The Kentucky Court of Appeals on Friday denied UK lefthander James Paxton's request for interlocutory relief, which was essentially an appeal of the circuit judge's denial of his request for a temporary injunction that would allow Paxton to play without having to meet with NCAA investigators.
Paxton's attorneys were hoping the courts would assert Paxton's right of due process under the school's code of conduct, which would mean he would not have to testify against himself in an NCAA hearing. Media reports surfaced last summer quoting a Blue Jays executive saying that agent Scott Boras handled Paxton's negotiations after the Jays drafted him in the supplemental first round. That would be a violation of the "no agent" rule and would render Paxton ineligible to participate this spring, in all likelihood. Paxton attorney Rick Johnson said in an e-mail that his side would determine by Monday whether or not to file another appeal with the state's Supreme Court.
"Given that this case was one of first impression and of national importance, and given that it directly addressed whether or not student-athletes are entitled to the same civil rights as everyone else, it is very disappointing that the court of appeals did not even address our constitutional arguments," Johnson said.
"In the meantime, the number one senior college baseball player (in the nation, according to BA's preseason rankings of the top prospects by class), who has been accused of no wrongdoing, and who remains eligible to play and is a member in good standing of UK's baseball team is being withheld from play, because of UK's irrational and unsubstantiated fear of the NCAA, which is just one of many points missed by the court of appeals."
It's looking more and more likely that the Wildcats will be without their ace lefty in 2010.
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