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

Paid petition · Court of Appeals of Kentucky, No. 2021-CA-0713-MR · judgment September 23, 2022


Certiorari denied · January 16, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question 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 KRS 413.245 Legal Malpractice. "—One (1) year from the date of the occurrence or from the date when the cause ofaction was, or reasonably should have been discovered bv the party injured. Time shall not commence against a party under leered 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

Counsel of record

For petitioner
Michael Smith

For respondent
Michael Patrick Abate
Kaplan Johnson Abate & Bird LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 16 2024
    Petition DENIED.
  2. Dec 27 2023
    DISTRIBUTED for Conference of 1/12/2024.
  3. Dec 19 2023
    Waiver of right of respondents Patrick Nash and Nash Marshall, PLLC to respond filed.
  4. Dec 12 2023
    Brief of respondents Steve Milner in opposition filed.
  5. Dec 06 2023
    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.
  6. Nov 27 2023
    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.
  7. Sep 01 2023
    Petition for a writ of certiorari filed. (Response due December 18, 2023)