Kentucky

COURTS: Lawsuit claiming that former Fayette County Attorney Margaret Kannensohn wrongfully fired an employee for reporting time-card irregularities survives summary judgment

Posted on June 02, 2008
From the Herald Leader is a story of a lawsuit against former Fayette County Attorney Kannenshohn: Suit over firing to go forward A lawsuit claiming that former Fayette County Attorney Margaret Kannensohn wrongfully fired an employee for reporting time-card irregularities may proceed to trial, a judge has ruled...

Minutes for Kentucky Court of Appeals for MAY 30, 2008 (COA) (2008:27)

Posted on June 02, 2008
Minutes for Kentucky Court of Appeals for MAY 30, 2008 (COA) (2008:27) Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 18 rendered decisions - Numbered 631-648 1 published - 637 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

Minutes for Kentucky Court of Appeals for MAY 23, 2008 (COA) (2008:26)

Posted on June 02, 2008
Minutes for Kentucky Court of Appeals for MAY 23, 2008 (COA) (2008:26) Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 25 rendered decisions - Numbered 606-630 2 published - 617; 627 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

COURTS: More on a Kentucky Commission on the Courts and proposed changes to improve justice

Posted on June 02, 2008
Well, someone out there actually reads these pages! Last week I mentioned a procedure in Indiana in which elected count officials, legislators, and members of the judiciary meet and brainstorm ideas to improve the justice system. I liked the idea and posted the Indiana Law Blog post with a few comments of my own: INDIANA: "Commission on the Courts" Consisting of Court and Legislative Members - et tu Ky? Aaron Silleto has posted a comment which I have taken the liberty of moving here and posting separately...

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CRIMINAL: "Ex-death row inmate awaits a new trial"

Posted on June 01, 2008
Ex-death row inmate awaits a new trial from Courier Journal Since he was convicted of murder and robbery, Charles Wayne Bussell twice achieved unprecedented legal victories.

DIET DRUG TRIAL: Stan Billingsley has some interesting posts on the criminal trial of the "Diet Drug Lawyers"

Posted on June 01, 2008
Cincinnati Whistleblower Blog Sums up Fen Phen Testimony The parties in Fen Phen Trial Witness told to destroy Fen Phen records - Mills hospitalized Fen Phen Trial Update May 30 - May 31

DIET DRUG TRIAL: Key diet-drug witness expected

Posted on June 01, 2008
Key diet-drug witness expected from Courier Journal The government is expected to present what could be its star witness today in the federal fraud trial of three lawyers accused of plundering Kentucky's $200million fen-phen settlement.

TECH: "TechnoEsq Presentations" offers media presentation, computer consults, and digital documents for Kentucky lawyers (and Indiana and Ohio too, I suppose)

Posted on May 31, 2008
I am pleased to post this announcement from Finis Price at www.TechnoEsq.com. Finis and his staff are fantastic. When I did my first media presentation using Keynote from Apple, he gave me ideas that knocked my socks off. Techniques that are not self-evident, and even when I tried to duplicate one with an Apple trainer, I watched the most sincere and heartfelt compliment ever - the computer guru wrote it down in his book to remember...

CLE: Seminar on Trial Strategies & Techniques co-sponsored by KJA and KDC -- CLOSING ARGUMENTS

Posted on May 30, 2008
Continuation of presentation and notes from seminar from Kentucky Justice Association and Kentucky Defense Counsel on Trial Techniques & Strategies. You are warned in advance that these notes may be a tad brief when compared to those earlier today. My fingers are doing the walking, while the others are doing the talking...

COURTS: "Kentucky Kingdom accident report expected tomorrow "

Posted on May 30, 2008
Kentucky Kingdom accident report expected tomorrow from Courier Journal The Kentucky Department of Agriculture inspects amusement park rides. It has been awaiting tests on a cable from the Superman Tower of Power ride at Six Flags Kentucky Kingdom to determine what caused it to snap.

DIET DRUG TRIAL: Witness says she was told to destroy fen-phen documents

Posted on May 30, 2008
Witness says she was told to destroy fen-phen documents from Courier Journal One of the three lawyers charged with plundering Kentucky's $200 million fen-phen settlement told a legal assistant to destroy documents showing how the clients were paid, according to the aide's testimony today.

COURTS: "Public Advocacy to cut legal services to poor"

Posted on May 30, 2008
Public Advocacy to cut legal services to poor from Courier Journal Ernie Lewis, head of the state Department of Public Advocacy, detailed cuts in services he said his agency plans to make in a letter he sent Friday to judges throughout Kentucky. See, LawReader post on this issue: Not All Prosecutors Sympathetic to Public Advocate Plans to Curtail Services By Stan on Uncategorized May 29, 2008 (The following opinions are those of some prosecutors, and they do not necessarily express an opinion by LawReader...

COURTS: "Judge orders DNA testing can resume"

Posted on May 30, 2008
Judge orders DNA testing can resume from Courier Journal Prosecutors with the state attorney general's office had persuaded the lab earlier this month to stop tests on DNA evidence found on the clothing reportedly worn by the killer in the slaying of Virgil Harris.

CLE: Seminar on Trial Strategies & Techniques co-sponsored by KJA and KDC -- DIRECT AND CROSS-EXAMINATION OF EXPERT WITNESSES

Posted on May 30, 2008
Continuation of presentation and notes from seminar from Kentucky Justice Association and Kentucky Defense Counsel on Trial Techniques & Strategies. Plaintiff's Strategy on Direct and Cross-examination of Expert Witnesses Quotes It's all about preparation...

CLE: Seminar on Trial Strategies & Techniques co-sponsored by KJA and KDC -- USE OF DEMONSTRATIVE EVIDENCE AND TECHNOLOGY IN THE COURTROOM

Posted on May 30, 2008
Continuation of presentation and notes from seminar from Kentucky Justice Association and Kentucky Defense Counsel on Trial Techniques & Strategies. Demonstrative Evidence from Plaintiff Perspective Juries are coming to expect the media presentation. Powerpoint has limitations...

CRIMINAL: What price justice? Kentucky's Public Defender office refusing cases after budget cuts

Posted on May 29, 2008
Justice is not free, and nothing is done without a price. But who will pay the price for our courts to meet their constitutional obligation to provide counsel for certain indigent defendants. Looks like the indigent defendants will. Last year the guardian ad litem issue in this state seemed to be funded by the efforts of private attorneys were paid inadequately...

U.S. 6th Cir. Decisions for Week of May 19-23, 2008 (8 Ky cases)

Posted on May 29, 2008
U.S. 6th Cir. Decisions for Week of May 19-23, 2008 (8 Ky cases) posted.

KY BLAWGS: "Kentucky Judge given 30 day suspension for being rude, and publicly opposing re-election of another judge.'

Posted on May 28, 2008
From LawReader: Kentucky Judge given 30 day suspension for being rude, and publicly opposing re-election of another judge. May 23, 2008 District Judge Frank Wakefield II of Franklin, Ky., has received a 30 day suspension for talking too much in court and being rude...

INDIANA: "Commission on the Courts" Consisting of Court and Legislative Members - et tu Ky?

Posted on May 28, 2008
Indiana Law Blog has a routine entry announcing issues to be reviewed by its "Commission on the Courts" - Interim Legislative Committee to study court issues - which also referenced an earlier post which is a "groups of lawmakers who gather throughout the summer to brainstorm what issues might need to be dealt with in the law...

COURTS: "Mediation can offer swift dose of justice"

Posted on May 27, 2008
From Courier Journal: Mediation can offer swift dose of justice Charged with burglarizing two family members' homes in Clay County earlier this year, Michael Gilliam was facing as many as 20 years in prison -- and angry relatives pushing for stiff punishment.

DIET DRUG TRIAL: Witnesses detail fen-phen settlement

Posted on May 27, 2008
From Kentucky.com is story of two lawyer-witnesses who are testifying in the criminal trial of the three lawyers that they understood the settlement did not include future cases coming into the class: Witnesses detail fen-phen settlement Two Washington lawyers who represented American Home Products in a 2001 fen-phen settlement testified in federal court Thursday that the $200 million agreement was intended to cover the roughly 440 plaintiffs in the class-action lawsuit, and not future claims by others in Kentucky who had used the diet-drug combination.

KY BLAWGS: "A court of appeals case that cries out for Supreme Court Review" from Lawreader

Posted on May 26, 2008
We previously posted on a COA decision that should go up on discretionary review to SCOKY. It looks like another case has caught the eye of another Kentucky law blogger - Stan Billingsley at LawReader has a post - A court of appeals case that cries out for Supreme Court Review The following unpublished case demonstrates just how conservative some panels of the current Court of Appeals can be...

COURTS: "Newspaper seeks to review ex-soldier's juvenile file"

Posted on May 26, 2008
Newspaper seeks to review ex-soldier's juvenile file feom Courier Journal A judge is being asked to open the juvenile court file of a former Louisville resident charged with killing a fellow soldier in Colorado last year.

DIET DRUG TRIAL: "Judge "embarrassed" at handling of fen-phen case"

Posted on May 26, 2008
Retired Judge Bamberg "embarassed" at handling of fen-phen class action settlement handling. From Kentucky.com: Judge "embarrassed" at handling of fen-phen case The judge who approved a $200 million class-action settlement in a fen-phen diet drug lawsuit testified he was embarrassed by the way he handled the case...

LAW SCHOOLS: Alben W. Barkley School of Law in Paducah planning new $3.8 mill. law library

Posted on May 26, 2008
From the Herald Leader is story about western Kentucky law school planning building new library after changing name and pending ABA approval: Law school planning new law library A western Kentucky law school is planning a new $3.8 million law library...

COURTS: Jeff Ruby's Northern Kentucky eatery "Jeff Ruby's Trobicana" closing down following suit over name

Posted on May 26, 2008
From Kentucky.com. I liked the owner's quote on being sued for name infringement by a company now in bankruptcy - "It's like being sued by Casper the Ghost.": N. Ky. restaurant closing over lawsuit A northern Kentucky restaurant is shutting its doors in a dispute with a casino over the name of the eatery...

Minutes for Kentucky Supreme Court for May 22, 2008 (2008:25)

Posted on May 24, 2008
Click here for minutes at AOC with links to full text of each decision 19 rendered decisions: 103-121 9 published (103-111) 5 disciplinary matters 4 of 40 motions granted discretionary review - 10% grant rate Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review.

AOC NEWS: Kentucky Court of Appeals to hear oral arguments May 29 on Paducah smoking ban

Posted on May 23, 2008
Kentucky Court of Appeals to hear oral arguments May 29 on Paducah smoking ban - AOC

AOC: Governor Beshear Appoints District Judge for the 16th Judicial District, Division 4

Posted on May 22, 2008
Governor Beshear Appoints District Judge for the 16th Judicial District, Division 4 Governor Steve Beshear has appointed the Honorable Kathleen Susan Lape to the office of District Judge for the 16th Judicial District, Division 4.

CRIMINAL: "High court overturns slaying convictions"

Posted on May 22, 2008
High court overturns slaying convictions FROM COURIER JOURNAL The high court ruled that current Supreme Court Justice Lisabeth Hughes Abramson, who was then the circuit court judge in the Fugett case, erred in not eliminating a potential juror who told attorneys he would give more credibility to a police officer's testimony than other witnesses...

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