Kentucky Court of Justice
Court of Appeals to hear arguments in cases from Boyle, Bullitt and Jefferson counties Aug. 23-24 in Louisville

FRANKFORT, Ky. -- The Kentucky Court of Appeals will convene Tuesday and Wednesday, Aug. 23-24, at the Jefferson County Judicial Center in Louisville to hear cases on appeal from Boyle, Bullitt and Jefferson counties. The appeals are from decisions in civil and criminal cases. Proceedings are open to the public and will take place in the Appellate Courtroom on the 10th floor of the judicial center at 700 W. Jefferson St.
 
A three-judge panel comprised of Court of Appeals Judges Michael Caperton, Sara Walter Combs and Kelly Thompson will hear oral arguments in the cases.

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.

LOUISVILLE DOCKET

TUESDAY, AUG. 23, 2011

2 PM    

2010-CA-001794 
KEVIN PRESCOTT v ALTON CANNON (ADMIN. DE BONIS NON ESTATE OF ROBERT V. DENK, DECEASED)

Summary: Civil. This appeal is from a foreclosure action in which the trial court found that a settlement agreement was binding and enforceable and that the appellant’s attorney had the authority to settle the case. The appellant, Kevin Prescott, sought to vacate the court’s judgment. He is appealing the court’s denial of his motion to vacate. Judge Combs will preside.
 
Bullitt County judge who presided in the case – Judge Rodney D. Burress

Appellant’s attorney: Soha Saiyed

Appellee’s attorney: James Dinwiddie

2:45 PM    

2009-CA-001868    
DEBBIE ELLEN REHM ET AL. v FORD MOTOR COMPANY ET AL. 

2009-CA-001974 (CROSS-APPEAL)
FORD MOTOR COMPANY v DEBBIE ELLEN REHM (EXECUTRIX OF THE ESTATE OF JAMES DAVID REHM)

Summary: Civil. At issue in this appeal are several evidentiary rulings involving medical and other expert opinions. The lawsuit was a liability action alleging that Ford Motor Co. negligently installed and maintained asbestos in a plant, resulting in the death of appellant Debbie Ellen Rehm’s decedent. The decedent suffered extensive exposure during demolition of the plant. Judge Combs will preside. To see all of the parties in this appeal, input the case numbers on the Court of Appeals cases page – Court of Appeals cases.)

Jefferson County judge who presided in the case – Judge A. C. McKay Chauvin

Attorneys representing Debbie Ellen Rehm et al.: Paul Ivie, Paul Kelley, Kenneth Sales and Joseph Satterley

Attorneys representing Ford Motor Co.: Byron Miller and Adam Shadburne

Attorneys representing Garlock Sealing Technologies: John Gordinier and Berlin Tsai

3:30 PM     2010-CA-000344
                    KEVIN LAMONT SIMMS v COMMONWEALTH OF KENTUCKY

Summary: Criminal. The appellant seeks to reverse the trial court’s order that denied his motion to withdraw his waiver of jury sentencing. Case of first impression. Judge Combs will preside.
 
Jefferson County judge who presided in the case – Judge Charles L. Cunningham Jr.

Appellant’s attorneys: Daniel Goyette and J. Niehaus

Appellee’s attorney: Michael Marsch

WEDNESDAY, AUG. 24, 2011

9:30 AM    

2010-CA-001830
CHRIS FELL (AS FATHER AND NEXT FRIEND OF L.F.) ET AL. v JEFFERSON COUNTY BOARD OF EDUCATION ET AL.

Summary: Civil. Chris Fell and eight other appellants are appealing a court decision that denied their request to enroll their children in the public school near their homes. The appellants say that the Jefferson County Board of Education requires their children to attend a public school 14 miles away when there are public schools closer to their homes. Judge Thompson will preside. To see all of the parties in this appeal, input the case numbers on the Court of Appeals cases page – Court of Appeals cases.)
 
Jefferson County judge who presided in the case – Judge Irv Maze

Appellants’ attorneys: Teddy Gordon, Sheila Hiestand, J. Miller and Norma Miller

Appellees’ attorneys: Lisa Dejaco, Byron Leet and Francis Mellen Jr.

10:45 AM     2010-CA-001878
                      STEVEN HALL v COMMONWEALTH OF KENTUCKY

Summary: Criminal. Appellant Steven Hall appeals his conviction of second-degree manslaughter and challenges the trial court’s decision to deny expert testimony and evidence of feelings. He also complains of the court’s allowance of lay witnesses to testify as to his mental state. Judge Thompson will preside.
 
Boyle County judge who presided in the case – Judge Darren W. Peckler

Appellant’s attorneys: Steven Romines and Gregory Simms

Appellee’s attorney: James Lawson

11:30 AM    

2010-CA-001608
KINDRED HOSPITALS LIMITED PARTNERSHIP (D/B/A KINDRED HOPITALS LOUISVILLE)  ET AL. v SHERON SMITH (AS EXECUTRIX OF THE ESTATE OF WILLIAM RHODES, DECEASED) ET AL.

Summary: Civil. This appeal involves a motion to compel arbitration. Judge Caperton will preside. To see all of the parties in this appeal, input the case numbers on the Court of Appeals cases page – Court of Appeals cases.)
 
Jefferson County judge who presided in the case – Judge Charles L. Cunningham Jr.

Appellants’ attorneys: J. Cassidy Jr., Paul Dzenitis, Donald Miller II and Justin Rost

Appellees’ attorneys: Richard Circeo, Brian Reddick and Deborah Riordan

 ###

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.