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
Latest Conference: 2024-01-12
Question Presented (from Petition)

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 of action 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
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 he 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?

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?

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