Kentucky Court of Justice
Kentucky Court of Appeals will hear oral arguments Sept. 8 in Shelbyville
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four cases Monday, Sept. 8, at the Shelby County Courthouse in Shelbyville. Proceedings will be open to the public.
A three-judge panel consisting of Court of Appeals Judges Joy A. Moore and Kelly Thompson and Senior Judge Michael L. Henry will hear oral arguments starting at 11 a.m. at the courthouse, which is located at 501 Main St. The cases are on appeal from circuit courts in Breckinridge, Jefferson, Oldham and Spencer counties.
A case docket containing summaries of the cases is below.
Monday, Sept. 8, 2008
11 AM 2007CA001060
ARTURO PROTALES, D.O. v. KENTUCKY BOARD OF MEDICAL LICENSURE
Summary: Civil. Appellant argues that revocation of license to practice medicine is barred by res judicata. Appellant’s license to practice medicine was revoked for prescribing medication via the Internet.
Jefferson County judge who ruled in the case – Judith E. McDonald-Burkman
Appellant’s attorneys: Anne Elizabeth Cook, Lisa English Hinkle and Alejandro Portales
Appellee’s attorney: C. Lloyd Vest II
1:15 PM 2007CA001475
CHARLES WILLIAMS v. COMMONWEALTH OF KENTUCKY
Summary: Criminal. Appellant argues that waiving federal constitutional rights does constitute waiving of state constitutional rights.
Breckinridge County judge who ruled in the case – Bruce T. Butler
Appellant’s attorneys: Patrick J. Renn and Mary Kelly Rives
Appellee’s attorney: Bryan D. Morrow
2 PM 2007CA001495 and 2007CA001507
RALPH FEHR v. MAREN FEHR
Summary: Family Court case. Appellant argues that Kentucky did not have proper jurisdiction in a divorce action because of the location of property. He is appealing the trial court’s decision, which was that a villa in the Netherlands Antilles purchased during the marriage with a substantial amount of non-marital funds was a gift to the wife during the marriage. The appeal also addresses other trial court findings regarding property division.
Oldham County judge who ruled in the case – Timothy E. Feeley
Appellant’s attorneys: Jennifer S. Begley and Rocco J. Celebrezze
Appellee’s attorney: Vincent J. Eiden
2:45 PM 2007CA001454 and 2007CA001487
VILLAGE CAMPGROUND INC. v. LIBERTY BANK
Summary: Civil. Issues include whether bank was entitled to summary judgment upon appellant Village Campground’s claim for statutory damages under KRS 382.325 for failing to release mortgage after written request, and whether the trial court properly denied the campground’s late-filed notice for punitive damages per CR 8.02 (primary arguments have multiple sub-arguments). Cross-appeal on whether the bank was entitled to summary judgment on fraud claim.
Spencer County judge who ruled in the case – Charles R. Hickman
Appellant’s attorneys: Henry S. Alford, Rebecca Grady Jennings and Dennis D. Murrell
Appellee’s attorneys: Christopher Tyson Gorman, Byron Edward Leet and Jennifer Beth Starr
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 the 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 with her husband, Gary W. Moore. They have two children, Brandi Moore List and Scott Moore.
Judge Kelly Thompson
Judge Kelly Thompson was elected to the Kentucky Court of Appeals in November 2006. He represents Division 2 of the 2nd Appellate District, which is comprised of Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union and Warren counties.
Judge Thompson practiced law in Bowling Green from 1974 until his election in 2006. He was the chief public advocate for the 8th Judicial District from 1976 to 1999, and he twice served on the board of directors for the Bowling Green-Warren County Bar Association. He was chief trial counsel for the Kentucky Department of Highways in Hardin County from 1972 to 1973 and served as law clerk for the Kentucky Court of Appeals from 1973 to 1974.
Judge Thompson graduated from Western Kentucky University in 1968 with a bachelor’s degree and a teaching certificate. He earned his juris doctor from the University of Kentucky College of Law in 1972.
Judge Thompson has been admitted to practice before the U.S. Board of Claims and the U.S. Supreme Court. He has successful appellate experience in the 6th Circuit Court of Appeals, the Supreme Court of Kentucky and the Kentucky Court of Appeals. He is a recipient of the Kentucky Bar Association’s Donated Legal Services Recognition Award. He has been certified as a civil trial specialist by the National Board of Trial Advocacy, which is accredited by the American Bar Association to certify lawyers in civil, criminal and family law trial advocacy. Judge Thompson has also served as a board member for numerous civic organizations in Warren County.
Judge Thompson was born in 1948 and is a Warren County native. He is married to the former Victoria Golden. He has one daughter, Elizabeth, and three grandchildren.
Judge Michael L. Henry
Judge Michael L. Henry is a senior judge assigned to the Court of Appeals. He has served as a senior judge since January 2007.
Judge Henry previously served as a Court of Appeals judge after being elected to the seat in 2004. He was a District Court judge for Pulaski and Rockcastle counties for 12 years. Judge Henry was assistant commonwealth’s attorney for Pulaski and Rockcastle counties from 1981 to 1984 and from 1989 until his appointment as district judge in 1992. He was a partner in the Somerset law firm of Ham and Henry from 1989 to 1992 and was an associate in a private law firm from 1981 to 1984. He served as a law clerk for the Supreme Court of Kentucky after graduating from law school and was a staff attorney for the Kentucky Court of Appeals in 1985.
Judge Henry is a member of the Kentucky and Pulaski County bar associations.
Judge Henry serves as a member of the Troop Committee for Troop 170 of the Boy Scouts of America in Somerset and as a member of the parish council for St. Mildred Church.
Judge Henry and his wife Julie have two children: a daughter, Lauren, and a son, Christopher.
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.
The Administrative Office of the Courts in Frankfort supports the activities of 4,000 Kentucky Court of Justice employees, including the elected offices of 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.