge of Kentucky’s Senior Judges Program. He became a senior judge after retiring June 27, 2008, as chief justice of the Supreme Court of Kentucky.
Judge Lambert served 22 years as a Supreme Court justice and 10 years as chief justice. He was first elected to the Supreme Court in 1986 from the 27 southeastern Kentucky counties of the 3rd Supreme Court District. He was subsequently re-elected in 1994 and 2002. He became Kentucky’s fourth chief justice in October 1998 by a vote of his fellow justices and was re-elected to two additional four-year terms as chief justice in 2002 and in 2006.
During Judge Lambert’s 10-year tenure as chief justice, the Kentucky Court of Justice made great strides in Family Court, judicial facilities, court technology, Drug Court, judicial education, pretrial services and diversity awareness. In the last decade, Kentucky has earned a national reputation for Family Court, court facilities improvement, Drug Court and many other cutting-edge initiatives.
As a justice of the Supreme Court, Judge Lambert authored more than 400 published opinions of the Court and scores of dissenting and concurring opinions. In addition, he authored more than 500 memorandum opinions. He has been a frequent lecturer at bar conferences and has authored articles for publication in scholarly journals and the Kentucky Bar Association’s Bench and Bar magazine. He has also participated in numerous national legal education events as an invited speaker or panelist. As chief justice, he was an active member of the national Conference of Chief Justices and was elected to serve on its board of directors.
In 2000, the Kentucky Bar Association named him Outstanding Judge of Kentucky. He is a former board member of the Conference of Chief Justices and a former regent of Eastern Kentucky University. He serves as board chair of the Kentucky Judicial Form Retirement Plan.
The Kentucky Department of Public Advocacy gave Judge Lambert its Public Service Award in 2006. In 2004, he received the Civil Rights Award from both the Northern Kentucky NAACP and the Lexington NAACP for his commitment to eliminating discrimination. In 2003, he was awarded the Kentucky Bar Association President’s Special Service Award. He was given the Kentucky Public Advocate Award in 2001. In 2000, the National Association of Drug Court Professionals gave him its Leadership Award.
In October 2007, U.S. Chief Justice John G. Roberts Jr. appointed Chief Justice Lambert to membership on the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States.
He holds a bachelor’s degree from Georgetown (Ky.) College and a juris doctor from the University of Louisville Brandeis School of Law, which gave him its Distinguished Alumni Award. He has received honorary doctor of laws degrees from Georgetown College, Eastern Kentucky University and Northern Kentucky University Chase College of Law.
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.