Kentucky Court of Justice
Court of Appeals to hear arguments in appeals from KSP officers, Kentucky Enquirer on April 26 in Williamstown
FRANKFORT, Ky. -- The Kentucky Court of Appeals will convene Tuesday, April 26, in Williamstown to hear oral arguments from KSP officers in a civil case appeal and the Kentucky Enquirer, which is appealing a court ruling in a state Open Records Act case. Proceedings will begin at 1 p.m. EDT in the Circuit Courtroom on the second floor of the Grant County Judicial Center at 124 S. Main St. Proceedings are open to the public.
A three-judge panel comprised of Court of Appeals Judges Michelle M. Keller and James H. Lambert and Senior Judge Ann O’Malley Shake will hear the arguments.
TUESDAY, APRIL 26, 2011
1 PM 2009-CA-001738
GARY MARTIN v STEPHEN O’DANIEL
BOBBY MOTLEY (SGT.) v STEPHEN O’DANIEL
MIKE SAPP v STEPHEN O’DANIEL
Summary: Civil. Kentucky State Police Officers Martin, Motley and Sapp appeal from three orders entered by Franklin County Circuit Court denying their motions for summary judgment. The appellants argue that the trial court erred when it concluded they were not entitled to qualified official immunity from the malicious prosecution claims that the appellee brought against them.
Judge who presided in the case – Senior Judge Sheila Isaac
Appellants’ attorneys: William Johnson (for Martin); Charles Edward Johnson and Heidi B. Engel (for Motley); and Lyndol Scott Miller and Morgan Mary Sprague (for Sapp)
Appellee’s attorneys: Daniel Canon, Thomas Clay and Cynthia Cook
THE CINCINNATI ENQUIRER, A DIVISION OF GANNETT (SATELLITE INFO. NETWORK, INC. D/B/A THE KENTUCKY ENQUIRER) v CITY OF FORT THOMAS, KENTUCKY
Summary: Civil. This appeal questions Campbell County Circuit Court’s application of the Kentucky Open Records Act’s investigation exemption.
Campbell County judge who presided in the case – Judge Fred A. Stine
Appellant’s attorneys: Paul Alley, John Greiner and Lynda Mathews
Appellee’s attorney: Jeffrey Mando
COURT OF APPEALS PANEL
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.
Judge James H. Lambert
Judge James H. Lambert was elected as judge of the Kentucky Court of Appeals in November 2006 to serve Division 2 of the 3rd Appellate District.
Judge Lambert holds a bachelor’s degree from Eastern Kentucky University and a juris doctor from Northern Kentucky University Chase College of Law. After admission to the Kentucky Bar in 1976, he entered private practice with Lambert & Lambert of Mount Vernon. He was elected Rockcastle County attorney in November 1981 and served in that capacity for three terms. He returned to full-time private practice in 1994.
Judge Lambert also served as trial commissioner for the Rockcastle County District Court from 2002 to 2005 and as an administrative law judge for the Kentucky State Department of Corrections.
Judge Ann O’Malley Shake
Judge Ann O’Malley Shake is a senior judge assigned to the Court of Appeals.
Prior to joining the Senior Judges Program, Judge Shake served on the Jefferson County bench as a Circuit Court and District Court judge. She previously was an attorney in private practice. She also served as a social worker and a Head Start teacher.
Judge Shake earned her juris doctor from the University of Louisville Louis D. Brandeis School of Law, graduating in 1982.
She is a member of the Women Lawyers Association, the Kentucky Bar Association, the Louisville Bar Association Board of Directors, the American Bar Association, KATA and the Council on Peacemaking.
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.