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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 and Public Benefits for Kentucky on
Q: Seeking advice on SSDI appeal process after non-medical review.

I'm currently appealing a denial for SSDI. My quality review and medical review have been completed, and it's now going for a non-medical review to see if I'm still qualified. What should I expect from this review process, and are there steps I can take to strengthen my case during the appeal?

James L. Arrasmith
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answered on Oct 13, 2025

When your SSDI appeal reaches the non-medical review stage, it means the Social Security Administration is focusing on the **technical eligibility requirements** rather than your health condition. This review looks at your **work history, earnings record, living situation, and insurance status** to... View More

1 Answer | Asked in Appeals / Appellate Law, Legal Malpractice and Criminal Law for Kentucky on
Q: Pled guilty to felonies based on promised diversion. Now record unchanged. Options in Kentucky?

I was advised by my attorney to plead guilty to stalking and arson to be eligible for a pre-trial diversion, with the understanding that after completing my probation, the charges would be erased. Upon completing my probation, I discovered there was no pre-trial diversion, and I pled guilty to two... View More

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answered on Sep 8, 2025

If you pled guilty under the belief that you would receive pre-trial diversion and later discovered that no such agreement was honored, you may have options to challenge the outcome. In Kentucky, when a plea is entered based on misinformation, misrepresentation, or ineffective assistance of... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Kentucky on
Q: Can a judge reconsider sentencing due to caregiving role during probation revocation?

I was sentenced to jail due to a probation revocation, with the requirement to report by phone. However, I was acting as a caregiver for my mother after she had COVID and lost mobility. My sentencing was scheduled 12 days after her illness, and I have doctor's notes detailing my caregiving... View More

James L. Arrasmith
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answered on Aug 29, 2025

A judge does have the authority to reconsider or modify a sentence in certain circumstances, but it usually depends on the rules of the court and whether you act quickly. Since you did not inform the court about your caregiving role before sentencing, you would now need to formally request... View More

1 Answer | Asked in Appeals / Appellate Law and Estate Planning for Kentucky on
Q: Seeking appeals attorney for case in Kentucky over alleged trust fund misuse.

I am seeking an appeals attorney to help me appeal a case in Lawrenceburg, Kentucky. I have been accused by a judge of misusing trust money meant for my nephew, for whom I am the trustee. The money was used on his home, and I presented receipts to the judge showing how the funds were spent, but the... View More

Timothy Denison
Timothy Denison
answered on Jul 28, 2025

Try your local bar association or legal aid society. They can help you find a lawyer.

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Kentucky on
Q: What are my options if my attorney is sued by the opposing company and has a history of legal issues?

I am involved in a class action case where my attorney is now being sued by the company he is representing me against. I haven't met or spoken to him directly, only through his office staff. Knowing that this attorney has had prior legal issues, which I wasn't aware of at the time of... View More

Timothy Denison
Timothy Denison
answered on Jun 21, 2025

Investigate other attorneys and consult one you feel comfortable with regarding your current situation.

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Family Law and Legal Malpractice for Kentucky on
Q: Were we treated fairly in a Kentucky court case involving visitation rights for our grandsons after my daughter's accident?

I am seeking guidance on whether we were treated fairly in a court case involving visitation rights. After my daughter passed away in a car accident, we requested visitation with our grandsons, whom we have cared for since they were 6 months old. In court, our lawyer did not speak on our behalf,... View More

Timothy Denison
Timothy Denison
answered on May 27, 2025

It is tough to say without thoroughly reviewing the hearing tapes and evidence, but it certainly sounds like you may have gotten the short end of the stick. I would hire a new attorney to review these matters and give you an opinion based on a complete review of your file.

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2 Answers | Asked in Appeals / Appellate Law, Juvenile Law and Criminal Law for Kentucky on
Q: Possibility for release on MRS for son convicted of violent crime, potential appeal of parole decision.

My son was convicted of armed robbery with a firearm and wanton endangerment when he was 17 years old. He has been incarcerated since 2014. At his parole hearing on December 18, 2024, he was told he must serve out his sentence in Kentucky due to the severity of his crime. He has accumulated eight... View More

Timothy Denison
Timothy Denison
answered on May 21, 2025

Very doubtful on the MRS release. You can appeal but the likelihood of prevailing is quite low.

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Appeals / Appellate Law for Kentucky on
Q: Wrongful conviction based on false probable cause and perjury by officer, KY.

I've been convicted of theft of rental property over $10,000 and failing to release it, based on false probable cause by Officer Welsey Hicks from Cave City Police. The officer falsely claimed he verified the truck's status using NCIC at 11 PM, but Penske Corp's office, which closes... View More

Timothy Denison
Timothy Denison
answered on May 13, 2025

You will need to appeal the conviction to the Jentucky Court of Appeals within 30 days of the conviction.

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2 Answers | Asked in Criminal Law, Civil Rights and Appeals / Appellate Law for Kentucky on
Q: Seeking to clear false charges from my record in Kentucky.

I was wrongfully imprisoned and charged with criminal mischief in Kentucky after unintentionally escaping from a hospital while I was very sick. Additionally, I have a dismissed charge from Indiana on my record. I would like to know how I can clear my name and remove these false and misleading... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2025

You should be able to expunge your record immediately and remove all the charges once and for all.

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for Kentucky on
Q: Why is my name still on Justia after expungement?

I was granted a full expungement, yet my name and appeal still appear on the Justia website. Why is this information still accessible, and what steps can I take to address this issue?

Timothy Denison
Timothy Denison
answered on Apr 10, 2025

Not sure how, where or why your name appears, but you may want to send them a copy of your expungement order requesting they remoe the information.

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1 Answer | Asked in Domestic Violence and Appeals / Appellate Law for Kentucky on
Q: Will the same judge review an attempt to overturn a DVO in KY?

In Kentucky, the father of my children was issued a Domestic Violence Order (DVO) after admitting to verbal and mental abuse, coercion, confinement, and posing a danger. Despite being offered legal counsel, he refused it in court and admitted to the accusations while witnesses testified against... View More

Timothy Denison
Timothy Denison
answered on Mar 9, 2025

Depends on whether he’s asking for reconsideration or appeal. Reconsideration will be the same judge. Appeal will be a new three judge panel before the Zcourt of Appeals.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Kentucky on
Q: Criminal case 'no bill' decision, next steps?

I was the defendant in a criminal case where the decision came back as 'no bill.' I did not receive any official documentation aside from the note written on the inventory paper listing the items the police took as evidence. They returned my gun, which had an evidence tag, but the DVR did... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

You should consult a civil rights attorney to determine whether you have a claim and at a very minimum, get your DVR back.

Q: Can husband get early release from weekend jail despite agreement?

My husband has been sentenced to serve 53 days in county jail on weekends in Crittenden County, Kentucky. He has been diagnosed with mental health issues since 2019, and his condition is declining. His attorney requested house arrest or some modification due to his mental health, but the court... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

It is unlikely but you could certainly file a new motion based on the new evidence you have. An appeal would likely be fruitless bc he will have served out long before it is ever heard.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Kentucky on
Q: Can my friend still be charged with a felony without indictment after 8 months?

My friend was arrested and charged with burglary after his girlfriend, who was incarcerated, gave him the keys to her safe to retrieve money meant for hiring her a lawyer. She instructed him to avoid the cameras because of her dad, so he entered through a window. Her dad, who is pressing charges,... View More

Timothy Denison
Timothy Denison
answered on Mar 6, 2025

Yes. He can. There is no statute of limitations on a felony.

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