No. 21-864

Geoffrey M. Young v. Garland "Andy" Barr

Lower Court: Kentucky
Docketed: 2021-12-10
Status: Denied
Type: Paid
Tags: ballot-challenge civil-procedure due-process judicial-review kentucky-law kentucky-revised-statutes motion-to-dismiss motion-to-set-aside standing statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether a trial court in Kentucky may dismiss a civil action for failure to state a claim without construing the pleading in the light most favorable to the plaintiff

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW On June 22, 2020, I filed a ballot challenge against U.S. Representative Andy Barr pursuant to KRS (Kentucky Revised Statutes) 118.176. It was never decided on the merits. 1. May any trial court in Kentucky dismiss a civil action for failure to state a claim without ever having construed the initiating pleading in the light most favorable to the plaintiff or movant? 2. If a circuit court dismisses a ballot challenge filed pursuant to KRS 118.176 for the sole reason that the definition of “a bona fide candidate” is not what the Legislature said it is in Section (1) of the statute, may the Kentucky Court of Appeals dismiss the Movant's motion to set aside and the Movant's ; regular appeal without ever reaching the merits?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2021-12-02
Petition for a writ of certiorari filed. (Response due January 10, 2022)

Attorneys

Geoffrey M. Young
Geoffrey M. Young — Petitioner