Wednesday, April 02, 2008
The Kentucky Court of Appeals To Hear Oral Arguments Thursday and Friday In Pikeville
The Kentucky Court of Appeals will hear oral arguments in Pikeville in four cases between Thursday, April 3, and Friday, April 4. The proceedings will be open to the public.
A three-judge panel consisting of Court of Appeals Judges Michelle M. Keller, Kelly Thompson and Thomas B. Wine will hear arguments beginning at 1:30 p.m. Thursday and starting at 9:30 a.m. Friday in the Division II Circuit Courtroom on the fourth floor of the Pike County Hall of Justice, 172 Division St.
Summaries of the cases the panel will hear are below.
Pikeville DocketThursday, April 3, 2008
1:30 PM 2007CA000555 ARA LITTLE v LEE STEWART ET AL.
Summary: Civil. This appeal arises from litigation regarding an accident between a coal truck, tractor-trailer and van. At the conclusion of the plaintiff’s case, the trial court directed verdict in favor of two defendants.
Pike County judge who ruled in the case – Judge Steven D. CombsAppellant’s attorneys: Della M. Justice and Joseph W. JusticeAppellees’ attorney: Neal Smith
2:15 PM 2005CA002012 APPCO-KY INC. v OLDCASTLE MOUNTAIN MATERIALS INC.
Summary: Civil. Appeal from trial court’s ruling that voided a restrictive covenant in a deed. There are also contract issues between the parties.
Carter County judge who ruled in the case – Judge Samuel C. LongAppellant’s attorneys: Brian C. Baugh, William Craig Robertson III and Mickey Todd Webster Appellee’s attorney: Charles Ray Hughes 3:00 PM 2006CA001647 S.O. v COMMONWEALTH OF KENTUCKY
Summary: Discretionary review from juvenile adjudication finding S.D.O. (juvenile’s initials) guilty of terroristic threatening. Sufficiency of evidence supporting findings; lack of evidence that S.D.O. delivered letter containing threats; admissibility of letter with subsequent alterations.
Adair County judge who ruled in the case – Judge James G. WeddleAppellant’s attorney: Timothy G. Arnold Appellee’s attorneys: Jennifer Hutchinson, Bryan D. Morrow and Ronald Brian Wright Friday, April 4, 2008
9:30 AM 2006CA001384 KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY v SONYA ELSWICK
Summary: Civil. KFB appeals from an order dismissing its subrogation claims against Elswick. KFB argues that there were issues of fact concerning whether Elswick was a “secured person” under KRS 304.39-070 and that the trial court erred in finding that KFB was required to file a claim against Elswick’s carrier before bringing the subrogation action.
Pike County judge who ruled in the case – Judge Steven D. CombsAppellant’s attorneys: Forrest Waylon Brock and A.C. Donahue Appellee’s attorney: Lee A. Smith
Judge Michelle M. KellerMichelle 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 Kelly ThompsonKelly Thompson was elected to the Kentucky Court of Appeals in November 2006. He represents the 2nd Appellate District, Division 2, 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 Thomas B. WineThomas B. Wine was appointed to the Kentucky Court of Appeals in August 2006 to serve Division 1 of the 4th Appellate District, which consists of Jefferson County. He was subsequently elected to the Court of Appeals in November 2006.
Judge Wine was elected to the Circuit Court bench in November 1991 and re-elected in 1999. He served as chief judge of Jefferson Circuit Court in 2000 and 2001 and as president of the Louis D. Brandeis American Inns of Court in 2002 and 2003. He was in private practice from 1990 until he assumed the duties of circuit judge.
Before embarking on his judicial career, Judge Wine worked in the Office of the Commonwealth’s Attorney in Jefferson County from 1979 to 1984 and from 1988 to 1990. He worked in the Office of the Attorney General in Frankfort from 1984 to 1988.
Judge Wine was born in Louisville. He graduated from the University of Louisville with a bachelor’s degree in 1977 and a juris doctor in 1980. He and his wife, Annie, have two children, Daniel Jacob and Matthew Joseph.
Kentucky Court of AppealsNearly 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 about 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.
A three-judge panel consisting of Court of Appeals Judges Michelle M. Keller, Kelly Thompson and Thomas B. Wine will hear arguments beginning at 1:30 p.m. Thursday and starting at 9:30 a.m. Friday in the Division II Circuit Courtroom on the fourth floor of the Pike County Hall of Justice, 172 Division St.
Summaries of the cases the panel will hear are below.
Pikeville DocketThursday, April 3, 2008
1:30 PM 2007CA000555 ARA LITTLE v LEE STEWART ET AL.
Summary: Civil. This appeal arises from litigation regarding an accident between a coal truck, tractor-trailer and van. At the conclusion of the plaintiff’s case, the trial court directed verdict in favor of two defendants.
Pike County judge who ruled in the case – Judge Steven D. CombsAppellant’s attorneys: Della M. Justice and Joseph W. JusticeAppellees’ attorney: Neal Smith
2:15 PM 2005CA002012 APPCO-KY INC. v OLDCASTLE MOUNTAIN MATERIALS INC.
Summary: Civil. Appeal from trial court’s ruling that voided a restrictive covenant in a deed. There are also contract issues between the parties.
Carter County judge who ruled in the case – Judge Samuel C. LongAppellant’s attorneys: Brian C. Baugh, William Craig Robertson III and Mickey Todd Webster Appellee’s attorney: Charles Ray Hughes 3:00 PM 2006CA001647 S.O. v COMMONWEALTH OF KENTUCKY
Summary: Discretionary review from juvenile adjudication finding S.D.O. (juvenile’s initials) guilty of terroristic threatening. Sufficiency of evidence supporting findings; lack of evidence that S.D.O. delivered letter containing threats; admissibility of letter with subsequent alterations.
Adair County judge who ruled in the case – Judge James G. WeddleAppellant’s attorney: Timothy G. Arnold Appellee’s attorneys: Jennifer Hutchinson, Bryan D. Morrow and Ronald Brian Wright Friday, April 4, 2008
9:30 AM 2006CA001384 KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY v SONYA ELSWICK
Summary: Civil. KFB appeals from an order dismissing its subrogation claims against Elswick. KFB argues that there were issues of fact concerning whether Elswick was a “secured person” under KRS 304.39-070 and that the trial court erred in finding that KFB was required to file a claim against Elswick’s carrier before bringing the subrogation action.
Pike County judge who ruled in the case – Judge Steven D. CombsAppellant’s attorneys: Forrest Waylon Brock and A.C. Donahue Appellee’s attorney: Lee A. Smith
Judge Michelle M. KellerMichelle 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 Kelly ThompsonKelly Thompson was elected to the Kentucky Court of Appeals in November 2006. He represents the 2nd Appellate District, Division 2, 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 Thomas B. WineThomas B. Wine was appointed to the Kentucky Court of Appeals in August 2006 to serve Division 1 of the 4th Appellate District, which consists of Jefferson County. He was subsequently elected to the Court of Appeals in November 2006.
Judge Wine was elected to the Circuit Court bench in November 1991 and re-elected in 1999. He served as chief judge of Jefferson Circuit Court in 2000 and 2001 and as president of the Louis D. Brandeis American Inns of Court in 2002 and 2003. He was in private practice from 1990 until he assumed the duties of circuit judge.
Before embarking on his judicial career, Judge Wine worked in the Office of the Commonwealth’s Attorney in Jefferson County from 1979 to 1984 and from 1988 to 1990. He worked in the Office of the Attorney General in Frankfort from 1984 to 1988.
Judge Wine was born in Louisville. He graduated from the University of Louisville with a bachelor’s degree in 1977 and a juris doctor in 1980. He and his wife, Annie, have two children, Daniel Jacob and Matthew Joseph.
Kentucky Court of AppealsNearly 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 about 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.
# posted by Joe Kinzer @ 9:26 PM 
