Lawyers, Answer Questions  & Get Points Log In
Kentucky Appeals / Appellate Law Questions & Answers
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... View More

Charles William Michaels
PREMIUM
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?

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2018

I would think you will have a tough time getting that reheard but it will be up to the judge. I practice in front of judges who are good about putting everything on the record to make sure the plea of guilty is entered freely and voluntarily and without coercion but the decision will be up to the... View More

View More Answers

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... View 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.

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.