QUOTES AND MESSAGES BY KENTUCKY APPELLATE COURT JUDGES

 “Having determined that the summary judgments were improvidently granted, it is unnecessary for us to taste the other delicacies served up to us by the plaintiff-appellant in her legal smorgasboard.”.- ROBERT O. LUKOWSKY, Special Commissioner Ct. of Appeals in Ogden v. Employers Fire Ins Co., 503 S.W.2d 727 (Ky., 1973

 “…the defendant is entitled to a reversal in those cases where a defendant is forced to exhaust his peremptory challenges against prospective jurors who should have been excused for cause..”  Ky. Sup. Ct. in Shane v. Com. 12-20-07As we have forcefully written, "[t]here is no magic' in the `magic question.,,, Rather, the unfortunately misnamed magic question "is just another question where the answer may have some bearing on deciding whether a particular juror is disqualified by bias or prejudice, from whatever source ..,,  Thus, we cautioned the bench and bar of the Commonwealth that a truly biased juror could not, by virtue of the purportedly magic question, be magically rehabilitated . We again strongly caution the bench and bar of the Commonwealth to remove the term "magic question" from their lexicon - JERMAINE A. CHATMAN V. COMMONWEALTH OF KENTUCKY – Dec. 20, 2007-Published decision -2005-SC-000953-MR.pdf - JUSTICE JOHN MINTONStrohschein v. Crager  Nov. 30, 2007 – Published decision.

Judge Kelly Thompson: “It is a maxim of the law that “he who is silent when he should have spoken, shall not be afterward heard to assert the claim on which, on the proper occasion, he failed to disclose.” 

Judge Donna Dixon: “we …find that the Commonwealth's exhortation to this jury to “send a message”  to the community was improper. We strongly urge the prosecutors throughout the Commonwealth to use extreme caution in making similar arguments…the Commonwealth is not at liberty to place upon the jury the burden of doing what is necessary to protect the community.” Com. V. McMahon, Published decision, Nov. 30, 2007“None of the numerous errors alleged by Partin can reasonably be said to have caused defeat to have been snatched from the hands of his probable victory.”  Senior Judge Graves – Partin v. Com., Nov. 21, 2007“The administration of justice cannot tolerate litigants who, either through active misrepresentation or through silence, manipulate the judicial process so as to deprive an opposing litigant of access to the courts.”   Ct. of Appeals Judge Kelly Thompson – Oct. 26, 2007  2006-CA-002141  Zoeller v. Gutterman

 “Aliens, even aliens whose presence in this country is unlawful, have long been recognized as 'persons' guaranteed due process of law by the Fifth and Fourteenth Amendments.”  …We are not in the business of depriving children of the benefit of two parents based solely on the immigration status of either. To do so would have adverse effects on our children and community alike.  Senior Status Ct. of Appeals Judge Dan Guidugli-  Collins v. Santiago, Oct. 19, 2007 –  2007-CA-000391“The courts are not redistributors of wealth. The courts address injustice and enforce rights, or at least strive to do so. The movement of dollars from party to party is merely a by-product of the judiciary's work.”       Ct. of Appeals Judge Glenn Acree, - Baker v. Comm. Of Ky. State Retirement Systems, unpublished decisions Oct. 19, 2007 - 2005-CA-001588“If the courts sanction such subpar performance by law enforcement officers of the  Commonwealth, confidence in the judicial system will be lost and all citizens within our borders will suffer.”   “Nothing can destroy a government more quickly than its failure to observe its own law, or worse, its disregard of the charter of its own existence.”  “When requested to issue search warrants, judges may not simply act as rubber stamps for the police and merely ratify the bare conclusions of others, nor may they consider information outside the affidavit.” Ct. of Appeals Judge Christopher Nickell,  Hensley v. Comm.  2005-CA-002501 Oct. 12, 2007

Ct. of Appeals Judge Joy Moore –“We believe that trial courts should make a factual finding regarding the truth or falsity of prior accusations (of sexual abuse) and ..(will)..require such in future cases.”  Capshaw v. Comm.  2006-CA-001918  Oct. 5, 2007  

Chief Justice Earl Warren “The police must obey the law while enforcing the law.”“When the thunderbolt of moral enlightenment strikes the United States Supreme Court, the usual result is a shower of cases precipitated upon state courts.” – Senior Status Judge Henry  

“We take this opportunity to remind practitioners to take their obligations of candor before the Court seriously when citing to the record.” Judge Joy Moore

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