POST-TRIAL WILL CONTEST FILINGS & COURT OF APPEAL FILINGS

➡️Before the Submission of Chandler’s Appeal Brief on September 1, 2015.

July 28, 2014  —          Downey’s Response to Motion to Supplement Record on Appeal. It was Downey’s first filing with the Court of Appeals and contained deliberate false information.

July 30, 2014 — Downey started off using the United States Postal Service within his first filing with the Court of Appeals, which contained intentional lies. Regardless, Downey placed his initial response in the actual United States Postal Services, (in the mail.) Envelope

August 14, 2014 — Filed a Motion Seeking Permission to resubmit a Reply to Downey’s False assertions.

August 15, 2014 — Order of the Court of Appeals, in which Judge Acree Ruled that Judge Williams would be in the best position to determine whether the two probate cases were ever introduced or considered by the trial court.

BACK TO THE CIRCUIT COURT, where JUDGE WILLIAMS gets to DECIDE IF THE TWO PROBATE CASES — AT THE CENTER OF THE APPEAL – COULD BE INCLUDED WITHIN THE RECORD ON APPEAL!

August 22, 2014 — Motion to Supplement Record on Appeal. (As directed by the Court of Appeals, I filed same motion to supplement the record on appeal, in Circuit Court, back in front of Judge Williams, with a Hearing set for September 11, 2014.)

September 5, 2014 — Downey submitted a Contradictory Response to the Motion in Circuit Court, then what he previously asserted in his first filing with the Court of Appeals.

“The Will of Mary Katherine Chandler (Plaintiff’s Exhibit 4) and the Will of Harold Keith Chandler (Plaintiff’s Exhibit 6) were both considered by the court and are properly included in the appellate record. Further, in Order entered on June 12, 2014, the Court admitted Plaintiff’s Proffer of evidence relating to the probate estate of Mary Katherine Chandler.”

Paragraph 1: “Plaintiff Steve Chandler, ……..testimony concerning his brother’s non-performance regarding  the distribution of the personal property in his mother’s estate. Testimony from the relatives listed above about what was promised to them by Mary Katherine Chandler and their repeated attempts to retrieve said property.”

Aside from both wills and the testimony specifically allowed in the proffer, the probate records of Mary Katherine Chandler and Harold Keith Chandler were not introduced by the parties nor considered by the court.”

Two weeks before trial Steven Downey submitted a motion to stipulate, to the contents of the two probate cases, Harold Keith Chandler and Mary Katherine Chandler. This should leave anyone asking why is he fighting so hard to prevent the inclusion of these two probate cases in the record on appeal. The answer became readily apparent during the September 11, 2014 Hearing, back in front of Judge Williams in Circuit Court.

 September 11, 2014 –HEARING with Supplemental Reply in front of Judge Williams, to seek approval to include the two probate cases, part of the record on appeal.

September 26, 2014 –Motion to Continue Period of Abatement  – Pursuant to Court of Appeals Order, date August 15, 2014, I had to file a Motion to Continue Period of Abatement, every 45 days, while waiting on Judge Williams to issue an Order. I had to file a second Motion on December 4, 2014, because Judge Williams still had not issued a ruling.

December 9, 2014 —       Notice & Judge Williams, December 9, 2014, Order filed with the Court of Appeals

 December 22, 2014 —Motion for Permission To Amend Notice of Appeal to include Judge Williams December 9, 2014, Order. (Including the Amended Notice of Appeal and Amended Designation of Record on Appeal.)

January 5, 2015 —   Downey’s Combined Response to Chandler’s Motion to Supplement Record and Motion for Permission to Amend the Notice of Appeal.

January 9, 2015  —   Chandler’s Motion for Leave to File a Reply to Downey’s Response to Chandler’s Motion to Amend Notice of Appeal, to include December 9, 2014 Order.

January 11, 2015  —   Motion for Leave to File Excess of Page Limit with (10) Page attached Memorandum  

January 16, 2015 —   Downey’s Response to Chandler’s Request for additional pages.

STEVE DOWNEY’S FALSE DEPICTION -January 16, 2015

  • Appellant submitted his unnumbered 10-page memorandum attached to his motion -a motion that purportedly does not “disparage any parties” -Appellant generally complain as follows:
  • (1) Appellees’ counsel and the trial judge conspired to deny Appellant a fair trial because the Court struck parts of the complaint and excluded matters form the record on appeal;
    • (2) the trial judge and Chief Circuit Judge engaged in an “improper” conversation about Appellant’s counsel, apparently behind Appellant’s counsel’s back, made for “sole purpose of slandering counsel’s reputation;”
  • (3) Appellant’s Counsel was the victim of “bullying” by the Court and Appellees’ counsel;
    • (4) there were “intentional mischaracterization of facts and sequence of events, which seemed to serve the sole purpose of padding the record in defendant’s favor and attempt to paint Plaintiff’s counsel in a false light”;
    • (5) Appellant (or his counsel) was somehow prejudiced by the addition of new counsel for Appellees at trial;
    • (6) Appellees’ counsel’s evidentiary objections at trial were somehow designed to make Appellant’s counsel “look bad in front of the jury.” Appellant also complains about procedural issues regarding issues which have already been addressed in motion practice on appeal.
      • Downey placed a FOOTNOTE: “the Court will note that this is Appellant’s eighth procedural motion, and there has yet to be briefing.
  • The Court should deny Motion for additional pages, CR 76.12(4)(b)(i) is a good rule. It forces parties to narrow the issues on appeal an edit their arguments appropriately. In any event, twenty-five page is clearly sufficient to address any meritorious issues in a case with average size of record on appeal from…..
  • There is no cause for page extension, if the Court is inclined to grant the motion, Appellees request the same number to respond.

January 22, 2015 —   Chandler’s Motion to Strike Downey’s Response or/in the Alternative Combined Motion for Leave to File Reply to Downey’s Response – with tendered Reply

 January 20, 2015  — Downey’s Response to Motion for Leave to File a Reply.

-January 20, 2015

  • CR 76.3 Titled “Motion” allows for a motion and a response. Appellant filed a motion. Appellees filed a response. The rule does not contemplate a reply.
  • For that reason, the motion for leave to file a reply should be denied.
  • Neither the rule allows for this type of amendment.
  • Appellant also attempted to have the circuit court clerk include in the record the very maters exclude.
  • This is also not supported by rules.
  • Appellees do not believe that, by pointing this out, it is somehow a mischaracterization of the rules of procedures, a cover-up, or a fraud on the court as alleged by the Appellant.
  • To be clear, Appellees dispute the improper allegations contained in the motion and proposed reply, and if Appellant continues to disparage counsel or the trial court in future pleadings, or persists inappropriate motions, Appellees reserve the right to as for appropriate relief.

When in reality I brought the Court’s attention to Steven Downey’s misappropriation of funds, and Keith Chandler’s 401K, Brucie Moore failed to disclose to the Court, as well as addressing issues that both myself and Steve Chandler has taken with her direct false depiction of Steve Chandler’s Proffer. Judge Williams adopted almost verbatim the proposed order submitted by Steven Downey, but went even a step further revealing her bias, by swapping out the two terms Limine Order for General Order.

Steven Downey does not address any of the accusations which established that he has in fact made several false assertions throughout. IGNORES THEM COMPLETELY! But then goes onto to threaten me for filing motions, seeking permission to submit a Reply to ensure the veracity of the record.

DOWNEY LIED IN EVERY SINGLE FILING WITH THE COURT OF APPEALS. Downey submitted a condescending Response Objecting to all of Chandler’s Motions to submit a Reply to HIS fraudulently fabricated Responses.

February 2, 2015  — Downey’s Combined Response to Chandler’s Motion to Strike or in the alternative Motion for leave to File a Reply, to Chandler’s Request for excess pages.

May 18, 2015          —         ORDER OF COURT May 18, 2015 Order – Denying every single attempt to submit a Reply to ensure the veracity of the Record – Signature stamp of Kelly Thompson OF Court OF APPEALS

                                          D. Lambert; Maze; and Kelly Thompson

Despite being given direct evidence showing Downey’s endless attempts to pad the record with false information, the Court of Appeals Order DENIED all Motions filed to submit a Reply, the Downey’s False assertions, to ensure the veracity of the Record.

Since the burden was on Chandler to ensure that the Court of Appeals was presented with the necessary documentation to support the arguments and issues, that he intended to present on appeal, the COA’s Order passing the issue onto the merit panel assigned to the case, placed Chandler in a conundrum of sorts.

The three-judge merit panel, isn’t even assigned until after the briefing is complete. I filed a request seeking guidance and clarification, as to whether Chandler should include the probate papers within the appendix, or as an attachment to his brief. Downey Responded with his usual condescending manner, wherein he attempted to mock or belittle me for not understanding the simplicity of the Court of Appeals Order, on the matter. (AGAIN… keep this in mind, for later Kentucky Supreme Court Order Suspending me, from the practice of law.) The actual filings can be found on the Post-trial / Post-Briefing page.

June 8, 2015          —  Downey’s Condescending Response To Motion For Clarification Motion

July 9, 2015            —  Chandler’s Motion for Extension of time To File His Brief

July 20, 2015         —  Downey’s Response For Extension Of Time To File Brief.

                                          (Wherein he graciously allotted me 15 more days.)

July 30, 2015   —  Emergency Motion for Extension of Time to file Brief with Affidavit of Cindy Linton, due to the unexpected death of my mother.

August 3, 2015 —        ORDER OF COURT OF APPEALS

August 4, 2015  —  Emergency Motion for Extension of time filed by me!

I had to file one myself after someone named Doris, called my office and spoke with my colleague, and informed her that the Court of Appeals could not accept the previous Emergency Motion that she filed on my behalf, because she was not an “attorney of record” on the case.

My colleagues filing was later returned to her office in a handwritten envelope, with nothing more than a post-it note, which simply stated Per our conversations, these are being returned. No notation was ever made of record, until weeks later, when I contacted Samuel Givens. Steven Downey was served on the Emergency Motion, but somehow knew there was no reason for him to submit a response to the one my colleague filed.

August 11, 2015  —      Downey’s Response to Emergency Motion for Extension of Time, due to my mother’s passing.

Ironically, the two Emergency Motion for Extension of time submitted at the same time, by the same colleague, was met by the Court of Appeals with zero objections and was properly filed.

THE REASON BEING IS THAT BECAUSE, NOBODY AT THE COURT OF APPEALS, HAD ANY IDEA THESE TWO MOTIONS WOULD BE FILED IN THE ESTATE OF MARY KATHERINE..., which goes directly to establish someone was assisting Downey and Moore in their never-ending efforts to falsely pad the record, and conceal Downey, Moore and Williams action, at the Court of Appeals.

August 17, 2015  —     Chandler’s Motion to Leave to File a Reply to Downey’s Response – with Proposed Reply and Attachments.

I attached the recent periodic accounting from the Estate of Harold Keith, which revealed that Steven Downey was paid $20,000 from the Estate two weeks before trial, and another $5000, post-trial work, and is owed $8,766.50, as of March 23, 2015, and close to $70,000 being owed to Brucie Moore.

August 24, 2015  —     Downey filed the following: Response to the Motion for Leave to File a Reply To Downey’s Response to Chandler’s Motion to Extend Time to File Brief until September 1, 2015 with attached proposed Reply

            Downey’s Moton to Strike my Motion for Leave to file a Reply to Downey’s Response to my Motion to Extend time to File Brief Until September 1, 2015 with attached proposed Reply.

–I initially thought that this was great, because for the first time, Downey filed a Motion, which according to him and the Court of Appeals, a Response is the only thing allowed by the Court of Appeal Rules, never subsequent Replies.

 August 31, 2015  —  My Response to Downey’s Motion to Strike proof of his illegal conduct from the Court of Appeals Record.

NO DOUBT, KNOWING THAT I WOULD NOT BE MAKING IT TO THAT HEARING!  Recall that neither Chandler nor myself, were notified for their initial attempt to obtain “after the fact” approval, immediately following trial in June 2014.

Since the Court of Appeals Order, repeatedly denied Chandler the ability to correct the record from Downey’s never-ending misrepresentations and outright lies, and the fact that only one of the three Emergency filings, filed by a colleague of mine, was returned I began to suspect that Downey had an in, at the Court of Appeals. Giving the fact that both Judge Kelly Thompson and Steven Downey, are Bowling Green, Ky, natives, I began my enquire here.

But to say the least, I was astonished to discover for the first time, that Cynthia Downey, Steven Downey’s sister-in-law, whom he shares jointly owned real estate with, was the COURT OF APPEALS CASE MANAGER FOR NONE OTHER THAN JUDGE KELLY THOMPSON. 

CYNTHIA DOWNEY — WARREN COUNTY — COURT OF APPEALS — CASE MANAGER FOR NOW JUSTICE KELLY THOMPSON (Who interestingly enough, was a Clerk for the Court of Appeals back in 1973-1975, when the Amendment to the Constitution created the Unified Court System.

Since Steven Downey was not incorporated, his personal property would be                        directly at risk, if Chandler had won his civil action claim against the Downey, Moore and the named defendants.  I had already filed the Civil Action on March 30, 2015.  By the time the May 18, 2015, Court of Appeal Order came out that DENIED all attempts that I made to correct the truthful nature of the record, Cynthia Downey had an indirect interest in the outcome of the case, yet she was the appointed case manager.

September 1, 2015 –       I submitted Chandler’s Brief, however the Court of Appeals noted it received on September 8, 2015. Since I specifically asked for up September 1, 2015, I telephoned Samuel Givens and sent him documentation and UPS Receipt of filing date.

November 10, 2015 – Downey asked for extension of time to file his RESPONSE BRIEF

I graciously gave him the same 15 days he allotted me.