No. 23-516

Michael D. Smith v. Derek Gordon, et al.

Lower Court: Kentucky
Docketed: 2023-11-16
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights constitutional-violation due-process fifth-amendment immunity legal-immunity legal-malpractice prisoner-rights standing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-01-12
Question Presented (AI Summary)

Will this court let stand as Kentucky courts have ruled that lawyers in a criminal case have the same immunity as judges and prosecutors and cannot be sued no matter what they do?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1 Will this court let stand as Kentucky courts have ruled that lawyers in a criminal case, in essence have the same IMMUNITY as judges and prosecutors, and cannot be SUED no matter what they do? 2 Will this court allow a trial judge to deny a person the chance to PROVE his case before DISMISSING it. 3 Will this court allow a trial judge to deny a plaintiff the right to ask his subpoenaed witness, (former US ATTORNEY), questions at a motion to dismiss hearing? (Why was your name on the fake indictment not signed?) (Did the grand jury return a NO BILL of INDICTMENT on me as this FBI letter states?). 4 ARS 413.245 Legal Malpractice, "---One (1) year from the date of the occurrence or from the date when the cause of action was, or reasonably should have been discovered by the party injured. Time shall not commence against a party under legal disability until removed of the disability.". Does being in prison no longer a legal disability, and a prisoner has to sue his lawyer for malpractice while in prison. 5 Can the courts in Kentucky now rule a case is Time Barred when you didn't know for sure there was No Indictment, until after being released from prison? 6 Is it now allowed for all the other lawyers, even the ii ones who were working for other defendants to commit crimes, being co-conspirators of a crime in railroading innocent people to prisons and they can not be sued. 7 Are news medias now allowed to write and broadcast to the world on TV, that innocent people are crooks and be immune from liability. 8 Will this court interpret the Kentucky case Lawrence v. Bingham, Greenebaum, Doll, L.L.P., 567 S.W.3d 133 (Ky. 2018), for what it clearly reads, "---He or she need not prove actual innocence, but they also may not rely solely upon a claim of actual innocence in the absence of an exonerating court decision through appeal or post-conviction order. I can prove the lawyers, were the proximate cause of the conviction and prison sentence and don't need an exonerating order? 9 Is it a violation of my 5th and 14th Amendments, right to Due Process of Law and Equal Protection of the Law, to have-all of the above done to me? | iii LIST OF APPEALEES, (RESPONDENTS) and THEIR ATTORNEYS | Estate of, Steve Milner; it's attorney; Katherine T. ‘ . Watts, Patiicia C. Le Meur, 716 West Main Street, Suite ! 300, Louisville, KY ’ wt ee aD OTL | 40202 icra ee dtae ben nd . Sg AP yu attest cay Guthrie True, Guarnieri, Ayer, LLP; William Hayes, : William Hayes Law Group; Willis Coffey and Coffey & | Ford, PSC; Julie Roberts Gillum; and Jeff Hoover; their | vwattorney; J.Hadden Dean, 114 South Fourth Stieet,...’ Danville, KY 40422 Gt Patrick Nash, Nash Marshall PLLC, their attorney; : Matthew W. Breetz, 400 W. Market'St. Ste. 1800... Derek Gordon, Rachel Yavelak, Anggelis & Gordon | PLLC.; their attorney; Kyle M. Virgin, 2525 Harrodsburg Road, Suite 500, Lexington, KY 40504-3359 ; . Lexington Herald Leader, The Courier Joural, WLEX Communications LUC, WKYT 27 News, WIVQ 36 : News, WDKY Fox News; Jon L. Flishaker, Michael P. Abate; their attorney; William R. Adams, 500 West Jefferson Street. Suite 1400, Louisville, KY 40202 Joe Jarrell, 6260 Ware Road, Paris, KY 40361, (pro se) Thomas Lyons, 201 West Short Street, Suite 800, | : Lexington, KY 40507, (pro se) | Federal Rules of CriminalProcedtite RULE7, ‘ Lawrence v. Bingham, Greenbaum; Doll, SW3d ' | 183(Ky, 2018). | KRS 413.245 Legal Malpractice: 7 US.'v. Richie, 15 F.3d 593, 598 (6th Cir. 1994) 5th Amendment of the Bill of Rights 14th Amendment of the Bill of Rights Haines v. Kertier; 404 U.S'520 (1971), a Puckett v. Cox, 456 F.2d 233 (1972) 6th Cir. | Bulloch v.. U.S..763: F.2d 1115, 1121. (10th Cir. 1985); Kenner v. C.LR., 387 F.3d 689 (1968). People v..Zajic, 88 Il., App, 34.477, 410. N.E.. 24.626. ; (1980) vii CASES AND LAWS EXPLAINED Federal Rules of Criminal Procedure Rule 7, -indictment MUST. be signed by an attorney for the government. Lawrence v. Bingham, Greenebaum. D

Docket Entries

2024-01-16
Petition DENIED.
2023-12-27
DISTRIBUTED for Conference of 1/12/2024.
2023-12-19
Waiver of right of respondents Patrick Nash and Nash Marshall, PLLC to respond filed.
2023-12-12
Brief of respondents Steve Milner in opposition filed.
2023-12-06
Waiver of right of respondents Guthrie True and the Law Firm of True, Guarnieri, Ayer, LLP; William Hayes and Hayes Law Group; Willis Coffey and Coffey & Ford, PSC; Julie Roberts Gillum and Jeff Hoover to respond filed.
2023-11-27
Waiver of right of respondents The Courier Journal, Inc; The Lexington Herald Leader; WLEX Communications LLC; WKYT 27 News; WTVQ 36 News; and WDKY Fox News to respond filed.
2023-09-01
Petition for a writ of certiorari filed. (Response due December 18, 2023)

Attorneys

Guthrie True and the Law Firm of True, Guarnieri, Ayer, LLP; William Hayes and Hayes Law Group; Willis Coffey and Coffey & Ford, PSC; Julie Roberts Gillum and Jeff Hoover
James Hadden DeanSheehan Barnett Dean Pennington Dexter & Tucker, Respondent
Michael D. Smith
Michael Smith — Petitioner
Patrick Nash and Nash Marshall, PLLC
Bethany A. BreetzStites & Herbison PLLC, Respondent
Steve Milner
Patricia C. Le MeurPhillips Parker Orberson & Arnett, PLC, Respondent
The Courier Journal, Inc; The Lexington Herald Leader; WLEX Communications LLC; WKYT 27 News; WTVQ 36 News; and WDKY Fox News.
Michael Patrick AbateKaplan Johnson Abate & Bird LLP, Respondent