Kentucky Court of Justice
Court of Appeals to hear arguments in Jefferson civil cases, Bullitt criminal case April 20 in Louisville
FRANKFORT, Ky. -- The Kentucky Court of Appeals will convene Wednesday, April 20, in Louisville to hear oral arguments in three civil cases on appeal from Jefferson County and a criminal case on appeal from Bullitt County. Proceedings will begin at 11 a.m. EDT in the 10th floor Appellate Courtroom of the Jefferson County Judicial Center, 700 W. Jefferson St. Proceedings are open to the public.
A three-judge panel comprised of Court of Appeals Chief Judge Jeff S. Taylor and Court of Appeals Judges Joy A. Moore and Thomas B. Wine will hear the arguments.
LOUISVILLE DOCKET
WEDNESDAY, APRIL 20, 2011
11 AM 2010-CA-000896
JO ANN M. GRIMES v KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION
ET AL.
Summary: Civil. The appellant is appealing the insurance commission’s refusal to take action on her motion to reconsider. At issue is whether an appeal can lie from a refusal to take action.
Jefferson County judge who presided in the case – Judge Mary M. Shaw
Appellant’s attorney: Kenneth Henry
Appellees’ attorney: Amy Howard
1:30 PM 2009-CA-002364
PARKER W. EADS v MAUREEN FOLAN EADS
Summary: Civil. At issue is whether the Circuit Court erred by denying the appellant’s motion to modify maintenance.
Jefferson County judge who presided in the case – Judge Donna L. Delahanty
Appellant’s attorney: J. Lloyd
Appellee’s attorney: Scott Powell
2:15 PM 2010-CA-000267 and 2010-CA-000299
JP WHITE, LLC v POE COMPANIES, LLC
Summary: Civil. At issue in 2010-CA-000267 is whether the Circuit Court erred by granting a directed verdict that dismissed the appellant’s claims of breach of contract, quantum meruit and unjust enrichment. Poe Companies cross-appeals in 2010-CA-000299. At issue in the cross-appeal is whether the Circuit Court erred by denying the cross-appellant’s motion for attorney fees and costs.
Jefferson County judge who presided in the case – Judge Mitch Perry
Appellant’s attorneys: Kyle Citrynell, Laura Landenwich and Bill Seiller
Appellee’s attorneys: John Dyche and R. Hovious
3 PM 2010-CA-000675
CARLOS GILESTRA v COMMONWEALTH OF KENTUCKY
Summary: Criminal. At issue is whether the Circuit Court erred by denying the appellant’s motion for a directed verdict and by allowing the commonwealth to introduce evidence of a prior conviction.
Bullitt County judge who presided in the case – Judge Rodney D. Burress
Appellant’s attorney: John Wooldridge
Appellee’s attorney: John Varo
COURT OF APPEALS PANEL
Chief Judge Jeff S. Taylor
Judge Taylor is chief judge of the Kentucky Court of Appeals. He assumed the role in July 2010 after his colleagues on the court elected him to the position. The chief judge provides administrative oversight to the Court of Appeals.
Judge 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.
He 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.
Judge Taylor 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 Louis D. Brandeis School of Law, graduating with honors in 1982. He is a 1971 graduate of Elizabethtown High School.
He serves on the Kentucky Bar Foundation Board of Directors and on the board of directors for the Daviess County Public Schools Foundation. He served on the Murray State University Board of Regents from September 2006 to September 2009.
He 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.
Judge Taylor is a Life Fellow in the Kentucky Bar Foundation and a member of the Brandeis Honor Society at the University of Louisville Louis D. 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.
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 Thomas B. Wine
Judge 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 throughout the state to hear cases.
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.