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Kentucky Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.

James L. Arrasmith
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answered on May 19, 2024

Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal?
James L. Arrasmith
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answered on Jun 3, 2024

Yes, Rule 60(b)(2) can apply even if there was no trial. This rule allows a party to seek relief from a judgment or order based on newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).

The fact that the...
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1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Kentucky on
Q: Is DCBS compelled to overturn a substantiated finding if the related court case was dismissed and expunged?

If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?

James L. Arrasmith
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answered on May 1, 2024

When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More

2 Answers | 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

James L. Arrasmith
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answered on May 1, 2024

If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify... View More

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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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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 Probate, Antitrust and Appeals / Appellate Law for Kentucky on
Q: If a trust was set up for a minor to receive the entire trust at age 35, can he contest it and get half when he’s 18?

He has no idea where the money is, how much he gets as he’s older or any details. His aunt is trustee and she has us blocked and ignored calls. I’m afraid there won’t be any money there. This isn’t the only trust she’s in charge of!

Timothy Denison
Timothy Denison
answered on Sep 30, 2024

Not unless the trust provides for it. There is no basis listed in your question that would give rise to contesting the trust. The trustee is under a fiduciary duty to the beneficiary to ensure that the money is there and that the terms of the trust are followed.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Kentucky on
Q: Can i be charged for bail jumping after I served my entire sentence,and appeals court sends it back

Afterwards and the commonwealth attorney changed my date without notification to me and there's no bond or bail due to me serving out

Timothy Denison
Timothy Denison
answered on May 27, 2024

Yes, although you may have a solid defense to it. Hire a criminal defense lawyer immediately to get out in front of this problem.

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2 Answers | Asked in Appeals / Appellate Law, Child Custody, Constitutional Law and Federal Crimes for Kentucky on
Q: In the past year I've realized I'm being used as intellectual property, how can I see?

Also I have been iD fraud, Microsoft and 2 hospitals leaked my records, I lost my apartment vehicle and job after a dui I was innocent of, the next day cps took my daughter... now looking back it's clear to me that Shelbyville ky has done this same thing to many women. Federal housing,... View More

Timothy Denison
Timothy Denison
answered on May 10, 2024

Talk to a local lawyer. Much more info is needed to ascertain the intellectual property you referenced.

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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.

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