Kentucky Court of Justice
Court of Appeals to hear arguments in cases from Fayette, Floyd, Madison and Pike counties Aug. 10-11 in Frankfort
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear cases on appeal from Fayette, Floyd, Madison and Pike counties when it convenes Wednesday and Thursday, Aug. 10-11, in Frankfort. Proceedings will begin at 10 a.m. EDT each day 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 Judges Denise G. Clayton, Michelle M. Keller and Joy A. Moore will hear oral arguments Wednesday in a civil case on appeal from Floyd County and a criminal case on appeal from Pike County. A three-judge panel comprised of Court of Appeals Judges Glenn E. Acree and Thomas B. Wine and Senior Judge Joseph E. Lambert will hear oral arguments Thursday in a civil case on appeal from Fayette County and a criminal case from Madison County.
FRANKFORT DOCKET
WEDNESDAY, AUG. 10, 2011
10 AM 2010-CA-000838
DENVER L. STEWART III v COMMONWEALTH OF KENTUCKY
Summary: Criminal. This is an appeal from a denial of RCr 11.42 and Cr 60.02 motions. At issue in the appeal is whether the appellant received ineffective assistance of counsel that included him being advised to enter a guilty plea on charges that violated the double jeopardy clause. Also at issue is his counsel’s alleged failure to make an adequate record.
Judge who presided in the case – Judge Charles E. Lowe
Appellant’s attorneys: Linda Bullock and Kathleen Schmidt
Appellee’s attorney: James Shackelford
10:45 AM 2010-CA-001207
GARY MCCOY AS EXECUTOR OF THE ESTATE OF MARY ALICE MCCOY v
RITA ROSEMARY MCCOY ARMSTRONG ET AL.
Summary: Civil. This is an appeal of the summary judgment and the judgment on the pleadings. The case involves allegations of breach of fiduciary duties of a power of attorney and for an accounting of assets. Issues include whether fraud was properly pleaded and whether there was sufficient evidence of fraud to defeat summary judgment.
Floyd County judge who presided in the case – Judge John David Caudill
Appellant’s attorneys: C. Hectus and Jerry Patton
Appellees’ attorney: Larry Brown
THURSDAY, AUG. 11, 2011
10 AM 2010-CA-001647
MARK STINSON v COMMONWEALTH OF KENTUCKY
Summary: Criminal. This is an appeal from a conditional guilty plea to first-degree sexual abuse. At issue is whether KRS 510.110(1)(d) and 532.045 are unconstitutionally vague and overbroad in their definitions of the terms “position of authority” or “position of special trust.” Also at issue is whether consent is a defense to a violation of KRS 510.110(1)(d).
Madison County judge who presided in the case – Judge Jean C. Logue
Appellant’s attorney: Matthew Malone
Appellee’s attorney: Heather Fryman
10:45 AM
2010-CA-001086
COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION CABINET (DEPARTMENT OF REVENUE)
v SAINT JOSEPH HEALTH SYSTEM, INC., ET AL.
2010-CA-001159 (CROSS-APPEAL)
SAINT JOSEPH HEALTH SYSTEM, INC. v BOARD OF EDUCATION OF FAYETTE COUNTY ET AL.
2010-CA-001181 (CROSS-APPEAL)
BOARD OF EDUCATION OF FAYETTE COUNTY v COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION CABINET (DEPARTMENT OF REVENUE) ET AL.
Summary: Civil. At issue is whether the trial court erred in holding that Constellation New Energy, Gas Division, was not a utility for the purposes of determining responsibility for school tax payments (KRS Chapter 160) on its receipts from sales of natural gas to Saint Joseph. Also at issue is whether the trial court erred in finding that Saint Joseph was not required to exhaust available administrative remedies prior to filing suit. On cross-appeal, the Fayette County Board of Education also challenges the trial court’s rulings that Constellation is not a utility and is exempt from paying the school tax. In a separate cross-appeal, Saint Joseph contends that the trial court erred in holding that it was not constitutionally exempt from the utility tax as a public charity.
Fayette County judge who presided in the case – Judge Ernesto Scorsone
Attorney representing the Commonwealth of Kentucky, Finance and Administration Cabinet: Bethany Rice
Attorneys representing Saint Joseph Health System: Jay Ingle, Elizabeth Nicholas and Jeffrey Yost
Attorney representing the Fayette County Board of Education: Kara Marino
Attorneys representing Constellation New Energy, Gas Division: Roger Crittenden and Erica Horn
COURT OF APPEALS PANELS
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.
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 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 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.
Judge Glenn E. Acree
Judge Glenn E. Acree was elected judge for the Kentucky Court of Appeals in November 2006 to serve Division 2 of the 5th Appellate District. He was appointed to that position in August 2006 to fill a vacancy created when Judge Julia K. Tackett retired June 30, 2006.
The 5th Appellate District is comprised of Anderson, Bourbon, Boyle, Clark, Fayette, Franklin, Jessamine, Madison, Mercer, Scott and Woodford counties.
Judge Acree resides in Lexington, where he has had a solo practice since 1997. Prior to 1997, he practiced law with Stidham & Acree from 1996 to 1997; with Thomas, Stidham & Acree from 1994 to 1996; and with McBrayer, McGinnis, Leslie & Kirkland from 1985 to 1994.
Before his appointment to the Court of Appeals, Judge Acree handled litigation and appeals in the areas of criminal law, administrative law, employment discrimination, civil procedure, insurance law, domestic relations, environmental law and construction law.
Judge Acree has a bachelor’s degree and juris doctor from the University of Kentucky. He also earned a master’s degree from the University of Maryland.
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.
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.
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.