Tuesday, September 3, 2013

KYSC - Sitar - Appeal v. CR 60.02

Phillip Sitar v. Commonwealth et. al.- SCT, 8/29/13, published

The Court affirmed the denial of relief by the Court of Appeals under CR 60.02, holding that the client, who was challenging jurisdiction of the trial court to grant an EPO and then DVO, should have filed a direct appeal. The Court believed the claims the client was making concerned the trial court’s erroneous actions acting within that court’s jurisdiction and were not claims of the court acting outside its jurisdiction. Kathleen Schmidt represented Mr. Sitar on appeal and Hon. Paul Sysol represented him in the trial court. 

Contributed by Linda Horsman