OWENSBORO, Ky. — The Kentucky Court of Appeals will convene Thursday, May 28, in Owensboro to hear oral arguments in two cases. The proceedings, free and open to the public, will be hosted by Kentucky Wesleyan College in the Jack T. Wells Activity Center at 3300 Frederica St.
Bringing the Court of Appeals to campus gives Kentucky Wesleyan students — particularly those studying pre-law, criminal justice, political science, and history — a rare chance to see appellate advocacy firsthand. Rather than reading about how higher courts work, students and community members alike will watch attorneys make their arguments and judges press them on the law in real time.
“Kentucky Wesleyan College is honored to host and support the work of the Kentucky Court of Appeals,” said Dr. Stephen Germic, Provost and Senior Vice President of Academic Affairs. “These proceedings complement not only Wesleyan’s mission, but also the mission of the new Center for American Civics, which is dedicated to connecting learning to the practical realities of judicial processes that are critical to civic understanding and responsibility.”
Arguments from two cases will be heard. Arguments in the first case, Dustin Aliff, et al. v. Mayfield Consumer Products, LLC, et al., will begin at 11 a.m. CDT. The case examines whether the circuit court erred in granting the defendant’s motion to dismiss under CR 12.02, regarding claims asserted by employees and certain employees’ estates for damages arising from the destruction of a business in Mayfield by a tornado on December 10, 2021.
Arguments in the second case, Aubrey Ellis Franklin v. Commonwealth of Kentucky, will begin at 1:30 p.m. CDT. At question is whether the circuit court erred in denying the defendant’s motion to dismiss the indictment and conviction for possession of a handgun by a convicted felon, upholding the constitutionality of KRS 527.040.
Arguments in both cases will be heard by a three-judge panel. Presiding Judge will be the Honorable Jeff S. Taylor, with Associate Judges the Honorable Annette C. Karem and the Honorable J. Christopher McNeill. Judge Taylor represents the 2nd Appellate District, Division 1; having first taken the bench in December 2003, he is the third longest serving member of the intermediate court in its 50-year history. Judge Karem represents the 4th Appellate District, Division 2, and Judge McNeill represents the 1st Appellate District, Division 1.
Cases are not retried in the Kentucky Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the three-member judicial panel for a decision.
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