Kentucky Court of Justice
Court of Appeals to hear Bullitt County civil case and Jefferson County criminal case Nov. 7 in Lexington

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear appeals in a Bullitt County civil case and a Jefferson County criminal case when it convenes Monday, Nov. 7, in Lexington. Proceedings are open to the public and will take place in Courtroom I on the fourth floor of the Robert F. Stephens Circuit Courthouse. The courthouse is located at 120 N. Limestone St.

A three-judge panel comprised of Court of Appeals Judges Michelle M. Keller, Janet L. Stumbo and Laurance B. VanMeter will hear oral arguments in the cases at 10:45 a.m. and 11:30 a.m. EST. Judge Keller will preside in Phyllis M. Spalding et al. v Gary R. Myers et al., the civil case from Bullitt County, and Judge VanMeter will preside in Commonwealth of Kentucky v Charlotte M. Jones, the criminal case from Jefferson County.

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.

LEXINGTON DOCKET

MONDAY, NOV. 7, 2011

10:45 AM     2009-CA-001070
                      PHYLLIS M. SPALDING ET AL. v GARY R. MYERS ET AL.

Summary: Civil. The appellants, Phyllis M. Spalding et al., argue that the Circuit Court made errors in the bench trial for this case. She argues that the court erroneously ordered specific performance of an option to purchase real property, erroneously granted appellees Gary R. Myers et al. a credit on a stock purchase agreement and erroneously ordered payment of attorney fees. Judge Keller will preside.

Bullitt County judge who presided in the case – Judge Rodney D. Burress

Appellants’ attorney: John Wooldridge

Appellees’ attorneys: Edward Busch and Richard Sullivan

11:30 AM     2010-CA-002324
                      COMMONWEALTH OF KENTUCKY v CHARLOTTE M. JONES

Summary: Criminal. At issue is whether a voided felony conviction under KRS 218A.275 may be expunged under KRS 431.076. Judge VanMeter will preside.

Jefferson County judge who presided in the case – Judge Mary M. Shaw

Appellant’s attorneys: Jack Conway and Samuel Floyd Jr.

Appellee’s attorney: Jeffrey Skora

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.