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Kentucky Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Contracts, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: I filed a lawsuit in Federal Court alleging violation of the FHA and lost. Will I have to pay defendant's attorney fees.

Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which... View More

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1 Answer | Asked in Gov & Administrative Law, Traffic Tickets and Appeals / Appellate Law for Kentucky on
Q: Can a hearing trial deal out a harsher punishment after the judge has carry out her judgment?

I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.

1 Answer | Asked in Appeals / Appellate Law for Kentucky on
Q: Who is a successful criminal appeals lawyer that can get a wrongful conviction under krs 503.085 self defense vacated?
T. Augustus Claus
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answered on Sep 14, 2023

o find a capable criminal appeals lawyer in Kentucky for potentially vacating a wrongful conviction under KRS 503.085 (self-defense), start by contacting the Kentucky Bar Association or seeking referrals from trusted sources. Online attorney directories and local legal aid organizations can also... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Kentucky. Can the federal district court review actions by a KY court clerk and judge? Not the case issue, the procedure

Court records prove the clerk received my complaint with IFP fee waiver 7 days before the deadline. The filing was delivered to the judge who held it 4 days past deadline then granted IFP and dismissed it for being filed late. He opined it was my responsibility to ensure it was filed on time. On... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Under the Rooker-Feldman doctrine, the federal court will most likely dismiss such a complaint for lack of subject matter jurisdiction.

Under that doctrine, you need to appeal the state court claim through the state court system and then to the United States Supreme Court. Pursuant to 28...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky on
Q: Is DCBS required to notify me of a substantiated case finding against me?

I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2024

Yes. They are required to notice you.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Kentucky on
Q: Is it a conflict of interest if a judge appts an aty that he worked with 4 years before coming a judge?

They were partners for almost 5 years before he took his seat in office as a judge. She sucked as an appeal atty and didnt put any of the arguments about false documents, or that the judge didn't follow record retention procedure. On top of that she discouraged me from doing any further... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

What you have described happened regularly and on its face is not a conflict of interest nor a violation of the judicial canons.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Any suggestions?

My case has been frilious and I've had my constitutional rights violated throughout removal, Evan before. Depndecy, neg.,abuse trail court I was appointed counsel w out my knowledge. Court automatically bias by not giving me the opportunity to hire a private attorney. I was denied to hire... View More

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

Your situation sounds like virtually all of the other CPS CASES IN Kentucky. Hire a civil rights attorney

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... View 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... View 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... View 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... View More

Charles William Michaels
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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... View 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... View 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.

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