The Post-Trial Division advances fair process and liberty In Kentucky’s criminal justice system, DPA’s Post-Trial Division serves the critical function of identifying and seeking the correction of mistakes that affect someone’s life or liberty. Post-Trial Division attorneys will be there to provide important representation after the completion of a trial case, whether it is handling appeals as guaranteed by our state constitution, litigating post-disposition challenges for juvenile clients on issues related to the fact, duration or conditions of confinement, representing adult inmates in post-conviction challenges to their convictions, or representing persons who have been wrongly accused to obtain exonerations. The Post-Trial Division is divided into three branches:
The Appeals Branch
is responsible for representing adults and youthful offenders on direct appeal from their criminal conviction. A direct appeal is limited to the issues which were raised at a trial or hearing, and is generally decided based on the pleadings and arguments presented to the court, without taking additional evidence. The Appeals Branch represents clients ranging from capital cases to minor felonies, and occasionally misdemeanor cases where the court has granted discretionary review. If you need help with your direct appeal, contact the Appeals Branch at (502)564-8006
and they will help to guide you through the direct appeal process.
The Post-Conviction Branch is responsible for representing indigent adults and youthful offenders throughout all 120 Kentucky counties who are collaterally attacking their criminal convictions. A collateral attack is a motion filed in the case that acts like a new action, where the court has the opportunity to take new evidence and consider matters which were not in the original record. Although typical issues raised on collateral attack include ineffective assistance of trial counsel, denial of relevant discovery, and newly discovered evidence, the Branch also represents individuals on issues related to inmate discipline, parole, sex offender treatment and many other claims which arise after an individual is convicted and sentenced.
Within the Post-Conviction Branch is the Department of Public Advocacy’s Kentucky Innocence Project
. The Kentucky Innocence Project (“KIP”) was developed to provide indigent men and women, who have legitimate claims of innocence, with a resource through which their claims may be investigated and presented to the courts of the Commonwealth for relief. KIP serves the entire state by not only addressing cases of wrongful conviction but also addressing much broader concerns in the criminal justice system. KIP seeks to introduce innovative social policies, to create progressive legislative and constitutional reforms, and to establish itself as a conduit for progress. Since its inception in 2001, KIP has been responsible for nearly a dozen exonerations of actually innocent people who have been convicted in Kentucky and has identified many more cases of concern where evidence which would exonerate the defendant is no longer available for testing.
The Juvenile Post-Disposition Branch (“JPDB”) is responsible for representing juveniles confined to Department of Juvenile Justice Institutions on issues related to the fact, duration or conditions of their confinement, as well as handling appeals in public and status offense cases. Duties of the JPDB include representing youthful offenders at resentencing hearings, assisting public and status offenders secure appropriate aftercare, assisting victims of human trafficking in receiving appropriate care for their victimization, and ensuring compliance with the requirements of recent juvenile reforms.
POST-TRIAL DIVISION DIRECTOR
Tim Arnold graduated from Knox College in Galesburg, Illinois in 1993, and the University of Kentucky College of Law in 1996. Tim started his legal career as an attorney in the Juvenile Post-Disposition Branch of the Department of Public Advocacy in 1996, eventually becoming the manager of that branch in 2004. He has been the Director of DPA’s Post-Trial Division since 2008. Tim has argued cases before the Kentucky Court of Appeals, the Kentucky Supreme Court, and the Sixth Circuit Court of Appeals, as well as assisting with the briefing in the landmark United States Supreme Court case of
Padilla v. Kentucky. He has received the Furman Award for excellence in capital representation and the In Re Gault Award for excellence in juvenile representation from the DPA. He has also received the Juvenile Justice Award from the Kentucky Association of Criminal Defense Lawyers, and the Jack Wasserman Memorial Award for excellence in immigrant rights litigation from the American Immigration Lawyers Association for his work on the
If you have questions or concerns that the Branch Manager or Unit Supervisor was not able to address, Tim is available to help.
If the Unit Supervisors are unable to address your question or concern, the Branch Managers are available to assist in any way possible.
Kathleen Kallaher Schmidt has served DPA as the Appeals Branch Manager since June 2007. A graduate of Vanderbilt University, and the University of Kentucky School of Law, Ms. Schmidt began her career at DPA as an intern in 1981 and as an attorney in 1983. She practiced in the Appeals Branch and became Assistant Director of the Capital Resource Center in 1989. She left DPA in 1992 to practice law with her husband at Schmidt and Etherton Law Office in Shepherdsville, KY, and returned to DPA in 2007. Ms. Schmidt has argued before both Kentucky appellate courts as well as the Court of Appeals for the Sixth Circuit. She is the 2009 recipient of the Professionalism and Excellence Award, given annually by the Kentucky Bar Association.
Margaret Ivie iis the Post-Conviction Branch Manager for the Department of Public Advocacy, where she manages both capital and non-capital post-conviction cases and cases involving claims of actual innocence with the Kentucky Innocence Project.
Unit Supervisors manage all employees within their Unit. While serving as a Supervisor, they also maintain a caseload where they directly represent clients throughout the Commonwealth. If you have an issue or question regarding an individual office, the Unit Supervisor is happy to assist.
Linda teaches externship classes in post-conviction law at all three of the Commonwealth’s law schools where she also supervises students while they investigate cases of potential wrongful conviction. Linda was previously a member of the National Innocence Network Executive Board and the International Council of Innocence Network Directors. In 2013, Linda was honored to receive the Kentucky Bar Association Donated Legal Services Award. For more information on Linda Smith, visit the "meet the staff" page for the
Kentucky Innocence Project.
Kieran Comer is the Supervisor of the Frankfort Non-capital Post Conviction Unit of the Department of Public Advocacy.
Steven Buck has been a supervising attorney with DPA’s Appeals Branch since 2015. He previously worked in the Appeals Branch as a staff attorney from 2007 to 2015 and as a student intern from 2006 to 2007. Steven received his J.D. from the University of Kentucky College of Law and his B.A. from Kalamazoo College. He is from Brighton, Michigan, and resides in Lexington.
Sam Potter is a staff attorneys supervisor in the Appeals Branch of the Department of Public Advocacy. He joined DPA in 2004 as a staff attorney with the Appeals Branch. He is a 2003 graduate of the Brandeis School of Law at the University of Louisville