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Kentucky Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and Gov & Administrative Law for Kentucky on
Q: The judge filed an agreed order and dismissal but I didn’t agree. Can I object the order or do I appeal?

Plaintiff never showed any evidence at all. Plaintiff did not show up the last 3 court dates. I’ve motioned to dismiss. Also, the judge has already seen me on the same case from 2017. Plaintiff is over a year past statute of limitations. I know for a fact, because my co-Defendant tried to sue... Read more »

Timothy Denison
Timothy Denison
answered on Mar 25, 2023

You can object to the order and then appeal if you lose your objection.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Kentucky on
Q: Ii have a court order and the mom still won't let me see my child

I need help

Timothy Denison
Timothy Denison
answered on Apr 18, 2022

You should file a contempt motion against mom for violation of the court order.

Q: If I was punished twice for 1 crime (double jeopardy), can I get compensated?

I severed almost 5 years on a 23 year sentence, won my appeal and it went back to circuit Court. I accepted a lesser charge for 3 years and it was marked as time served. But I was also made to do 3 years probation and recently was released without incident. Found papers that every day should have... Read more »

Timothy Denison
Timothy Denison
answered on Jan 10, 2022

No. There is no compensable injury.

Q: Looking for my uncla money I'm not able to access
Timothy Denison
Timothy Denison
answered on Dec 7, 2021

What is your question?

1 Answer | Asked in Adoption, Appeals / Appellate Law, Criminal Law and Federal Crimes for Kentucky on
Q: A Federal Court Judge and a Family Court Judge has recused in my case within 13 days why would this happen?

Court of Justice , Department of Community Based Services, and The Cabinet of Health and Family Services tried their best to hide it from me, and failed. Before I found out about , Custody of my child was took before the TPR , Yesterday , it was discovered, I had already filed a lawsuit on the... Read more »

Timothy Denison
Timothy Denison
answered on Oct 28, 2021

They either have a conflict of interest or are attempting to avoid the appearance of impropriety. Beyond that, you will probably never learn the real reasons for recusal.

1 Answer | Asked in Appeals / Appellate Law for Kentucky on
Q: Is due process violated when only two judges sit on an appeals case, given the customary number is three?

The 6th Circuit US Court of Appeals employs a three judge panel to hear all appeals, both criminal and civil. What if one of the judges was so sick, he could not understand the proceedings, leaving effectively only two judges? Since everybody else is given three judges, is this a violation of due... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Oct 4, 2021

Generally, NO. I assume the absent judge will be at the conference meeting where they usually discuss the case(s) and vote. So I don't see any violation of due process.

Q: Do i need to have someone look into a lawsuit i had then was dropped due to lawsuit open in different state i ever lived
Tim Akpinar
Tim Akpinar
answered on Jul 25, 2021

A Kentucky attorney could advise best, but your post remains open for a week. That's up to you and your decision, but what you are describing seems to be not just a change of venue, but state (where it's possible elements of both states' rules of civil procedure could apply - only... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: Why wasn't the issue of EED not pursued on appeal? No more ineffective can an atty. be than ignore the compelling plea.

Nunn was a slam dunk EED. Scoville squandered all Nunns and his assets and suicide by eating a bullet because of his poor representation of Nunn et al was coming back on appeals and was his only out. Now Nunn has done

@ enough time for an EED and at 70 his heart condition will just about... Read more »

Timothy Denison
Timothy Denison
answered on Jul 8, 2021

What is your question?

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Kentucky on
Q: if i was in rehab 2019 and my rights werte terminated what can i do
Timothy Denison
Timothy Denison
answered on May 1, 2021

Depends on whether you were properly served with the petition for termination while you were in rehab.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Kentucky on
Q: How do I appeal judge's decision in family court in regards to a change of goal to adoption without a lawyer?
Timothy Denison
Timothy Denison
answered on Jan 12, 2021

You file a notice of appeal snd pay the filing fee in the Circuit Court Clerks Office.

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Employment Law for Kentucky on
Q: How can I collect on a civil suit that was awarded to me for being injured at work that was never paid?
Timothy Denison
Timothy Denison
answered on Dec 24, 2020

Find a lawyer to enforce the judgment and execute on the employer. If they are still in business, they have assets.

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1 Answer | Asked in Divorce and Appeals / Appellate Law for Kentucky on
Q: CAN I SUE MY EX FOR PERGERY

HE GAVE FALSE INFORMATION AT DIVORCE. HE FILED AND RECIEVED A CREDIET CARD IN MY NAME UNKNOWN TO ME

Timothy Denison
Timothy Denison
answered on Aug 30, 2020

Yes, but probably not worth it.

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Kentucky on
Q: Unemployment teleconference/hearing on whether appeal was timely?

I was laid off almost two years ago for lack of work with a former company and was instructed by my employer to claim unemployment benefits. I claimed benefits for 6 months. Long story short I have been self isolating due to the pandemic in my home town. Upon returning to town a few weeks ago I... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on May 5, 2020

If your former employer admitted their mistake, and let the UI know, I fail to see any reason for an appeal. Perhaps the conference call or hearing can clear this up.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Kentucky on
Q: A defendant was obviously high when testifying during jury trial and jury found him guilty. Can he appeal?

Should a defendant obviously high on drugs be allowed to take the witness stand to testify during his own jury trial? Jury found him guilty of charges and sentenced him to 45 years. Can he appeal this?

Timothy Denison
Timothy Denison
answered on Feb 8, 2020

Yes. He can appeal.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Wrongful Death for Kentucky on
Q: My friend is serving time in a KY correctional facility. What will happen to her if her trial is overturned?

My friend is serving time in a KY correctional facility. What will happen to her if her trial is overturned? Will she immediately be sent to county jail until her new trial takes place?

Timothy Denison
Timothy Denison
answered on Jul 3, 2019

If the trial is overturned, She will be held on a bond to be set by the judge when the case is returned to him by the appeals court. At that time, release relief may be sought from the trial court.

2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: My publoc defender made me pead guilty to DUI at my jurytrail because I showed up late said I'd do 90 days no bond

I have narcolepsy and it makes me drowsy when I drive I was having a attack when officer arrested me can I have case reheard?

Timothy Denison
Timothy Denison
answered on Dec 15, 2018

You can make a motion to set aside your plea. It is up to the court as to whether to rehear it or not.

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1 Answer | Asked in Child Custody, Family Law and Appeals / Appellate Law for Kentucky on
Q: Should I file for a return of custody

Our child was taken by my mother on September 29th to the courts to file an emergency custody order stating domestic violence allegations and drug use in front of the child. The argument she was claiming the child was around domestic violence was no where near where her or the child were at and... Read more »

Timothy Denison
Timothy Denison
answered on Dec 11, 2018

You’d better take it slow and work the progression. If everything you say is true, the child will probably ultimately be returned to you.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Family Law and Personal Injury for Kentucky on
Q: Mandy Bauer vs Commonwealth of Ky. After wrongfully accused and served almost 5 years before winning appeal of 20yr sen.

Now with extreme PTSD can I sew for pain & suffering on behalf of myself and my children?

Timothy Denison
Timothy Denison
answered on Dec 2, 2018

You may very well have a claim against the state. Consult an attorney quickly because there are strict limitations of actions on such claims.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: Can child protective services enter ur home and come in if a child opened the door
Timothy Denison
Timothy Denison
answered on Sep 16, 2018

No. Not unless you gave them permission.

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