Kentucky Court of Justice
Kentucky Court of Appeals will hear oral arguments Oct. 30 in Highland Heights
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four cases Thursday, Oct. 30, at Northern Kentucky University Chase Law School in Highland Heights. Proceedings are open to the public.
A three-judge panel consisting of Court of Appeals Judges Joy A. Moore and Michael Caperton and Senior Judge Daniel T. Guidugli will hear oral arguments starting at 10 a.m. in the Moot Courtroom at Nunn Hall 420, which is located on Nunn Drive.
The cases are on appeal from courts in Boyle, Fayette, Franklin and Kenton counties.
A case docket containing summaries of the cases is below.
HIGHLAND HEIGHTS DOCKET
Thursday, Oct. 30, 2008
10 AM 2007CA001762
DUSTIN STUMP v. COMMONWEALTH OF KENTUCKY
Summary: Discretionary review. Criminal. Issue is whether trial court in DUI case erred in failing to allow defendant to present evidence of preliminary breath test as potentially exculpatory evidence.
Fayette County judge who ruled in the case – Judge Kimberly N. Bunnell
Appellant’s attorney: John Lindsay Tackett
Appellee’s attorneys: Jack Conway, Charles R. Geveden, Raymond Larson, Carrie Insco McIntyre and Larry S. Roberts
10:45 AM 2007CA001873
REBECCA DEATON v. CHESTER ELLIOTT
Summary: Family Court (civil). Appeal in family law case regarding whether trial court erred in failing to hold a hearing as to the effect of the parties’ bankruptcy on debt and asset allocation.
Kenton County judge who ruled in the case – Judge Christopher J. Mehling
Appellant’s attorney: Stuart Paul Brown
Appellee’s attorney: Donald Anthony Bollman
11:30 AM 2007CA002188
LINDA HELTON v. EPHRAIM HELTON
Summary: Family Court (civil). Appeal in family law case regarding the trial court’s valuation of a law firm’s goodwill, determination regarding the alleged dissipation of marital assets, readjustment of assets after the parties’ stipulation and determinations regarding maintenance and attorney fees.
Boyle County judge who ruled in the case – Judge Jeffrey M. Walson
Appellant’s attorneys: Anita M. Britton and Crystal L. Osborne
Appellee’s attorney: Jerry W. Gilbert
1:30 PM 2007CA002522
KENTUCKY RETIREMENT SYSTEMS v. WILMA MARTIN
Summary: Civil. Issue is whether Circuit Court erred in overruling Kentucky Retirement Systems Board of Trustees decision to deny appellee’s application for disability retirement benefits pursuant to KRS 61.600.
Franklin County judge who ruled in the case – Judge Phillip J. Shepherd
Appellant’s attorney: Katherine Rupinen
Appellee’s attorney: Harry L. Mathison
Judge Michael Caperton
Judge Michael Caperton was elected to the Kentucky Court of Appeals on Nov. 6, 2007, and represents Division 1 of the 3rd Appellate District. The 3rd Appellate District is comprised of Adair, Bell, Casey, Clay, Clinton, Cumberland, Estill, Garrard, Green, Jackson, Knox, Laurel, Lee, Leslie, Lincoln, Marion, McCreary, Metcalfe, Monroe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne and Whitley counties.
Prior to his election to the Court of Appeals, Judge Caperton served 14 years as a District Court judge for the 27th Judicial District, which consists of Knox and Laurel counties. He was elected district judge in 1994 and served until he was sworn in as Court of Appeals judge in December 2007.
Judge Caperton is a native of Laurel County, where he has resided most of his life. After graduating from Transylvania University in 1977, Judge Caperton earned a teaching certificate from Cumberland College in biology and chemistry. He received his juris doctor from the University of Kentucky College of Law in 1987.
Judge Caperton has two teenage daughters.
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.
Senior Judge Daniel T. Guidugli
Daniel T. Guidugli is a senior judge assigned to the Court of Appeals. He became a senior judge after retiring as a Court of Appeals judge in December 2006.
Judge Guidugli served more than 10 years on the Court of Appeals. He was elected to the Court of Appeals in November 1996 following an appointment to the court in September of that year. He served as a District Court judge from 1985 until he was appointed to the Court of Appeals. Prior to his judicial career, he was assistant county attorney in Campbell County.
He is a member of the Northern Kentucky Bar Association and the Northern Kentucky University Alumni Association. In 1984, Judge Guidugli received the Outstanding Young Man of America award.
Judge Guidugli earned his juris doctor from the NKU Salmon P. Chase College of Law and received his Bachelor of Arts in history and political science from NKU.
He was born in 1952 and is a Campbell County native. Judge Guidguli is married to Mary and their family includes two sons.
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.