Kentucky Court of Justice
Court of Appeals to hear arguments in cases from Fayette, Franklin, Kenton and Powell counties July 19-20 in Frankfort
FRANKFORT, Ky. -- The Kentucky Court of Appeals will convene Tuesday and Wednesday, July 19-20, in Frankfort to hear cases on appeal from Fayette, Franklin, Kenton and Powell counties. Proceedings will begin at 1 p.m. EDT Tuesday and 10 a.m. EDT Wednesday in the Court of Appeals Courtroom at 360 Democrat Drive. 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 Michael Caperton and Denise G. Clayton will hear oral arguments in the cases.
FRANKFORT DOCKET
TUESDAY, JULY 19, 2011
1 PM 2010-CA-001268
MICHAEL CLAYPOOL v ANTHONY BROCK ET AL.
Summary: Civil. At issue is whether the Circuit Court erred in granting a partial summary judgment in favor of the appellee and thereby dismissing the appellant’s claims of fraud, negligent misrepresentation and breach of contract.
Kenton County judge who presided in the case – Judge Martin J. Sheehan
Appellant’s attorney: Charles Schaffner
Appellees’ attorneys: Angela Greene for Anthony Brock, Gary Sergent for Eibeck Realty Group and Terry Eibeck and Jason Kuhlman for Paula Kuehne
1:45 PM 2010-CA-001673
COMMONWEALTH OF KENTUCKY v RORY SNOWDEN
Summary: Criminal. At issue is whether the Circuit Court erred by granting Snowden’s motion to suppress certain evidence.
Fayette County judge who presided in the case – Judge Ernesto Scorsone
Appellant’s attorney: Anthony Gray
Appellee’s attorney: Derek Gordon
2:30 PM
2010-CA-001597 CITIZENS FOR ALTERNATIVE WATER SOLUTIONS v
KENTUCKY PUBLIC SERVICE COMMISSION ET AL.
Summary: Civil. At issue is whether the Circuit Court erred in affirming a KPSC order. The order denied CAWS’ petition for a rehearing on an order that granted Kentucky American Water Co.’s application for a certificate of need to construct a water treatment plant.
Franklin County judge who presided in the case – Judge Phillip Shepherd
To see all of the parties in this appeal and the attorneys representing the parties, input the case numbers on the Court of Appeals cases page – Court of Appeals cases.)
3:15 PM 2010-CA-001770
TIMOTHY M. SMITH v KIM WOLFE
Summary: Civil. At issue is whether the Circuit Court erred by granting appellee Kim Wolfe’s motion for summary judgment and thereby dismissing appellant Timothy M. Smith’s claim under KRS 367.826.
Kenton County judge who presided in the case – Judge Martin J. Sheehan
Appellant’s attorneys: Dana Deering and Justin Whittaker
Appellee’s attorneys: Mark Arnzen and Mary Molloy
WEDNESDAY, JULY 20, 2011
10 AM
2010-CA-001244 FULLMER A. MENDEZ v
UNIVERSITY OF KENTUCKY BOARD OF TRUSTEES ET AL.
2010-CA-001311 (Cross-appeal)
UNIVERSITY OF KENTUCKY BOARD OF TRUSTEES ET AL. v
FULLMER A. MENDEZ
Summary: Civil. This is an appeal of the summary judgment that was granted on dismissal of wrongful discharge based on public policy argument and erroneous jury instructions in a religious discrimination mixed-motive case.
Fayette County judge who presided in the case – Judge Ernesto Scorsone
Appellant’s attorney: William Jacobs
Appellees’ attorney: Barbara Kriz
10:45 AM
2010-CA-001429
DUSTIN JERAULD BY AND THROUGH HIS GUARDIAN PATRICIA A. ROBINSON v MARK KROGER ET AL.
Summary: Civil. At issue is whether the Circuit Court erred in granting summary judgment, ruling that the relevant acts were ministerial and therefore entitled to immunity.
Kenton County judge who presided in the case – Judge Patricia M. Summe
Appellant’s attorneys: Glenn Cohen, Cynthia Effinger and Paul Hershberg
Appellees’ attorneys: Bradley Case and Jeremy Rogers for Mark Kroger; Jennifer Langen and Mary Stewart for Ramona Parker and Pamela Sams
11:30 AM
2009-CA-002190 RALPH WAYNE ADAMS ET AL. v BARY SHARP ET. AL.
2009-CA-002283
COMMONWEALTH OF KENTUCKY (ENERGY AND ENVIRONMENT CABINET) v BARRY SHARP ET AL.
2009-CA-002325 (Cross-appeal)
BARRY SHARP ET AL. v SMITH & HANCOCK FARMS LLC ET AL.
2009-CA-002326 (Cross-appeal)
BARRY SHARP ET AL. v COMMONWEALTH OF KENTUCKY (ENERGY AND ENVIRONMENT CABINET)
Summary: Civil. Administrative case. Several farmers are appealing the Circuit Court’s judgment denying their request to reverse an SEC decision to uphold permits issued to farmers for animal feeding operations.
Franklin County judge who presided in the case – Judge Phillip Shepherd
To see all of the parties in this appeal and the attorneys representing the parties, input the case numbers on the Court of Appeals cases page – Court of Appeals cases.) Some of the organizations listed have filed friend of the court briefs (an amicus curiae brief) and are not parties in the appeal.
1:30 PM 2010-CA-000607
FLOYD GROVER JOHNSON v COMMONWEALTH OF KENTUCKY
Summary: Criminal. At issue is whether the state Office of Attorney General has the authority to investigate drug offenses in conjunction with Operation UNITE officers when local law enforcement officers are not involved.
Powell County judge who presided in the case – Judge Frank A. Fletcher
Appellant’s attorneys: Emily Rhorer and Kathleen Schmidt
Appellee’s attorney: James Shackelford
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 Michael Caperton
Judge Michael Caperton was elected to the Kentucky Court of Appeals on Nov. 6, 2007, and represents Division 1 of the 3rd Appellate District. The 3rd Appellate District is comprised of Adair, Bell, Casey, Clay, Clinton, Cumberland, Estill, Garrard, Green, Jackson, Knox, Laurel, Lee, Leslie, Lincoln, Marion, McCreary, Metcalfe, Monroe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne and Whitley counties.
Prior to his election to the Court of Appeals, Judge Caperton served 14 years as a District Court judge for the 27th Judicial District, which consists of Knox and Laurel counties. He was elected district judge in 1994 and served until he was sworn in as Court of Appeals judge in December 2007.
Judge Caperton is a native of Laurel County, where he has resided most of his life. After graduating from Transylvania University in 1977, Judge Caperton earned a teaching certificate from Cumberland College in biology and chemistry. He received his juris doctor from the University of Kentucky College of Law in 1987.
Judge Denise G. Clayton
Judge Denise G. Clayton became the first black woman appointed to the Kentucky Court of Appeals in October 2007. She represents Division 2 of the 4th Appellate District, which consists of Jefferson County.
Prior to her appointment to the Court of Appeals, Judge Clayton was chief circuit judge for Jefferson County, where she had been a circuit judge for nearly seven years. She was the first black woman to be a Kentucky Circuit Court judge. She was also chief regional circuit judge for the Metro Region for several months before she was appointed to the Court of Appeals. Judge Clayton also previously served in Jefferson County as a judge for District Court, Family Court and Drug Court.
Judge Clayton began her legal career as an attorney with the Internal Revenue Service. She spent nine years in private practice and was the Legal Aid Society of Louisville’s associate director before becoming a Jefferson County District Court judge in 1996.
Judge Clayton graduated cum laude with a bachelor’s degree from Defiance College in Defiance, Ohio. She earned her juris doctor degree from the University of Louisville Brandeis School of Law.
She is the chairwoman for the Commission on Racial Fairness for Jefferson County’s courts and is a member of the Louisville Bar Association, Louisville Black Lawyers Association, Women Lawyers Association and Focus Louisville. She is also on the board of directors for the Coalition for the Homeless, Plymouth Community Renewal Center, Summerbridge, and Norton Hospital Foundation.
Among her awards, Judge Clayton has received the Public Advocate Award from the state’s Department of Public Advocacy, the Distinguished Alumna Award from the Brandeis School of Law, the Alumni Achievement Award from Defiance College, the Community Service Award from the Optimist Club of Louisville, and the Champion for Children Award from Shawnee High School in Louisville.
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.