Kentucky Supreme Court Schedules Oral Argument for a Second Husband/Bio-dad Case

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The Kentucky Supreme Court has stayed a trial in Rhoades v. Ricketts, expedited the briefing schedule in the matter of J.N.R., et al. v. Hon. Joseph O’Reilly, Judge, Jefferson Family Court, 2007-SC-000175-MR, and has scheduled oral arguments September 12, 2007, at 9:00 a.m., at the University of Kentucky College of Law courtroom, 620 Limestone Street, Lexington, Kentucky. This is the same date that Hinshaw #1 oral arguments are scheduled as we posted here yesterday. The Supreme Court granted the extraordinary stay of proceedings below which might have resulted in a determination of paternity to the bio-dad of a child born into an intact marriage. We reported on Rhoades v. Ricketts here. After the Court of Appeals dissolved the stay it initially imposed and remanded the case to the trial court for further proceedings, the Kentucky Supreme Court reinstated the stay. The issue which brought this to the Supreme Court case is whether irreparable injury would result if a paternity decision was rendered that may later be reversed on direct appeal. Presumably the underlying paternity rights of a bio-dad to an infant born during a marriage will be addressed.

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