Kentucky Court of Justice
Court of Appeals to hear arguments in Jefferson County case appeals Aug. 4 in Taylorsville
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in a criminal case appeal and a civil case appeal from Jefferson County when it convenes Wednesday, Aug. 4, at the Spencer County Courthouse in Taylorsville. Proceedings will begin at 1:30 p.m. EDT in the courtroom on the second floor of the courthouse, which is located at 2 W. Main St. Proceedings will be open to the public.
A three-judge panel comprised of Court of Appeals Judges Sara Walter Combs, Michelle M. Keller and James H. Lambert will hear oral arguments in the criminal case appeal, David Scott Chism v. Commonwealth of Kentucky, and the civil case appeal, Cadleway Properties, Inc. v. Bayview Loan Servicing, LLC.
A docket containing summaries of the cases is below.
Wednesday, Aug. 4, 2010
1:30 PM 2009CA000589
DAVID SCOTT CHISM v. COMMONWEALTH OF KENTUCKY
Summary: Criminal. The appellant, Chism, appeals the trial court’s denial of his RCr 11.42 motion. In that motion, he argued that counsel failed to investigate and present evidence of his extreme emotional distress, failed to challenge his competency and failed to advise him that, if he stood trial, a jury might convict him of a lesser included offense.
Jefferson County judge who ruled in the case – Judge Irv Maze
Appellant’s attorney: C. Fred Partin
Appellee’s attorney: David Abner
2:15 PM 2009CA001428
CADLEWAY PROPERTIES, INC. v. BAYVIEW LOAN SERVICING, LLC.
Summary: Civil. At issue is whether Cadleway Properties or Bayview Loan Servicing had the superior mortgage on a parcel of real property.
Jefferson County judge who ruled in the case – Judge Charles L. Cunningham
Appellant’s attorneys: William Messer and Mason Miller
Appellee’s attorneys: Christopher Hill, Chadwick McTighe, T. Ward Jr., Russell Cherry and F. Fore
Judge Sara Walter Combs
Sara Walter Combs was the first woman and the first judge from the Eastern Kentucky counties of the 7th Appellate District to serve as chief judge of the Kentucky Court of Appeals. She served in that role from June 2004 until May 2010.
Judge Combs also made history by being the first woman to serve on the Supreme Court of Kentucky when then Gov. Brereton Jones appointed her to serve on the state’s highest court in l993. After she narrowly lost her election to retain that seat on the Supreme Court, Gov. Jones appointed her to fill a vacancy on the Court of Appeals in 1994. She was elected to the court in November 1994 and re-elected in 2000 and again in 2006.
The Kentucky Bar Association named Judge Combs as Outstanding Judge of the Year in June 2010.
Judge Combs ranked second in her class at the University of Louisville Brandeis School of Law, which later honored her with a Distinguished Alumni Award. She was valedictorian at both Sacred Heart Academy in Louisville and U of L, where she obtained an undergraduate degree in French. She also earned her master’s degree in French from U of L, having been recognized as a Woodrow Wilson Designate.
Judge Combs has taught at the high school and university levels in addition to gaining broad experience in the practice of law. She began her career as an associate with Wyatt, Tarrant & Combs in Louisville before serving as corporate counsel to an advertising company. She also practiced law with her late husband, former Kentucky Gov. Bert T. Combs; established a solo practice in Stanton; and became a regional associate with the Louisville law firm of Mapother & Mapother.
She is affiliated with numerous professional, educational and civic organizations. She is a member of the Kentucky Bar Association, the Louisville Bar Association and the University Press of Kentucky. She also serves on the boards of Pikeville College and Lees College. She previously served for seven years on the Kentucky Appalachian Commission.
Judge Combs currently resides at Fern Hill in Stanton, the farm she shared with her late husband, Gov. Bert T. Combs.
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. She and her husband, Dr. James Keller, have two daughters, Brenna and Olivia.
Judge James H. Lambert
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 Lambert resides near Mount Vernon with his wife, Brenda. His daughter, Lora Lambert Boyd, also lives in Rockcastle County.
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 supports the activities of approximately 3,400 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.