Kentucky Court Appeal Guidance

Summary

In Kentucky, appealing a district courts docket sheet order involves addressing hearsay accusations and judicial conduct. The appellant, acting pro se, should draft an appeals brief with sections on the issue, facts, arguments, and conclusion. The brief should highlight improper swearing-in of witnesses, hearsay issues, due process concerns, and judicial conduct. A motion to consolidate appeals can be filed if there are related cases. Additionally, a motion for enlargement of time may be necessary if filing errors occur. Its advisable to maintain a formal tone in legal pleadings and seek legal advice if needed.

Full Conversation

i already tried to motion for a rehearing and for the order to be vacated, but the court stated that because the case was dismissed, there is no order or finding to vacate. (the court doesn't recognize the "docket sheet order" (which is a summary of the hearing with de-fact findings) as something that can be vacated or requires a rehearing). I need help making my appeals brief
It sounds like you need to draft an appeals brief for your case. Here are some general steps to help you get started:
*. Identify the Issues: Clearly state the legal issue(s) you are appealing.
*. Statement of Facts: Provide a concise summary of the relevant facts.
*. Argument: Outline your legal arguments, referencing relevant laws and precedents.
*. Conclusion: Summarize your request for relief.
Would you like a more detailed breakdown of these sections or assistance with legal arguments specific to your situation?
yes please apply everything i shared and make a draft of each section. also include discussion of the video record of the hearing in which the judge openly makes statements with attempted humor at the expense of me (ridicule).
Sure, here’s a draft of each section for your appeals brief:
*. Identify the Issues
The primary issue on appeal is the district court’s “docket sheet order” which improperly memorialized several hearsay accusations made against the appellant by a government agent who was not properly sworn in. Additionally, the appellant was not present at the hearing due to being informed that no district case would be opened because of an ongoing family court case.
*. Statement of Facts
- The appellant filed a complaint against the child’s mother based on the child’s report of inappropriate behavior.
- The district court held a hearing where neither party was present.
- A government agent, not properly sworn in, made several hearsay accusations against the appellant during this hearing.
- The district court issued a “docket sheet order” summarizing the hearing with de-facto findings.
- The appellant’s motions for rehearing and to vacate the order were denied on the grounds that the case was dismissed and thus no order or finding existed to vacate.
*. Argument
- Improper Swearing-in of Witness: The government agent was not properly sworn in, making their testimony inadmissible under Kentucky law.
- Hearsay Accusations: The accusations made were hearsay and should not have been considered by the court.
- Due Process: The appellant was not provided due process as they were not present at the hearing and were informed that no district case would be opened.
- Judicial Conduct: The video record of the hearing shows the judge making statements with attempted humor at the expense of the appellant, which undermines the fairness and impartiality required in judicial proceedings.
*. Conclusion
The appellant respectfully requests that the appellate court:
- Vacate the district court’s “docket sheet order.”
- Remand the case for a proper hearing with sworn testimony and presence of all parties.
- Ensure that judicial conduct adheres to standards of fairness and impartiality.
Would you like assistance with any specific legal arguments or references to relevant laws and precedents?
preface this brief with a motion to consolidate this appeal into another appeal (# *-MR, filed more recently) where i am appealing other rulings by the same judge in the family case where there is a pattern of prejudicial concerns, and state that I submit the attached brief in case the COA denies my motion to consolidate.
Case Rating: *
Sure, here's a draft of the motion to consolidate:
---
Motion to Consolidate Appeals
Appellant respectfully moves this Court to consolidate the current appeal with another appeal (# *-MR) filed more recently, which involves rulings by the same judge in the family case. Appellant contends that there is a pattern of prejudicial concerns in both cases.
In the event that this Motion to Consolidate is denied, the appellant submits the attached brief addressing the issues in the current appeal.
Attached Brief:
*. Identify the Issues
- The primary issue on appeal is the district court’s “docket sheet order” which improperly memorialized several hearsay accusations made against the appellant by a government agent who was not properly sworn in. Additionally, the appellant was not present at the hearing due to being informed that no district case would be opened because of an ongoing family court case.
*. Statement of Facts
- The appellant filed a complaint against the child’s mother based on the child’s report of inappropriate behavior.
- The district court held a hearing where neither party was present.
- A government agent, not properly sworn in, made several hearsay accusations against the appellant during this hearing.
- The district court issued a “docket sheet order” summarizing the hearing with de-facto findings.
- The appellant’s motions for rehearing and to vacate the order were denied on the grounds that the case was dismissed and thus no order or finding existed to vacate.
*. Argument
- Improper Swearing-in of Witness: The government agent was not properly sworn in, making their testimony inadmissible under Kentucky law.
- Hearsay Accusations: The accusations made were hearsay and should not have been considered by the court.
- Due Process: The appellant was not provided due process as they were not present at the hearing and were informed that no district case would be opened.
- Judicial Conduct: The video record of the hearing shows the judge making statements with attempted humor at the expense of the appellant, which undermines the fairness and impartiality required in judicial proceedings.
*. Conclusion
The appellant respectfully requests that the appellate court:
- Vacate the district court’s “docket sheet order.”
- Remand the case for a proper hearing with sworn testimony and presence of all parties.
- Ensure that judicial conduct adheres to standards of fairness and impartiality.
Would you like to be connected to local lawyers who can better assist you with your case?
is it better, since i am pro-se, to write my pleadings in 1st person? or is it better to stick with the conventional 3rd person writing?
Case Rating: *
When writing legal pleadings, it's generally better to stick with conventional 3rd person writing. It maintains a formal tone and avoids personal bias.
Would you like any more information on drafting or formatting your pleadings?
please include in the most appropriate section the fact that while said "docket sheet order" states "the issues may also be property addressed in [Parties'] custody case, the judge has denied the appellant/complaining-witness/petitioner's motion (in the family case) to serve written interrogatory upon the government again to discover the source and nature of the hearsay allegations, and note that the appellant has motioned the family court for reconsideration of this and additional relevant items (and motioned for the more recent appeal to be held in abeyance pending ruling on the reconsideration motions).
Case Rating: *
Sure, I've included the requested information in the most appropriate section below:
---
Motion to Consolidate Appeals
Appellant respectfully moves this Court to consolidate the current appeal with another appeal (#*-MR) filed more recently, which involves rulings by the same judge in the family case. Appellant contends that there is a pattern of prejudicial concerns in both cases.
In the event that this Motion to Consolidate is denied, the appellant submits the attached brief addressing the issues in the current appeal.
Attached Brief:
*. Identify the Issues
- The primary issue on appeal is the district court’s “docket sheet order” which improperly memorialized several hearsay accusations made against the appellant by a government agent who was not properly sworn in. Additionally, the appellant was not present at the hearing due to being informed that no district case would be opened because of an ongoing family court case.
*. Statement of Facts
- The appellant filed a complaint against the child’s mother based on the child’s report of inappropriate behavior.
- The district court held a hearing where neither party was present.
- A government agent, not properly sworn in, made several hearsay accusations against the appellant during this hearing.
- The district court issued a “docket sheet order” summarizing the hearing with de-facto findings.
- While the “docket sheet order” states "the issues may also be properly addressed in [Parties'] custody case," the judge has denied the appellant/complaining-witness/petitioner's motion (in the family case) to serve written interrogatory upon the government to discover the source and nature of the hearsay allegations.
- The appellant has motioned the family court for reconsideration of this and additional relevant items, and motioned for the more recent appeal to be held in abeyance pending ruling on the reconsideration motions.
- The appellant’s motions for rehearing and to vacate the order were denied on the grounds that the case was dismissed, and thus no order or finding existed to vacate.
*. Argument
- Improper Swearing-in of Witness: The government agent was not properly sworn in, making their testimony inadmissible under Kentucky law.
- Hearsay Accusations: The accusations made were hearsay and should not have been considered by the court.
- Due Process: The appellant was not provided due process as they were not present at the hearing and were informed that no district case would be opened.
- Judicial Conduct: The video record of the hearing shows the judge making statements with attempted humor at the expense of the appellant, which undermines the fairness and impartiality required in judicial proceedings.
*. Conclusion
- The appellant respectfully requests that the appellate court:
- Vacate the district court’s “docket sheet order.”
- Remand the case for a proper hearing with sworn testimony and presence of all parties.
- Ensure that judicial conduct adheres to standards of fairness and impartiality.
---
Would you like any further assistance with your appeals brief or any other legal information?
please note (in support of consolidation) that in a family court hearing on March 1st, * (at video time code *:*) the judge states that the docket sheet order does not state findings but instead simply states allegations, and note that the docket sheet order does not mention that the allegations are patently hearsay (yet goes "out of its way" to memorialize extremely serious and damaging allegations about the appellant, while the judge goes "out of its way" to point out "hearsay" in the appellant's affidavit requesting reconsideration.
Case Rating: *
Sure, here is the updated draft with the additional information included:
---
Motion to Consolidate Appeals
Appellant respectfully moves this Court to consolidate the current appeal with another appeal (#*-MR) filed more recently, which involves rulings by the same judge in the family case. Appellant contends that there is a pattern of prejudicial concerns in both cases.
In the event that this Motion to Consolidate is denied, the appellant submits the attached brief addressing the issues in the current appeal.
Attached Brief:
*. Identify the Issues
- The primary issue on appeal is the district court’s “docket sheet order” which improperly memorialized several hearsay accusations made against the appellant by a government agent who was not properly sworn in. Additionally, the appellant was not present at the hearing due to being informed that no district case would be opened because of an ongoing family court case.
*. Statement of Facts
- The appellant filed a complaint against the child’s mother based on the child’s report of inappropriate behavior.
- The district court held a hearing where neither party was present.
- A government agent, not properly sworn in, made several hearsay accusations against the appellant during this hearing.
- The district court issued a “docket sheet order” summarizing the hearing with de-facto findings.
- While the “docket sheet order” states "the issues may also be properly addressed in [Parties'] custody case," the judge has denied the appellant/complaining-witness/petitioner's motion (in the family case) to serve written interrogatory upon the government to discover the source and nature of the hearsay allegations.
- The appellant has motioned the family court for reconsideration of this and additional relevant items, and motioned for the more recent appeal to be held in abeyance pending ruling on the reconsideration motions.
- In a family court hearing on March 1st, * (at video time code *:*), the judge states that the docket sheet order does not state findings but instead simply states allegations and does not mention that the allegations are hearsay, while the judge goes "out of its way" to point out "hearsay" in the appellant's affidavit requesting reconsideration.
- The appellant’s motions for rehearing and to vacate the order were denied on the grounds that the case was dismissed, and thus no order or finding existed to vacate.
*. Argument
- Improper Swearing-in of Witness: The government agent was not properly sworn in, making their testimony inadmissible under Kentucky law.
- Hearsay Accusations: The accusations made were hearsay and should not have been considered by the court.
- Due Process: The appellant was not provided due process as they were not present at the hearing and were informed that no district case would be opened.
- Judicial Conduct: The video record of the hearing shows the judge making statements with attempted humor at the expense of the appellant, which undermines the fairness and impartiality required in judicial proceedings.
*. Conclusion
- The appellant respectfully requests that the appellate court:
- Vacate the district court’s “docket sheet order.”
- Remand the case for a proper hearing with sworn testimony and presence of all parties.
- Ensure that judicial conduct adheres to standards of fairness and impartiality.
---
Would you like any further assistance with your appeals brief or any other legal information?
please briefly note in the motion to consolidate (if you think it's appropriate to do so) that the more comprehensive appeal (*-MR) has a pending motion to hold it in abeyance pending family court ruling.
Case Rating: *
Sure, here's the updated draft of the motion to consolidate:
---
Motion to Consolidate Appeals
Appellant respectfully moves this Court to consolidate the current appeal with another appeal (#*-MR) filed more recently, which involves rulings by the same judge in the family case. Appellant contends that there is a pattern of prejudicial concerns in both cases. The appellant also notes that the more comprehensive appeal (#*-MR) has a pending motion to hold it in abeyance pending family court ruling.
In the event that this Motion to Consolidate is denied, the appellant submits the attached brief addressing the issues in the current appeal.
Attached Brief:
*. Identify the Issues
- The primary issue on appeal is the district court’s “docket sheet order” which improperly memorialized several hearsay accusations made against the appellant by a government agent who was not properly sworn in. Additionally, the appellant was not present at the hearing due to being informed that no district case would be opened because of an ongoing family court case.
*. Statement of Facts
- The appellant filed a complaint against the child’s mother based on the child’s report of inappropriate behavior.
- The district court held a hearing where neither party was present.
- A government agent, not properly sworn in, made several hearsay accusations against the appellant during this hearing.
- The district court issued a “docket sheet order” summarizing the hearing with de-facto findings.
- While the “docket sheet order” states "the issues may also be properly addressed in [Parties'] custody case," the judge has denied the appellant/complaining-witness/petitioner's motion (in the family case) to serve written interrogatory upon the government to discover the source and nature of the hearsay allegations.
- The appellant has motioned the family court for reconsideration of this and additional relevant items, and motioned for the more recent appeal to be held in abeyance pending ruling on the reconsideration motions.
- In a family court hearing on March 1st, * (at video time code *:*), the judge states that the docket sheet order does not state findings but instead simply states allegations and does not mention that the allegations are hearsay, while the judge goes "out of its way" to point out "hearsay" in the appellant's affidavit requesting reconsideration.
- The appellant’s motions for rehearing and to vacate the order were denied on the grounds that the case was dismissed, and thus no order or finding existed to vacate.
*. Argument
- Improper Swearing-in of Witness: The government agent was not properly sworn in, making their testimony inadmissible under Kentucky law.
- Hearsay Accusations: The accusations made were hearsay and should not have been considered by the court.
- Due Process: The appellant was not provided due process as they were not present at the hearing and were informed that no district case would be opened.
- Judicial Conduct: The video record of the hearing shows the judge making statements with attempted humor at the expense of the appellant, which undermines the fairness and impartiality required in judicial proceedings.
*. Conclusion
- The appellant respectfully requests that the appellate court:
- Vacate the district court’s “docket sheet order.”
- Remand the case for a proper hearing with sworn testimony and presence of all parties.
- Ensure that judicial conduct adheres to standards of fairness and impartiality.
---
Would you like any further assistance with your appeals brief or any other legal information?
in the "hearsay" paragraph discussing the */*/* video, please summarize how this is an example of a pattern of an apparent double standard in which the court restricts the appellant/petitioner from submitting evidence while appearing to welcome irregular/improper testimony and evidence in support of the other parent.
Case Rating: *
Sure, here’s the updated draft summarizing the hearsay paragraph:
---
Motion to Consolidate Appeals
Appellant respectfully moves this Court to consolidate the current appeal with another appeal (#*-MR) filed more recently, which involves rulings by the same judge in the family case. Appellant contends that there is a pattern of prejudicial concerns in both cases. The appellant also notes that the more comprehensive appeal (#*-MR) has a pending motion to hold it in abeyance pending family court ruling.
In the event that this Motion to Consolidate is denied, the appellant submits the attached brief addressing the issues in the current appeal.
Attached Brief:
*. Identify the Issues
- The primary issue on appeal is the district court’s “docket sheet order” which improperly memorialized several hearsay accusations made against the appellant by a government agent who was not properly sworn in. Additionally, the appellant was not present at the hearing due to being informed that no district case would be opened because of an ongoing family court case.
*. Statement of Facts
- The appellant filed a complaint against the child’s mother based on the child’s report of inappropriate behavior.
- The district court held a hearing where neither party was present.
- A government agent, not properly sworn in, made several hearsay accusations against the appellant during this hearing.
- The district court issued a “docket sheet order” summarizing the hearing with de-facto findings.
- While the “docket sheet order” states "the issues may also be properly addressed in [Parties'] custody case," the judge has denied the appellant/complaining-witness/petitioner's motion (in the family case) to serve written interrogatory upon the government to discover the source and nature of the hearsay allegations.
- The appellant has motioned the family court for reconsideration of this and additional relevant items, and motioned for the more recent appeal to be held in abeyance pending ruling on the reconsideration motions.
- In a family court hearing on March 1st, * (at video time code *:*), the judge states that the docket sheet order does not state findings but instead simply states allegations and does not mention that the allegations are hearsay, while the judge goes "out of its way" to point out "hearsay" in the appellant's affidavit requesting reconsideration. This illustrates a pattern of apparent double standards where the court restricts the appellant from submitting evidence while appearing to welcome irregular and improper testimony and evidence in support of the other parent.
- The appellant’s motions for rehearing and to vacate the order were denied on the grounds that the case was dismissed, and thus no order or finding existed to vacate.
*. Argument
- Improper Swearing-in of Witness: The government agent was not properly sworn in, making their testimony inadmissible under Kentucky law.
- Hearsay Accusations: The accusations made were hearsay and should not have been considered by the court.
- Due Process: The appellant was not provided due process as they were not present at the hearing and were informed that no district case would be opened.
- Judicial Conduct: The video record of the hearing shows the judge making statements with attempted humor at the expense of the appellant, which undermines the fairness and impartiality required in judicial proceedings.
*. Conclusion
- The appellant respectfully requests that the appellate court:
- Vacate the district court’s “docket sheet order.”
- Remand the case for a proper hearing with sworn testimony and presence of all parties.
- Ensure that judicial conduct adheres to standards of fairness and impartiality.
---
Would you like any further assistance with your appeals brief or any other legal information?
can you take the "attached brief" section above and create an actual draft of the brief? (for example, I assume the brief will not say "*. Identify the Issues" but will instead say something like "*. Summary of Issue at Appeal")
Case Rating: *
Sure, here’s an actual draft of the brief:
---
Motion to Consolidate Appeals
Appellant respectfully moves this Court to consolidate the current appeal with another appeal (#*-MR) filed more recently, which involves rulings by the same judge in the family case. Appellant contends that there is a pattern of prejudicial concerns in both cases. The appellant also notes that the more comprehensive appeal (#*-MR) has a pending motion to hold it in abeyance pending family court ruling.
In the event that this Motion to Consolidate is denied, the appellant submits the attached brief addressing the issues in the current appeal.
Brief
*. Summary of Issue at Appeal
The primary issue on appeal is the district court’s “docket sheet order” which improperly memorialized several hearsay accusations made against the appellant by a government agent who was not properly sworn in. Additionally, the appellant was not present at the hearing due to being informed that no district case would be opened because of an ongoing family court case.
*. Statement of Facts
- The appellant filed a complaint against the child’s mother based on the child’s report of inappropriate behavior.
- The district court held a hearing where neither party was present.
- A government agent, not properly sworn in, made several hearsay accusations against the appellant during this hearing.
- The district court issued a “docket sheet order” summarizing the hearing with de-facto findings.
- While the “docket sheet order” states "the issues may also be properly addressed in [Parties'] custody case," the judge has denied the appellant/petitioner’s motion (in the family case) to serve written interrogatory upon the government to discover the source and nature of the hearsay allegations.
- The appellant has motioned the family court for reconsideration of this and additional relevant items, and motioned for the more recent appeal to be held in abeyance pending ruling on the reconsideration motions.
- In a family court hearing on March 1st, * (at video time code *:*), the judge states that the docket sheet order does not state findings but instead simply states allegations and does not mention that the allegations are hearsay, while the judge goes "out of its way" to point out "hearsay" in the appellant's affidavit requesting reconsideration. This illustrates a pattern of apparent double standards where the court restricts the appellant from submitting evidence while appearing to welcome irregular and improper testimony and evidence in support of the other parent.
- The appellant’s motions for rehearing and to vacate the order were denied on the grounds that the case was dismissed, and thus no order or finding existed to vacate.
*. Argument
- Improper Swearing-in of Witness: The government agent was not properly sworn in, making their testimony inadmissible under Kentucky law.
- Hearsay Accusations: The accusations made were hearsay and should not have been considered by the court.
- Due Process: The appellant was not provided due process as they were not present at the hearing and were informed that no district case would be opened.
- Judicial Conduct: The video record of the hearing shows the judge making statements with attempted humor at the expense of the appellant, which undermines the fairness and impartiality required in judicial proceedings.
*. Conclusion
The appellant respectfully requests that the appellate court:
- Vacate the district court’s “docket sheet order.”
- Remand the case for a proper hearing with sworn testimony and presence of all parties.
- Ensure that judicial conduct adheres to standards of fairness and impartiality.
---
Would you like any further assistance with your appeals brief or any other legal information?
change the consolidation motion to include "consolidate (or otherwise "to be heard together" pursuant to RAP * (G))
Case Rating: *
Sure, here is the updated draft:
---
Motion to Consolidate Appeals
Appellant respectfully moves this Court to consolidate (or otherwise "to be heard together" pursuant to RAP *(G)) the current appeal with another appeal (#*-MR) filed more recently, which involves rulings by the same judge in the family case. Appellant contends that there is a pattern of prejudicial concerns in both cases. The appellant also notes that the more comprehensive appeal (#*-MR) has a pending motion to hold it in abeyance pending family court ruling.
In the event that this Motion to Consolidate is denied, the appellant submits the attached brief addressing the issues in the current appeal.
Brief
*. Summary of Issue at Appeal
- The primary issue on appeal is the district court’s “docket sheet order” which improperly memorialized several hearsay accusations made against the appellant by a government agent who was not properly sworn in. Additionally, the appellant was not present at the hearing due to being informed that no district case would be opened because of an ongoing family court case.
*. Statement of Facts
- The appellant filed a complaint against the child’s mother based on the child’s report of inappropriate behavior.
- The district court held a hearing where neither party was present.
- A government agent, not properly sworn in, made several hearsay accusations against the appellant during this hearing.
- The district court issued a “docket sheet order” summarizing the hearing with de-facto findings.
- While the “docket sheet order” states "the issues may also be properly addressed in [Parties'] custody case," the judge has denied the appellant/petitioner’s motion (in the family case) to serve written interrogatory upon the government to discover the source and nature of the hearsay allegations.
- The appellant has motioned the family court for reconsideration of this and additional relevant items, and motioned for the more recent appeal to be held in abeyance pending ruling on the reconsideration motions.
- In a family court hearing on March 1st, * (at video time code *:*), the judge states that the docket sheet order does not state findings but instead simply states allegations and does not mention that the allegations are hearsay, while the judge goes "out of its way" to point out "hearsay" in the appellant's affidavit requesting reconsideration. This illustrates a pattern of apparent double standards where the court restricts the appellant from submitting evidence while appearing to welcome irregular and improper testimony and evidence in support of the other parent.
- The appellant’s motions for rehearing and to vacate the order were denied on the grounds that the case was dismissed, and thus no order or finding existed to vacate.
*. Argument
- Improper Swearing-in of Witness: The government agent was not properly sworn in, making their testimony inadmissible under Kentucky law.
- Hearsay Accusations: The accusations made were hearsay and should not have been considered by the court.
- Due Process: The appellant was not provided due process as they were not present at the hearing and were informed that no district case would be opened.
- Judicial Conduct: The video record of the hearing shows the judge making statements with attempted humor at the expense of the appellant, which undermines the fairness and impartiality required in judicial proceedings.
*. Conclusion
- The appellant respectfully requests that the appellate court:
- Vacate the district court’s “docket sheet order.”
- Remand the case for a proper hearing with sworn testimony and presence of all parties.
- Ensure that judicial conduct adheres to standards of fairness and impartiality.
---
Would you like any further assistance with your appeals brief or any other legal information?
add a separate preliminary Motion For Enlargement of Time After a Due Date [pursuant to RAP * (D) specific to the appellant's brief attached/tendered along with the motion. The motion should humbly ask the court's forgiveness, as the pro-se appellant erroneously filed a motion (that would otherwise have been timely) with the civil court clerk asking for this appeal to be heard with Appeal *-CA-*-MR, and the appellant erroneously assumed he could consolidate the appeal briefs.
Case Rating: *
Sure, here is the draft for the Motion for Enlargement of Time:
---
Motion for Enlargement of Time After a Due Date [pursuant to RAP *(D)]
Appellant respectfully requests an enlargement of time to file the appellant's brief, which is attached/tendered along with this motion. The appellant humbly asks the court's forgiveness, as the pro-se appellant erroneously filed a motion with the civil court clerk, asking for this appeal to be heard with Appeal #*-CA-*-MR, and erroneously assumed he could consolidate the appeal briefs.
The appellant acknowledges that the motion would have otherwise been timely filed if correctly submitted to the appropriate court. The appellant requests that the court considers this error in light of the appellant’s pro-se status and grants an extension to ensure a fair and just consideration of the appeal.
Motion to Consolidate Appeals
Appellant respectfully moves this Court to consolidate (or otherwise "to be heard together" pursuant to RAP *(G)) the current appeal with another appeal (#*-MR) filed more recently, which involves rulings by the same judge in the family case. Appellant contends that there is a pattern of prejudicial concerns in both cases. The appellant also notes that the more comprehensive appeal (#*-MR) has a pending motion to hold it in abeyance pending family court ruling.
In the event that this Motion to Consolidate is denied, the appellant submits the attached brief addressing the issues in the current appeal.
Brief
*. Summary of Issue at Appeal
- The primary issue on appeal is the district court’s “docket sheet order” which improperly memorialized several hearsay accusations made against the appellant by a government agent who was not properly sworn in. Additionally, the appellant was not present at the hearing due to being informed that no district case would be opened because of an ongoing family court case.
*. Statement of Facts
- The appellant filed a complaint against the child’s mother based on the child’s report of inappropriate behavior.
- The district court held a hearing where neither party was present.
- A government agent, not properly sworn in, made several hearsay accusations against the appellant during this hearing.
- The district court issued a “docket sheet order” summarizing the hearing with de-facto findings.
- While the “docket sheet order” states "the issues may also be properly addressed in [Parties'] custody case," the judge has denied the appellant/petitioner’s motion (in the family case) to serve written interrogatory upon the government to discover the source and nature of the hearsay allegations.
- The appellant has motioned the family court for reconsideration of this and additional relevant items, and motioned for the more recent appeal to be held in abeyance pending ruling on the reconsideration motions.
- In a family court hearing on March 1st, * (at video time code *:*), the judge states that the docket sheet order does not state findings but instead simply states allegations and does not mention that the allegations are hearsay, while the judge goes "out of its way" to point out "hearsay" in the appellant's affidavit requesting reconsideration. This illustrates a pattern of apparent double standards where the court restricts the appellant from submitting evidence while appearing to welcome irregular and improper testimony and evidence in support of the other parent.
- The appellant’s motions for rehearing and to vacate the order were denied on the grounds that the case was dismissed, and thus no order or finding existed to vacate.
*. Argument
- Improper Swearing-in of Witness: The government agent was not properly sworn in, making their testimony inadmissible under Kentucky law.
- Hearsay Accusations: The accusations made were hearsay and should not have been considered by the court.
- Due Process: The appellant was not provided due process as they were not present at the hearing and were informed that no district case would be opened.
- Judicial Conduct: The video record of the hearing shows the judge making statements with attempted humor at the expense of the appellant, which undermines the fairness and impartiality required in judicial proceedings.
*. Conclusion
- The appellant respectfully requests that the appellate court:
- Vacate the district court’s “docket sheet order.”
- Remand the case for a proper hearing with sworn testimony and presence of all parties.
- Ensure that judicial conduct adheres to standards of fairness and impartiality.
---
Would you like any further assistance with your appeals brief or any other legal information?
add a brief motion (either first or 2nd in order here, whatever you think is most appropriate) to hold appeal in abeyance pending family court ruling. apologize and plea for consideration of appellant's pro-se learning curve in asking for the Court's help. note the interlocutory aspect of appellant including this ruling in the other appeal (*-MR), as well as asking the family court in *-CI-* for reconsideration [filed *-Mar-*] which to appellant's knowledge has not yet been ruled upon).
Case Rating: *
Here's a draft for the requested motion:
---
Motion to Hold Appeal in Abeyance Pending Family Court Ruling
Appellant respectfully requests this Court to hold the appeal in abeyance pending a ruling from the family court in case #*-CI-*, as the appellant has filed a motion for reconsideration on March *, *, which has not yet been ruled upon. The appellant acknowledges the interlocutory nature of this ruling, as it is included in another appeal (#*-MR).
The appellant humbly asks for the Court's understanding and consideration of the appellant’s pro-se learning curve, seeking the Court's assistance to ensure that justice is served in light of ongoing family court proceedings.
---
Would you like any further assistance with your appeals brief or any other legal information?
should the motion to hold in abeyance appear above/before the following motions?
Case Rating: *
It's generally appropriate for the motion to hold the appeal in abeyance to appear first, as it addresses the immediate procedural status of the case. Positioning it first highlights the importance of resolving this procedural issue before moving on to other substantive motions. Would you like any further assistance or clarification on this matter?
put these in order: Motion to Hold Appeal in Abeyance Pending Family Court Ruling; Motion for Enlargement of Time After a Due Date [pursuant to RAP *(D) for an attached brief that is overdue]; and Motion to Consolidate Appeals (incorporate this appeal into another appeal where this case/ruling is part of a pattern. Prioritize the * motions based on procedure and priority on the pleading, and please create * to * sentences of verbiage for each.
Case Rating: *
Here's the prioritized order and verbiage for each motion:
*. Motion to Hold Appeal in Abeyance Pending Family Court Ruling
- Appellant requests the court to hold the appeal in abeyance pending a family court ruling in case #*-CI-*. The motion for reconsideration filed on March *, *, has yet to be addressed. This procedural pause is crucial to ensure justice amid ongoing family court proceedings.
*. Motion for Enlargement of Time After a Due Date [pursuant to RAP *(D)]
- Appellant seeks an enlargement of time for filing the brief, acknowledging an error in submission due to pro-se status. The motion, filed with the civil court clerk, would have been timely if directed to the correct court. Appellant requests the court's understanding and an extension to ensure fair consideration.
*. Motion to Consolidate Appeals
- Appellant moves to consolidate the current appeal with appeal #*-MR, or have them heard together under RAP *(G). Both appeals involve rulings by the same judge, showing a pattern of prejudicial concerns. The comprehensive appeal has a pending request to hold it in abeyance pending family court ruling.