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Geoffrey M. Young v. Garland "Andy" Barr
Paid petition · Court of Appeals of Kentucky, No. 2020-CA-001059-MR · judgment May 11, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
On June 22, 2020,1 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.
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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?
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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?
Counsel of record
For petitioner
Geoffrey M. Young
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 22 2022Petition DENIED.
- Jan 26 2022DISTRIBUTED for Conference of 2/18/2022.
- Dec 02 2021Petition for a writ of certiorari filed. (Response due January 10, 2022)