Kentucky

LAWYERS: Former Humana Lawyer was not properly licensed for 15 years receives one-year sanction from Ky. Sup. Ct.

Posted on November 10, 2008
From Courier Journal (click on heading for entire post). Interesting thought in this era of corporate responsibility and duties owed to shareholders and the public - would some consider a person claiming to be an attorney who was not an attorney was entitled to his compensation and benefits during that time period and should the corporation take action to protect their shareholders for this "mistake"? Putative attorney Chris Watkins several years ago came under significant scrutiny and criminal charges when he practiced law without a license...

US Sixth Circuit Advance Sheets - Weeks of Nov. 3-7 and Oct. 27-31, 2008 Available at Sixth Circuit CAses.

Posted on November 10, 2008
Advance sheets for decisions for 6th Circuit Posted: Nov. 3-7, 2008: US 6th Circuit Court of Appeals Decisions Oct. 27-31, 2008: US 6th Circuit Court of Appeals Decisions

JEFFERSON: Judge Rules County Can't Withdraw Plea Bargain in Clarkson case

Posted on November 09, 2008
From Courier Journal (click on heading for entire story):Judge says plea bargain must standAttorney sought harsher terms By Andrew Wolfson ? awolfson@courier-journal.com ? November 8, 2008 Insurance executive Robert "Bobby" Clarkson, who seriously injured a motorcyclist while driving drunk in June, will get to keep a plea bargain that Jefferson County Attorney Mike O'Connell says is "ridiculously lenient...

JUDICIAL ELECTIONS: Jefferson County District & Circuit Court Races - King, Cunningham, Bowles, and Smith prevail

Posted on November 09, 2008
From Courier-Journal:Jefferson county district and circuit courtsKing ousts Holton in tight district court raceBy Jason Riley ? jriley@courier-journal.com ? November 5, 2008 In what was arguably one of the most anticipated -- and expensive -- races for a local judicial seat in recent memory, Katie King, a 29-year-old assistant county attorney, narrowly defeated Judge David Holton for the 16th division seat on Jefferson District Court...

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CRIMINAL NEWS: "Attorneys urge court to halt Nov. 21 execution"

Posted on November 09, 2008
From Courier Journal (click on heading for entire story):Attorneys urge court to halt Nov. 21 execution Associated Press ? October 28, 2008 FRANKFORT, Ky. -- A confessed child killer who asked to be put to death should not be executed because he may be incompetent, defense attorneys argued yesterday in a motion before the Kentucky Supreme Court...

JUDICIAL ELECTIONS: "Abramson defeats Shake to keep seat"

Posted on November 09, 2008
From Courier Journal (click on heading for entire story): Abramson defeats Shake to keep seatShe will serve rest of McAnulty's term By Andrew Wolfson ? awolfson@courier-journal.com ? November 5, 2008 In a battle of two candidates considered highly qualified, Kentucky Supreme Court Justice Lisabeth Hughes Abramson yesterday defeated Chief Jefferson Circuit Judge Jim Shake to retain her seat on the court...

NEWS: Ky Supreme Court Justice Scott's Son Resigns AOC Post Pending a Felony Drug Charge in Virginia

Posted on November 09, 2008
Brandon Ortiz has posted the following story at the Herald Leader; and Beth Musgrave also contributed to this story. Justice's son resigns AOC postPromotion came as felony charge was pendingBy Brandon Ortiz - bortiz@herald-leader.com The oldest son of state Supreme Court Justice Will T...

CRIMINAL LAW NEWS: "Panel to propose changes in criminal law"

Posted on November 09, 2008
From PolWAtcher's Blog (and supplied to us by a reader!):Panel to propose changes in criminal law Meeting in small groups since March, the Kentucky Criminal Justice Council has been debating ways to reduce the state's swollen inmate population in prisons and local jails without endangering public safety...

CLE: Here are some CLE's this week and beyond at the LBA

Posted on November 09, 2008
LBA CLE this week and beyond. Click HERE for the calendar with links to the programs.CLE SEMINARS THIS WEEK Wednesday, November 12How Will KASPER Change Thursday, November 13International Law FUTURE CLE SEMINARSLBA CLE Calendar Tuesday, November 18Parenthood in New Millennium Wednesday, November 19History as a Guide: Developing a Law Practice Thursday, November 20Inside the Courthouse Friday, November 21Mediation of Employment LawFriday, December 5Litigating to Win

JUDICIAL ELECTIONS: Results of contested Jefferson County judicial races

Posted on November 04, 2008
It's not official, but WLKY and the SOS site point to the following winners in the contested races today: Supreme Court - Lisabeth Hughes AbramsonCircuit Court - Charlie CunninghamDistrict Court - Ann Bailey Smith, David Bowles and Katie King The uncontested races were Judge Denise Clayton for Court of Appeals and Judge Irv Maze for Circuit Court...

Election Eve Ruminations - Thanks to those who were in the arena, and congratulations to those who prevailed at the ballot box

Posted on November 03, 2008
Nearly a year's worth of campaigning is about to end with the election on Tuesday. At this time, I take a moment to reflect and ruminate and share with you how momentous this occasion is; and thanking those who strived and congratulating and challenging those who prevailed...

Louisville native is chief federal court judge in Colorado

Posted on November 03, 2008
Louisville native is chief federal court judge in Colorado FROM COURIER JOURNAL Wiley Daniel, a 1964 graduate of Male High School who grew up across from Chickasaw Park, has been named the first black chief federal court judge in Colorado.

CIVIL SUITS: Jury in 'lost' warrant case sides with city

Posted on November 03, 2008
Jury in 'lost' warrant case sides with city FROM COURIER JOURNAL A federal court jury decided unanimously today for the city of Louisville in a lawsuit alleging that city police officers failed in their duty to protect a domestic abuse victim who was murdered in 2000.

JUDICIAL ELECTIONS: Video of Candidate Judge Jim Shake for Kentucky Supreme Court Justice

Posted on November 02, 2008
In this continuing series on the new media in judicial campaigns, I am offering an example of a candidate meeting with a group talking to them about his qualifications to serve. In this example, Chief Judge of the Jefferson Circuit Court James "Jim" Shake is a candidate for Kentucky Supreme Court Justice from Jefferson County...

JUDICIAL ELECTIONS: Video of Candidate Doug Kemper for Jefferson Circuit Court Judge

Posted on November 02, 2008
I thought it might be a good idea to post another video found on YouTube to highlight the differences in how candidates are using this media. Doug Kemper has several "television type" or 30 second videos posted at YouTube, he also has a much longer video where he talks straight to the voters about his background and who he is...

ELECTIONS: Attorney General Conway Reminds Kentuckians About Election Fraud Complaint Hotline

Posted on November 02, 2008
Attorney General Conway Reminds Kentuckians About Election Fraud Complaint HotlineKentucky Attorney General Jack Conway is reminding citizens that his office will once again operate the Election Fraud Hotline on Election Day, November 4. ?Investigators from my office will be patrolling precincts and polling places throughout the Commonwealth, but we need citizens to join with us to ensure that all Kentuckians have a chance to make their vote count on election day,? General Conway said...

November Argument Calendars (Nov. 2008)

Posted on November 02, 2008
November 2008 Supreme Court Argument Calendar COA Argument Calendar for November 2008

November Argument Calendars (Nov. 2008)

Posted on November 02, 2008
November 2008 Supreme Court Argument Calendar COA Argument Calendar for November 2008

News: Accused bigamist sentenced for bank fraud

Posted on November 02, 2008
Accused bigamist sentenced for bank fraud Over the tearful objections of one of his former wives and another witness, who asked for a harsher penalty, accused bigamist George W. Dumstorf Jr. was sentenced today to 27 months in prison for providing counterfeit certificates of deposit.

AOC: Court records retention committee headed by COA Judge Tom Wine of Louisville meeting on Nov. 6 @ 9:30 am to review records retention policy

Posted on November 01, 2008
The following press release was received and is shared with all. However, I have a simple suggestion for records retention. Ask google (tm) how they are able to keep and preserve the amount of records they do; one plane ticket for one computer person and one legal person to California and the Google office should answer all the questions you would have...

JUDICIAL ELECTIONS: Campaign fund raising noted in story by Joe Arnold

Posted on November 01, 2008
From Joe Arnold's political blog at WHAS11: Shake, King Big Fundraisers In Judicial Races 8:16 PM Wed, Oct 29, 2008 | Permalink http://www.whas11.com/bios/jarnold.js Jefferson Circuit Judge Jim Shake is now outraising Lisabeth Abramson in their Supreme Court race...

JUDICIAL ELECTIONS: YouTube Used for Candidate's Messages - Chris Olds for Franklin District Court

Posted on November 01, 2008
Television is not the only way for a judicial candidate to get his or her message out to the people. YouTube videos offer an excellent means for providing voters with short video and sound of the candidates. For example, here is a video of Chris Olds who is a candidate in Franklin County for District Judge:

TORT REPORT (53): Tort decisions of COA from Oct. 31, 2008

Posted on November 01, 2008
On Oct 31, 2008, the Kentucky COA issued the following tort and insurance law decisions. You will have to click on the minutes, scroll to the decision and click on the link to the AOC decision for full text. Entire minutes for this week. Tort and insurance decisions1242 - Transportation Cab...

Minutes for Kentucky Court of Appeals for Oct. 31, 2008 (COA 2008:53)

Posted on November 01, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 26 rendered decisions - Numbered 1240-1265 with 5 published decisions (1243; 1253; 1257; 1261; 1262)

CHASE LAW: "Chase Center for Excellence in Advocacy and Chase Student Advocacy Society Host Guest Speakers"

Posted on October 31, 2008
From Chase School of Law: On 9/23/2008, the NKU Chase Center for Excellence in Advocacy and the NKU Chase Student Advocacy Society hosted a practical skills discussion with Rob Sanders, Commonwealth's Attorney, and John Delaney, Public Advocate, on prosecuting and defending cases in Kentucky...

TRIAL TIPS: Thinking outside the box can enhance jury trials

Posted on October 31, 2008
Study shows that "thinking outside the box" or at least the jury box is beneficial to a juror's understanding of a trial:Alternative Concepts Enhance Jury Trials, Study Finds The use of alternative trial concepts generally enhanced the jury trial process, according to a study released Thursday by the 7th Circuit Bar Association American Jury Project Commission...

MEDICAL: Federal study finds that 90 percent of nursing homes violated federal health and safety standards during the last year

Posted on October 31, 2008
I have been told that John F. Kennedy in a message to Congress said that "On the basis of his study of the world's great civilizations, the historian Toynbee concluded that a society's quality and durability can best be measured 'by the respect and care given its elderly citizens...

JUDICIAL ELECTIONS: Marcus Carey Prevails; Judge Caldwell Shoots Down Kentucky's prohibitions against judicial candidates soliciting funds and identifying party affiliation in campaign

Posted on October 28, 2008
Judge Karen Caldwell ruled this Monday that the Kentucky Judicial Conduct Commission's rules prohibiting judicial candidates from identifying themselves by political party affiliations and soliciting campaign funds were unconstitutional. 2006 Supreme Court candidate Marcus Carey had filed the suit against the commission and prevailed; a permanent injunction was issued by Judge Caldwell...

CHASE LAW: "NKU Chase Federalist Society Hosts Honorable Judge Amul Thapar"

Posted on October 28, 2008
From Chase School of Law: The Federalist Society hosted a presentation and luncheon with the Honorable Judge Amul R. Thapar on Thursday, September 25, 2008. Judge Thapar addressed students and faculty on the topic, "Judicial Interpretation and the Role of a Judge...

HISTORY: A Kentucky Connection with Henry Clay Is Noted in One of the Treason Trials of Aaron Burr in the book "Why Burr's Treason Trial is Relevant Today"

Posted on October 27, 2008
Here is a historical moment showing a Kentucky connection in one of the Aaron Burr treason trials. The blog post is a book review found at George Mason University's History News Network. Burr was stopped in Kentucky and a young Henry Clay was able to convince the grand jury there was no grounds for the indictment of treason...

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