Lawyers, Answer Questions  & Get Points Log In
Kentucky Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Kentucky on
Q: When a Circuit Court and Appeals Court denies your Constitutional Rights, Where is the next court can a person go

to to get their Constitutional Right heard?

KRS 178.425 .... Section 1983 claim18 U.S.C. § 242 ... Sections 13 and 242

Timothy Denison
Timothy Denison
answered on Sep 12, 2022

Next stop is the Supreme Court.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: Can I sue? Got pulled over, police tried to get me to consent search. I said no, had to wait about 2 hours for k9 .

K9 did not smell anything. All this without probable cause.

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

Technically, you probably can sue. But practically, it doesn’t appear you have any damages so the recovery would be minimal if any.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: If someone steals a grave and places a headstone for spouse do they have a right to bury their spouse beside them ?

I discovered new graves & headstones AFTER I purchased my farm. There is no reservation of a cemetery or mention of any graves in my Deed. Isn't this a violation of my Constitutional Rights? I don't live on this property and I wasn't aware of any of the burials. Do they have a... Read more »

Timothy Denison
Timothy Denison
answered on Aug 31, 2022

No, it’s not a violation of your civil rights. However, if the graves aren’t properly registered, you can probably have the bodies exhumed and moved off your property.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: Can a person request access to all documentation/evidence pertaining to current charges from recent arrest?

A friend was arrested last week and is still in custody. Court is 8/30, and we need to get a court appointed lawyer, she does not have money to pay for private representation. Can she have access to the arrest report and any other documentation or evidence pertaining to that arrest before going to... Read more »

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

Yes. They can ask for all the evidence.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: How does an inmate obtain: 1. a court appointed lawyer (no Income) 2. Arrest report, evidence, etc

A friend was arrested last week, is still in custody. Court set for Tuesday, (8/30/2022). She was charged w/traffic violations that she's guilty of, and won't dispute. The other charges are:

1. tampering with physical evidence

2. possession of meth (1st offense)... Read more »

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

She can ask for court appointed counsel at her first appearance or arraignment. Then her lawyer can ask for the discovery (evidence) after being appointed.

1 Answer | Asked in Constitutional Law for Kentucky on
Q: Can a person under 21 carry a loaded gun in their car in Kentucky?
Timothy Denison
Timothy Denison
answered on Aug 27, 2022

No. They must be at least 21.

1 Answer | Asked in Constitutional Law for Kentucky on
Q: If someone steals a lot in a private cemetery and buries a body, do they have a right to bury the spouse next to them?

I bought 80 acres in 1981 to build a home at a later date. It also has an old family cemetery on it. There is no mention of a cemetery in the Deed. It's just located in the wooded area in the field.

Timothy Denison
Timothy Denison
answered on Aug 2, 2022

No. No more than they had the right to steal the lot and bury the first one.

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Kentucky on
Q: do I havex a case here? Defamation, nonviolent threats/ inxtimidation, illegal search of house/shed, and discrimination?

violation of 4th amendment in Kentucky, no reasonable suspicion no warrant and no probable cause, all recorded on home security, and no evidence was found. search was ordered to former chief of police by local City Manager, who for 3 years openly has made his hatred for myself clear verbally, by... Read more »

Timothy Denison
Timothy Denison
answered on Jul 28, 2022

You need to consult an employment discrimination lawyer and flush out all the facts involved. This is far too complex factually to properly answer here.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Identity Theft for Kentucky on
Q: If all identifying victim information was given to the perpetrator in his discovery, who is responsible for that?

A copy of KYIBRS report was given to the accused while he was incarcerated at W.C.R.J. with all identifying information of each victim including ssn, driver's license #, d.o.b., address, and identifying descriptions. Who do I need to contact about this violation?

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

Contact The Commonwealth Attorney who is prosecuting the accused.

1 Answer | Asked in Constitutional Law for Kentucky on
Q: Does the county road department have the right to mow part of your hay field and leave their tractors and bush hogs ?

I took pictures of the County Road Department employees and equipment where they mowed in my hay field and was hiding their tractors and bush hogs in a wooded area in my field.

Timothy Denison
Timothy Denison
answered on Jun 16, 2022

Not unless your deed gives the County an easement to use and store in such manner, which is doubtful.

1 Answer | Asked in Constitutional Law and Federal Crimes for Kentucky on
Q: I am an active duty member of the military stationed outside of my home state. Can my parent purchase a firearm for me?

I am in California and my parent is in Kentucky. Can I send him the money to purchase a firearm and transfer the weapon over to my name when I come back home?

Timothy Denison
Timothy Denison
answered on Apr 18, 2022

No. You will have to purchase it when you return.

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Landlord - Tenant for Kentucky on
Q: My landlord is telling me that I’m responsible for another tenant’s animal because I have a dog too. Is that legal?

My landlord messaged me stating that I am responsible for the other tenants dog because I’m the only other tenant that has a dog, that I am responsible to reach out to this tenant and set up a time for us to clean up the entire yard. However, I always clean up after my emotional support dog and I... Read more »

Timothy Denison
Timothy Denison
answered on Mar 16, 2022

You are only responsible for your own dog. Period.

1 Answer | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Will a writ of habeas corpus release a defendant if they haven't been convicted yet?
Timothy Denison
Timothy Denison
answered on Feb 15, 2022

Depends on the basis claimed for the writ but probably not likely.

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.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Kentucky on
Q: My son is being accused of groping a female counter part. They are the same age, the father wants to call the police.

My question is will it be a he said she said case? He denies the accusations and he was not raised that way. They are both minors, it supposedly happened on a coed trip. She said they were both sleeping and she woke up to his hands on her. She claims she got up quickly and went to the bathroom. He... Read more »

Timothy Denison
Timothy Denison
answered on Dec 8, 2021

Likely it can be handled in juvenile court with it having to be bound over to adult court.

1 Answer | Asked in Contracts, Personal Injury, Constitutional Law and Legal Malpractice for Kentucky on
Q: Can I sue a lawyer for unprofessional conduct hand write contract I can't read an failing to sign into my case

Can I sue this local lawyer for unprofessional conduct he provided a note pad paper scribble on it call it a contract took 1400 dollars for my injury case promised he move it did not an did not even announce are sign into my case showing he was my lawyer at all an I the client had to catch the... Read more »

Timothy Denison
Timothy Denison
answered on Nov 25, 2021

You need to have an independent attorney review your case and determine how to proceed. Whether you can sue the first lawyer will depend largely on whether you have actual damages from his handling of your case.

1 Answer | Asked in Constitutional Law, Employment Law and Employment Discrimination for Kentucky on
Q: Which legal discipline do I go to for constitutional legality of Fed vax mandates and possible EEOC denial?

Also, which State if I remote work permanently in a different state than my employer. I pay state taxes to Kentucky but support Federal Agency in Virginia.

Timothy Denison
Timothy Denison
answered on Oct 26, 2021

Con Law. Kentucky.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: a motion to seal or motion to file redacted version within 30 days of entry of this order has the meaning of exactly?

Complaint of violation of Civil Rights Case

Timothy Denison
Timothy Denison
answered on Oct 21, 2021

What is your question?

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: Stopped for allegedly going 72 in a 55.

Officer stated he used moving radar but had no information about the equipment used on the citation, equipment type, unit# or model #. States i was moving faster than other vehicles is all. I was traveling through an intersection that had some vehicles going with traffic and others going much... Read more »

Timothy Denison
Timothy Denison
answered on Oct 5, 2021

Sure. You can argue no reasonable suspicion. However, you also need a good backup plan.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.