FRANKFORT, Ky., Sept. 27, 2021 – The Kentucky Court of Appeals will hear oral arguments Tuesday in cases on appeal from Campbell County Circuit Court about whether an inmate can be found guilty of first-degree promoting contraband based solely on a positive urine test for drugs. Arguments will take place at 2 p.m. CT at the Henderson County Judicial Center in Henderson. Proceedings are open to the public.
Thirty inmates at the Campbell County Detention Center were tested for drugs with a urine test after officials received a tip from an informant and an admission from an inmate that he had been using methamphetamine and sharing it with other inmates. Ten inmates were charged with first-degree promoting contraband based on the positive test results.
Court of Appeals Judge Kelly Thompson will preside as he and Court of Appeals Judges Irv Maze and Jeff S. Taylor hear arguments.
Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.
Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location but travel throughout the state to hear cases.
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