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Kentucky Appeals / Appellate Law Questions & Answers
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
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
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.

1 Answer | Asked in Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: Does a search warrant have to have receipt and return numbers on them like date filed and returned time and date?

How can I get a copy of the application that requested a warrant to be sealed?

Timothy Denison
Timothy Denison answered on Apr 17, 2018

Yes. There is an inventory of items seized that the officer fills out. You should hire an attorney to make a motion seeking to unseal the search warrant and affidavit. At some point, it will likely be unsealed.

1 Answer | Asked in Appeals / Appellate Law for Kentucky on
Q: How do I file a petition to institute an appeal to Circuit Court
Robert Jason De Groot
Robert Jason De Groot answered on Nov 11, 2015

You needed to hire an attorney.

1 Answer | Asked in Appeals / Appellate Law for Kentucky on
Q: how do you appeal a family court order
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

By having a complete transcript and hiring an attorney.

1 Answer | Asked in Appeals / Appellate Law for Kentucky on
Q: Is it illegal for an appeal judge to preside on a case that he was an attorney for?
Robert Jason De Groot
Robert Jason De Groot answered on Sep 24, 2015

The judge should recuse himself, or a party should move to have the judge recused.

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