Friday, February 14, 2014

Judge Shepherd Denies TEA Party Activist in Anti-Common Core Case

Plaintiff lacked standing, Failed to state Claim

Suit Ends in Circuit Court

Adams to Appeal

Before the ink was dry on Franklin County Circuit Court Judge Phillip Shepherd’s order – indeed, even before the Judge had signed the court order denying Don Quixote de Nicholasville’s Motion to Reconsider - TEA Party Activist David Adams had filed a notice of appeal with the Kentucky Court of Appeals. Here's Judge Shepherd's order.

On one hand, it makes sense. Everyone in the state knew with reasonable certainty that Adams’ Motion - like his suit challenging Kentucky’s adoption of Common Core - had no prayer of success. 

And one supposed Adams had to be cautious. Had Judge Shepherd struck Adams’ motion, it might have muddled the 30-day time period for appeal.

But on the other hand, Adams’ appeal could get knocked back by the Court of Appeals because the Circuit Court had not entered a final ruling in the case, pending Adams’ Motion to Reconsider.

Worst case scenario for Adams? He might have to re-file his motion with the appeals court.

Interestingly, Adams, the "President" of Kentucky Citizens Judicial, had to beg his Facebook followers for “an emergency” $200 to make the filing fee. 

If the Court of Appeals makes him re-file, will that cost his friends another wasted $200?

In any case, it looks like future blog fodder to me.

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