Appellant Name: Lynn Kilgore
Appellant Attorney(s): Colt Daniels
Appellant Attorney(s): Colt Daniels
Trial Docket Number: N/A
Presiding Trial Judge: Justice McFornell
Notice of Appeal Filed: N/A
Presiding Trial Judge: Justice McFornell
Notice of Appeal Filed: N/A
- [ ] Before Verdict
[X] After Verdict
Reason for Notice of Appeal:
- [ ] Motion to be overturned
[ ] Errors in the trials procedure
[X] Errors in the judge's interpretation of the law
[X] New evidence proving appellants innocence
- The appellant in this case should have the charges dismissed because the case underpinning these charges has been dismissed following the death of the defendant, Andy Tyrie. On October 16, a court order was issued directing Dr. Lynn Kilgore, Mr. Tyrie’s doctor, to provide the court with the defendant's medical records. Dr. Kilgore declined to comply, citing HIPAA protections and arguing that the court had not demonstrated a relevant legal need for the records. She stated:
"The court is not responsible for his care, and unless the patient agrees to release any of his medical information, I cannot do so without violating his rights. No reasoning has been presented showing a relevant legal need for these records."
Dr. Kilgore further suggested that the only information relevant to the court would be whether Mr. Tyrie was fit to be questioned or stand trial. Despite her explanation, the presiding judge charged her with Felony Contempt of Court six days after the order was issued and only five days after she was formally notified of it.
Since that time, Mr. Tyrie has passed away, and his case has been dismissed as a result. Given that the charges against the appellant arose solely from the now-dismissed case, it is appropriate for the GF25 - Felony Contempt of Court charge to also be dismissed, as its basis no longer exists.
