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Burl McCoy

Counsel to the Firm, Lexington

Burl is Counsel to the Firm in Stoll Keenon Ogden's Lexington office. He is a member of the Business Litigation practice. Burl, who has been practicing law more than 35 years, concentrates his practice primarily on Criminal Law and white collar crime criminal defense.

Burl has received an AV Martindale-Hubbell Peer Review Rating and is recognized as a Best Lawyer and a Kentucky Super Lawyer for his many legal accomplishments. Prior to joining the firm, he served as a federal prosecutor and director of the litigation for the Lexington-Fayette Urban County Government.

Burl is a member of the Fayette County, Kentucky and American Bar associations as well as the American Board of Trial Advocates, the American Trial Lawyers Association and the National Association of Criminal Defense Lawyers. He is also a member of the Lexington Rotary Club. Burl is married with three children and enjoys reading and collecting military antiques during his free time.

Education
University of Miami
1973, LL.M.
University of Kentucky College of Law
1972, J.D.
University of Kentucky
1969, A.B.
Admissions
Fayette Circuit Court
Fayette District Court
Florida
Kentucky
Kentucky Court of Appeals
Kentucky Supreme Court
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Western District of Kentucky

Recognition

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®
  • Listed in Best Lawyers in America®, Criminal Defense: Non-White Collar
  • Kentucky Super Lawyer, Criminal Defense: White Collar

Affiliations

  • American Board of Trial Advocates
  • American Trial Lawyers Association
  • National Association of Criminal Defense Lawyers
  • Rotary
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Work Highlights

Wrongful Death: Domestic Violence

Estate of Amanda Ross v. Steven R. Nunn, Fayette Circuit Court, Civil Action No. 09-CI-05104. Obtained a judgment against Steven R. Nunn in the amount of $24,253,298.85 for the wrongful death of Amanda Ross. The trial team has pursued foreclosure of Nunn's real property, garnishment of his pension assets and garnishment of his prison commissary account in partial satisfaction of the judgment. The trial team also successfully defended the right of the Estate to garnish Nunn's pension funds despite a Kentucky statute that Nunn claimed provides a partial exemption for those assets.  See Stephen R. Nunn v. Diana M. Ross as Personal Representative of the Estate of Amanda Ross, 2015 Ky. App. Unpub. LEXIS 593 (Ky. App. 2015) (review denied Supreme Court Case No. 2015-SC-473 (February 10, 2016)).

Directed Verdict in Criminal Case

SKO obtained a directed verdict of all criminal charges filed against a client following a jury trial in Circuit Court.

Related Practices: Criminal Law, Business Litigation

Prosecutorial Misconduct

Rogers et al v. O’Donnell et al, No. 10-00373 (E.D. Ky. 2011), aff'd 737 F.3d 1026 (6th Cir 2013). Represented state prosecutors in a case arising from a criminal prosecution of local police officers for assault, intimidating a participant in a legal process, and tampering with a witness. After the police officers were acquitted of all charges, they filed a lawsuit against the state prosecutors pursuant to 42 U.S.C. § 1983. The district court granted summary judgment based on grounds of qualified immunity. The case was affirmed by the Sixth Circuit Court of Appeals.

Related Practices: Business Litigation

Assault & Battery Criminal Charges Dismissed

SKO obtained a dismissal of all criminal charges filed against a family law client following a successful a suppression hearing.
Related Practices: Criminal Law, Business Litigation

Criminal Representation Resulting in Dismissal of Five Felony Charges

SKO successfully reached a settlement with the U.S. Attorney on our client's behalf to dismiss five felony counts and prevent jail time and any associated fine.
Related Practices: Criminal Law, Business Litigation

Sixth Circuit Criminal Oral Argument

SKO successfully argued before the Sixth Circuit Court of Appeals to overturn a conviction in the lower court. We argued that prejudicial evidence substantially outweighing probative value.
Related Practices: Criminal Law, Business Litigation

Kentucky Court of Appeals Criminal Appeal

Successfully argued before the Kentucky Court of Appeals to overturn the sex offender registration requirement for a client based on constitutional violations.
Related Practices: Criminal Law, Business Litigation

Criminal Charges Dismissed

Successfully obtained a dismissal of all criminal charges pending against manager for corporate client.
Related Practices: Criminal Law, Business Litigation

Wrongful Death: Shooting Over Boundary Line Dispute

In 2011, obtained a $3,760,003.50 judgment in a wrongful death claim arising from a fatal shooting over a boundary line dispute.