Attorneys for Kentucky lefthander James Paxton have filed a motion in the Kentucky Court of Appeals, which has the authority to issue the temporary injunction denied by the Circuit Court on Jan. 15.
Paxton attorney Rick Johnson, who represented former Oklahoma State lefthander Andy Oliver in last year's "no agent" rule case, is trying to assert Paxton's due process rights—specifically, that he should not have to testify against himself in an interview with an NCAA investigator regarding potential violations of the "no agent" rule.
"Make no mistake about it: The Circuit Court found, based upon UK's admissions, that James IS eligible to compete in intercollegiate athletics," Johnson wrote in an e-mail to media on Wednesday afternoon. "However, that court erroneously found that, because the student code of conduct did not apply, James had no due process rights, and therefore that UK could withhold him from competition, in order to extort him to submit to an NCAA interview that it admits it cannot compel him to attend, without any consequence to itself . . . Implicit in all of this is that student-athletes are second-class citizens undeserving of the most basic civil rights."
We'll soon find out if the Court of Appeals agrees with Paxton's attorneys or sides with the Circuit Court's ruling in favor of Kentucky.
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