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: Kentucky Law BlogNUNN: "Nunn's legal team in 'quandary'" from Herald Leader
By Michael Stevens
This story highlights a legal issue of some interest relating to the rights of a potential claimant to a civil defendant's assets who is also a criminal defendant. Fifth Amendment rights against self-incrimination come into play in both the civil and criminal matters; not to mention the criminal defendant's rights to his or her assets to defend the criminal matter.
Should anyone have access to the motions, briefs, orders, and other matters filed pertaining to these issues, it would be interesting for sharing with attorneys. Email them to me in PDF, and I will post them.
Here's the story:
A Fayette Circuit judge said he needs more time and information before he can decide whether to release money from the sale of former state Rep. Steve Nunn's home in Glasgow to pay legal fees.
Judge James Ishmael also delayed a decision about whether to suspend a civil wrongful death lawsuit against Nunn until the criminal case against him is completed.
Nunn, 57, is accused of killing his former fianc e, Amanda Ross. Ross, 29, was shot to death Sept. 11 outside her townhome in downtown Lexington. Nunn pleaded not guilty Nov. 19 to charges of murder and violating an emergency protective order.
Ross's mother, Diana Ross, filed a wrongful-death lawsuit against Nunn in late September. Attorneys for Ross and Nunn were in Fayette Circuit Court Friday to discuss the lawsuit.
Friday's proceedings focused heavily on Nunn's finances, which have been the subject of recent filings in the civil lawsuit.
Full post as published by Kentucky Law Blog on December 06, 2009 (boomark / email).
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