Michael Mitchell v University of Kentucky

I'll be taking a vacation day and going to this as well. As a U.K. employee, I am VERY interested in how this case will come out.

I would like to attend this myself, can someone please inform me of where I need to go?

KYGlockster said:

I would like to attend this myself, can someone please inform me of where I need to go?

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Will you be coming from Ashland Glockster?

State Capitol
700 Capital Avenue
Frankfort, Kentucky 40601
(502) 564-5444

Directions:
I-64 to Exit 53B - Frankfort/Lawrenceburg

Merge onto US-127 South toward Frankfort

Follow US-127 for approximately 2 miles.

Turn right onto Louisville Road/US-60.

Stay in left lane and turn left onto Lafayette Drive when lane becomes turn only.

Straight at the bottom of the hill, you will be at the back of the capitol building.

Yes sir, thank you.

Just as an FYI, the oral arguements are also streamed if you can't attend, but have access to a computer or maybe a smart phone.

Oregon University system just went through this...student instead of employee, but basically the same question, same kind of laws.

Oregon University system lost. http://www.courthousenews.com/2011/11/08/41292.htm

Thanks gutshot, I will see you all there..One more thing, I checked the website and not certain on this, does this begin at 11 a.m.?

KYGlockster said:

Thanks gutshot, I will see you all there..One more thing, I checked the website and not certain on this, does this begin at 11 a.m.?

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It is 11am.

gutshot said:

Thanks. I've been watching, too, but hadn't looked for several days. I'll be there for the oral arguments and decision.

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When do they announce the decision?

MrOverlay said:

There will not be a decision as such. The court will issue an opinion 4-6 weeks later.

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Man the wheels of Justice do move slowly!

Comm said:

Man the wheels of Justice do move slowly!

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I want them to take all the time they need to get it right. Remember, whatever we think is right, or want to be right, only stands until four SC justices say it isn't.

gutshot said:

Michael Mitchell has been waiting since April of 2009

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I only hope it's worth the wait.

Although obviously I haven't read every case that's went before the KSC, the ones I have, they have not disappointed with their rulings. Good sound logic. I suspect this will be no different.

UnfetteredMight said:

Although obviously I haven't read every case that's went before the KSC, the ones I have, they have not disappointed with their rulings. Good sound logic. I suspect this will be no different.

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IIRC the Ky Supreme Court reverses approximately 80% of the cases it hears. So there was either something in the decision they didn't like, or there is a question on the laws the want to answer.

gutshot said:

I'd like to believe this, but would like to see some evidence. I went to the KSC website and looked through a few past cases and could not confirm your assertion. It seemed most decisions were affirmed. Granted, I only went back about 8 months and that's not enough on which to make any conclusions, but would like to know how/where you got this information and what its based on.

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I know that my family has an appeal that has been taken up by the KSC. Our attorney stated it was a positive(but not absolute) sign that they granted discretionary review as statistically they have reversed about 80% of cases they have reviewed. I just accepted that as a likely fact coming from an Attorney(granted they may not always be wise).

gutshot said:

I'd like to believe this, but would like to see some evidence. I went to the KSC website and looked through a few past cases and could not confirm your assertion. It seemed most decisions were affirmed. Granted, I only went back about 8 months and that's not enough on which to make any conclusions, but would like to know how/where you got this information and what its based on.

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Here you go, a brief search for some related info:

http://news.lawreader.com/?p=3349

In 2010 The Supreme Court of Kentucky reversed 43 of 58 civil cases or 74.137%. It reversed 22 out of 33 criminal cases or 66.667%.

Let us all remember how Justice Scott will vote.

http://www.lex18.com/news/justice-scott-seeks-re-election-to-state-supreme-court/

gutshot said:

Justice Scott may be the most pro-gun Justice on the Supreme Court. He is reported to have a CCDW and carry under his robe while on the bench. If Mitchell doesn't get Justice Scott's vote, he may not get any. I wonder at the timing of this news article. It seems like a warning to Justice Scott. Oral arguements in the Mitchell case are in less than 3 weeks. Why does a Lex. TV station comment on a Supreme Court election this far in advance? UK is in Lex., isn't it?

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That it is. You thinking this might not be good for our boy?

gutshot said:

Justice Scott may be the most pro-gun Justice on the Supreme Court. He is reported to have a CCDW and carry under his robe while on the bench. If Mitchell doesn't get Justice Scott's vote, he may not get any. I wonder at the timing of this news article. It seems like a warning to Justice Scott. Oral arguements in the Mitchell case are in less than 3 weeks. Why does a Lex. TV station comment on a Supreme Court election this far in advance? UK is in Lex., isn't it?

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Sometimes a news article is just a news article. I doubt that Justice Scott is overly concerned about The Lexington Herald anyhow, his district encompasses just about everything from Hazard to Morehead and Ashland to Pikeville. I'm sure that vast majority of his constituency supports the right to bear arms. I think your weakest support for the 2nd Amendment comes from areas like Lexington and Louisville, but even then I think a majority supports gun rights. I think this has a great chance to be reversed for a few reasons:

1. The Supreme Court took it as a direct appeal(which is fairly uncommon, most of its appeals come after an appellate court took a swing at it.)
2. The odds are with reversal in the first place. #1 and #2 tell me the Justices saw something in the decision they didn't like.
3. The parking lot law was written after the law stating Colleges could regulate the campus, generally it is assumed that the newest law takes precedent if a conflict exist, as the general assembly was aware of the old law when the new one was passed.

No the problem I see with this appeal is the fact that Michael Mitchell is was both an employee and student(the parking lot law doesn't shield students from action), but can UK fire an employee because they didn't something wrong as a student? If they had just expelled him from the University but retained him as an employee I don't think Mitchell would have had a legal leg to stand on.

Now remember, practically speaking, if this decision does come back bad it probably won't have an effect on most of us(unless your a college or university employee). But any 2nd Amendment victory or defeat should be rejoiced or feared by all.

Anyone else going to the the KYSC this Wednesday at 11am?