Wolfe County Judicial Center at Campton, Kentucky. Completed in 2012. County named after the first graduate of the University of Virginia and later Kentucky State Senator. This is the fourth courthouse. The first was a log structure that burned down in 1884. The second courthouse was a two story brick structure completed in 1885, and it burned down in 1913. The third courthouse was a yellow brick, two story building completed in 1917. The above picture is the fourth and was completed in 2012. Not sure if the third courthouse remains standing. If you know, then leave a comment. Thanks. For some older photos of court day in 1940 by Marion Post Wolcot, then paste the following link in your browser — http://tomclarkblog.blogspot.com/2011/04/marion-post-wolcott-court-day-campton.html
Published Court of Appeals appellate cases for this week –
December 18, 2015: Links are to full text of PDF decision with AOC.
981. Divorce. Retirement Accounts Division as Marital Property. Insufficient Findings
Robert Todd Shown vs. Teresa Gail Shown
Court of Appeals Published Opinion Vacating and Remanding – Ohio County
D. LAMBERT, JUDGE: Appellant, Robert Shown (hereinafter Robert) appeals the Ohio Circuit Court’s order regarding the division of the parties’ retirement accounts. In this case, we hold that the Ohio Circuit Court failed to take additional proof which was necessary to enter sufficient findings of fact to divide the marital portions of the parties’ respective teachers’ retirement and Simplified Employee Pension—Individual Retirement Account (SEP-IRA). We therefore vacate and remand.
985. Criminal Law. Sentencing Persistent Felony First Degree. Enhancement.
Timothy F. Gray vs. Commonwealth of Kentucky
Court of Appeals Published Opinion Affirming – Bell County
COMBS, JUDGE: Timothy F. Gray appeals from a final judgment and sentence of the Bell Circuit Court convicting him of theft by unlawful taking. He received a sentence of five-years’ imprisonment, which was enhanced to fifteen years by virtue of his status as a persistent felony offender in the first degree (PFO I). After our review, we affirm.
993. Criminal Law. Guilty Plea. Affirmed deny defendant’s motion to withdraw 2009 guilty plea claiming not informed adverse impact on her immigration status
Yustin Diaz vs. Commonwealth of Kentucky
Court of Appeals Published Opinion Affirming – Fayette County.
MAZE, JUDGE: Yustin Diaz appeals from a Fayette Circuit Court order denying her motion brought pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 and Kentucky Rules of Civil Procedure (CR) 60.02. She seeks to withdraw her guilty plea, entered in 2009, on the grounds that she was not informed that the resulting conviction could have an adverse effect on her immigration status.
Selected “not to be published” Opinions
997. Enforcement of Judgement Lien.
Joe Frazee vs. Rabo Agrifinance, Inc.
COA Not to Be Published Opinion Affirming – McCracken County
COMBS, JUDGE: Joe and Cynde Frazee appeal from a judgment and order of sale entered on January 12, 2015, by the McCracken Circuit Court. The Frazees argue that the court erred by permitting Rabo Agrifinance, Inc., to enforce its judgment lien against their property. Following our review of the record and the arguments of counsel, we affirm.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.
Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
AOC version of this week’s decisions can be accessed by clicking here.
The complete set of this week’s minutes listing all decisions (published and not to be published) with links to the full text of each at the AOC, are below:
[gview file=”https://kycourtreport.com/wp-content/uploads/2015/12/MNT12182015.pdf”]
