Monday, 11 19, 2012
Public Information Specialist
502-573-2350, x 50033
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear civil cases on appeal from Fayette and Franklin counties and a criminal case from Mercer County when it convenes Monday and Tuesday, Nov. 19-20, at the Court of Appeals in Frankfort. Proceedings are open to the public and will take place in the Court of Appeals Courtroom at 360 Democrat Drive.
A three-judge panel composed of Court of Appeals Judges Michael Caperton, Janet L. Stumbo and Kelly Thompson will hear oral arguments in the cases.
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.
FRANKFORT DOCKET (Times are local – EST)
MONDAY, NOV. 19, 2012
LORETTA SARGENT v Dr WILLIAM SHAFFER
Summary: Civil. Judge Thompson will preside. A jury ruled in favor of appellee Dr. William Shaffer in appellant Loretta Sargent’s lawsuit against him for claims of medical negligence and failure to provide informed consent. Sargent argues that the court failed to provide proper instructions about Dr. Shaffer’s duties and that the trial court erred in allowing Dr. Shaffer to conduct a surprise mock surgery in the presence of the jury.
Fayette County judge who presided in the case – Judge Pamela R. Goodwine
Appellant attorneys: Darren Sammons and Joe Savage
Appellee attorney: Bradley Case
REGINA CARROLL v COMMONWEALTH OF KENTUCKY
Summary: Criminal. Judge Stumbo will preside. The Court of Appeals granted discretionary review to hear this appeal. The District Court denied a motion to suppress in this case and the Circuit Court affirmed the District Court ruling. Issues presented in the appeal include whether the trial court may use hearsay evidence in a suppression hearing to prove the essential elements of a crime, whether the defendant must be given the Implied Consent Warning each time a test is requested by an arresting officer and whether the officer properly observed the defendant prior to the first test.
Mercer County judge who presided in the case – Judge Darren W. Peckler
Appellant attorney: John Cornett
Appellee attorneys: David Abner, Jack Conway and Ted Dean
Dr. RODNEY STEWART v KENTUCKY HORSE RACING COMMISSION
(CROSS-APPEAL) KENTUCKY HORSE RACING COMMISSION v RODNEY STEWART
Summary: Civil. Judge Caperton will preside. At issue is the suspension of a veterinarian’s license to practice at a race track.
Franklin County judge who presided in the case – Judge Phillip Shepherd
Appellant attorneys: Michelle Hurley and Michael Meuser
Appellee attorneys: Susan Speckert, Robert Watt III and Lynn Zellen
TUESDAY, NOV. 20, 2012
ANDREA WEICKGENANNT v THE BOARD OF REGENTS OF NORTHERN KENTUCKY UNIVERSITY
Summary: Civil. Judge Stumbo will preside. This is an appeal from a denial of tenure case. The trial court granted appellee NKU Board of Regents’ motion to dismiss appellant Andrea Weickgenannt’s breach of contract claim. At issue in the appeal is whether the trial court properly held that sovereign immunity barred Weickgenannt’s suit because she did not have a valid written contract with the commonwealth that provided for tenure as required by KRS 45A.245(1) and KRS 45A.030(4).
Franklin County judge who presided in the case – Judge Thomas D. Wingate
Appellant attorneys: Kelly Myers and Sheila Smith
Appellee attorneys: Kathleen Carnes, Michael Hawkins and Andrew Millar
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.