[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6607395,"mediaKeyId","2952909-4a5e051857362103745b78df982afe25","parentId",2952909,"title","Judge takes under advisement motion to set aside verdict in Warner'Stearns property dispute; urges parties to seek negotiated access","audioSeconds",439,"startMs",5963000,"endMs",6402000,"viewUrl","/Search/View?dp=1&key=2952909-4a5e051857362103745b78df982afe25&start=5963&end=6402","thumbnailUrl","https://assets.pipeline.soar.com/2952909-4a5e051857362103745b78df982afe25/thumbnail_5963000.jpg","articleUrl","/articles/6607395/Clinton-County/Kentucky/Judge-takes-under-advisement-motion-to-set-aside-verdict-in-WarnerStearns-property-dispute-urges-parties-to-seek-negotiated-access","mediaUrl","https://secure.pipeline.soar.com/6607395-e1aeb8617c3f9a9f45f3168cd7759fed/orig.mp4?Expires=1770998165&Signature=KZviWxXuRBtbFjLMlBzDsUnEsTYiCeVQ3c~lqn1Pc8YSreQTVEfvxiwPfCA4OjoR8spoCkQIEn-pbDgM0FLIhGXLUgAfJZvSP0Ye8LJ8sCI50LRKf~LhPkgaj9mPEKwXHs4wAMWFgIfQYVJcTwgQlvib1VtNBy4Al1UJwWUaxnNqhDU~TMJOuwp9Zs3bkzyM05G1ielA42YZGITJYg2bIO0f6aO~IkerND-AOAodCl6O7ghkoNYxZ-uymbkJUTO-dWExNxN79gLl2SodMGzZEN8vo9tBC2DjfTqjOaJVc8jgE-I72qeeMa3G5i7PmvgcyKxj8FyaYtfdwGRGxM3PxQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Clinton County","date","2025-04-10T19:34:05.767Z","article","A Clayton County judge, hearing post-trial motions in Warner v. Stearns, declined at the bench to immediately set aside a jury's verdict in a contested property-access case and told both sides to attempt a negotiated resolution before the court issues a written ruling.

Nut graf: The dispute centers on whether a small parcel and a historical right-of-way provide the defendants legal access to an adjacent tract; the judge voiced concern about the short jury deliberation and about how a deed and sale history had been presented, but said those concerns did not on their face justify overturning a unanimous jury verdict. The judge asked the parties to meet and consider practical options such as a gate with restricted access or a sale of the disputed lower parcel before the judge issues a written decision.

In court the judge reviewed the parties' competing legal theories ' including apparent easement/quasi-easement and easement of necessity ' and noted that while the deed language and sale circumstances raised questions, the jury's unanimous verdict was supported by competing evidence presented at trial. The judge said he was troubled in part by the brief period the jury spent deliberating but acknowledged that the court's authority to set aside a verdict is constrained by the record and the governing instructions.

The judge specifically asked the parties to try to agree on a practical accommodation. One option the judge mentioned would limit access to an agreed gate that only the current parties could use, with notice procedures when access is needed. A second option would be a sale of the disputed lower portion of the parcel to remove the access conflict; the judge asked counsel to explore whether their clients would entertain such a change in ownership.

The court took the motion under advisement and told the parties: \"I'll take this under advisement, and I'll enter a ruling in 10 days.\" The judge also invited the parties to report back if they reach a negotiated settlement before the ruling is issued.

Why it matters: The case highlights recurring tensions in rural property law where historic use, deed language and parcelization collide. The judge's encouragement of a negotiated gate or sale reflects a preference for practical, property-focused solutions where the record leaves room for competing legal interpretations.

What's next: The court said it will issue a written ruling within 10 days if the parties do not reach an agreement; the judge requested the parties attempt to resolve access arrangements in the interim and to notify the court if they reach a deal.","mediaType","Video","parentTitle","Clinton Circuit Court April 10, 2025","oneSentenceSummary","After a weeklong trial, the presiding judge declined to set aside a jury verdict in a dispute over an access easement but asked the parties to explore negotiated solutions, including a gated-access agreement, before issuing a written ruling.","taxTitle","Clinton County, Kentucky","taxId",73252,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6607400,"Clinton County court clears crowded docket with multiple pleas, diversions and sentences",518,2416000,2934000,"/Search/View?dp=1&key=2952909-4a5e051857362103745b78df982afe25&start=2416&end=2934","https://assets.pipeline.soar.com/2952909-4a5e051857362103745b78df982afe25/thumbnail_2416000.jpg","/articles/6607400/Clinton-County/Kentucky/Clinton-County-court-clears-crowded-docket-with-multiple-pleas-diversions-and-sentences","https://secure.pipeline.soar.com/6607400-be052ddf7427cc3951532113da87edca/orig.mp4?Expires=1770998165&Signature=g1AGv41OTQoZF2-AednzMToc56LGPdKRBYiJBTqs3xm69q2yVK83Mh8MvhP~UOTmIOAYsEbjablE8G2lsGJJQnhFyWtG77RxM8orrdlTSZDMtaHDNaDgB~d7tfIaSbvnGXqHECkEs7nnAQmTHKhuDrjbpr-QzQNHIFkaL3wg08QwYbtRzNYcS6Y5fwhPzXX3SxeLE5u1YPyVSnyk-Ng59a7n9BoHeCir3AKjTo8sENl97aaTzunrg6IA0UQ070CwRfTnevBq5~duhye2A~2thd62H~-kvfnGNAXCS8sKxtr6I2EIS~FxuY6g2Ko0UX1B40fQkCk08t8u2TiNWxMP2A__&Key-Pair-Id=KUT5TJCACFTXG","A Clinton County judge on a busy docket took guilty pleas, approved diversion placements and imposed sentences across a range of criminal cases, the court record shows.

The most severe sentence announced during the session came in Commonwealth v. Dale Perales (24CR0094). According to the prosecutor's recitation in court, Perales pleaded guilty to third-degree vulnerable victim and to two counts of first-degree abuse of a vulnerable victim. The Commonwealth asked for a 2-year sentence on the third-degree count and 10 years on the abuse counts, with the 2-year term to run consecutively to the concurrent 10-year terms for a total of 12 years to serve. The Commonwealth also requested that Perales have no contact with the victims; the plea and recommendation were recorded on the docket.

In another sentencing, the court accepted a plea and sentenced Corey Bard on multiple felony counts. The court ordered two 10-year sentences to run concurrently and to be probated for five years of supervised probation. The judgment included credit for 401 days credited to Bard's time served, and the entry on the record directed Bard to report to probation as required.

Several defendants pleaded to controlled-substance charges and were placed under the Clinton specialty drug court or given pretrial diversion. The Commonwealth repeatedly recommended diversion terms that generally included a custodial component or credit for time served followed by five years of supervised pretrial diversion, completion of the Clinton specialty drug court program, and conditions such as obtaining gainful employment or performing at least 30 hours of community service per week until employed. In one plea recitation the Commonwealth phrased the disposition as: \"Upon a plea of guilty to possession of a controlled substance, first degree, first offense, methamphetamine, the defendant shall receive a sentence of [term], pretrial diverted for 5 years supervised. The defendant shall enter and complete the Clinton specialty drug court program.\" Those diversion recommendations were placed on the record by the Commonwealth and accepted by the court in multiple cases.

The docket also included pleas to other felony counts, arraignments and a series of scheduled negotiation and trial dates for May. Several attorneys and defendants asked for negotiation days or additional pretrial dates; the court repeatedly scheduled negotiation days and set follow-up appearances in May.

The grand jury returned indictments in multiple matters during the session; the judge instructed the clerk and bailiff to process the indictments and said bonds would be reviewed after records and any prior history were checked.

Why it matters: The mix of custodial sentences and diversion placements underlines how the county's court and probation system are using both incarceration and specialty-court diversion as tools in response to drug and vulnerable-victim cases. Many of the diversion orders include supervised terms and treatment obligations, which the court repeatedly emphasized during the docket.

What's next: The court set many negotiation and status dates in May; defendants placed into diversion programs were directed to meet with probation personnel or the specialty drug court for orientation. The grand jury indictments returned during the session will be processed by the clerk's office for service and bond review.","A Clinton County judge handled a packed criminal docket, recording multiple guilty pleas, pretrial diversions into the county's specialty drug court and several prison sentences, including one totaling 12 years. Several cases were set for negotiation or trial dates in May.","actionData","errors"]

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Judge takes under advisement motion to set aside verdict in Warner'Stearns property dispute; urges parties to seek negotiated access

Clinton County court clears crowded docket with multiple pleas, diversions and sentences