Kentucky
LawReader 
Your source for law in Kentucky
Post Frequency: 3/day Last Entry: November 21, 2009 at 09:51:09 Recent Entries: 919
Go to LawReader, find other Kentucky blogs, or browse all law blogs.
Search
Posts
The No. Ky. Bar Association Announces New Officers and Directors.
Posted on November 21, 2009The No. Ky. Bar Association Announces New Officers and Directors. OFFICERS: President Jeffrey R. Aylor Lape & Aylor, P.S.C. President-Elect Sarah Tankersley Santen & Hughes Secretary Donna Bloemer Donna M...
Judicial Immunity Defense Not Absolute in Pennsylvania Case re: Imprisonment of Juveniles by Bribed Judges
Posted on November 21, 2009The Development of the Doctrine of Judicial Immunity Caputo: 1607 ?seminal case? of judge determined ?modern policies? of immunity. By Mark Guydish Timesleader.com Education Reporter How could two judges accused of accepting millions for actions that led to increased incarceration of juveniles be immune from a lawsuit? U...
Mediation?s Are Now Being used Post-Trial to Limit Time and Expense of Appeals
Posted on November 19, 2009The Arkansas Court of Appeals has made mediation available since last September. Article by Doug Smith Most laymen think of mediation as a process that’s done before trial, with the hope of avoiding trial. And so it is, but there’s also a lesser-known mediation after trial, with the idea of avoiding a costly appeal...
West Virgina Judicial Reform Panel submits report Calling for Mid Level Court of Appeals Like Kentucky
Posted on November 16, 2009CHARLESTON – West Virginia needs a mid-level appeals court to lighten the caseload of the state Supreme Court, according to a judicial reform panel report. Also in the Independent Commission on Judicial Reform report for Gov. Joe Manchin released Sunday night, the group did not recommend an end to the partisan election of judges...
Court of Appeals Upholds Open Meeting Ruling of Fayette Circuit Judge Isaacs
Posted on November 14, 2009The Kentucky Court of Appeals ruled against Lexington Nov. 13th. in a case that involved a January 2008 attempt to close an Urban County Council meeting. That meeting was scheduled to discuss the city’s response to a request before the state Public Service Commission by Kentucky American Water to build a $162 million treatment plant and [...
KACDL SITE WARNS OF WEBSITE USED TO CREATE FALSE EVIDENCE TO FRAME PERSONS WITH FAKE TEXT MESSAGES AND VOICEMAILS
Posted on November 12, 2009The Ky. Assoc. of Criminal Defense Lawyers web site reports who false evidence can be created to frame innocent person. http://www.kacdl.net/ Website Used to Create False Evidence From Cathleen Bennett, Committee for Public Counsel Services, Boston, MA I am sure that some of you are already aware of a website called “spoofcard...
KACDL provides full text of The Proposed Criminal Justice Council Penal Code Draft
Posted on November 12, 2009The Ky. Assoc. of Criminal Defense Lawyers ( http://www.kacdl.net/ ) provides access to a full draft of the Criminal Justice Council’s Proposed Penal Code Reform Draft. The Penal Code Committee’s draft is presented here for download in two volumes: Volume One Volume Two
Diversity Rule for Businesses Allowing Removal of State Cases to Federal Court Challenged in U.S. Supreme Court
Posted on November 11, 2009By NICK WILSON In a case that could substantially reduce the number of cases heard in federal courts, the Supreme Court tackled for the first time a centuries-old rule that allows businesses to remove cases out of state court. Doctrine calls for Federal Courts to hear cases pitting opponents from different states...
CALIPARI?S DRIBBLE DRIVE OFFENSE EXPLAINED BY INVENTOR
Posted on November 11, 2009Vance Walberg taught Calipari the Dribble Drive Offense in 2003. This offense avoids a lot of passing around the court and setting up plays called by the coach. The heart of this offense is for each player to go to the basket whenever possible. This requires a lot of talent on the offensive player to [...
Kentucky Senate Race Tightens ? Poll says Ron Paul leads Greyson ? Mongiardo leads Conway
Posted on November 05, 2009The Kentucky Enquirer reported Wednesday Nov. 4, 2009 that a new poll shows that Ron Paul leads Trey Grayson by 3 points (a statistical tie) and the Dan Mongiardo leads Jack Conway by 11 points. The margin of error cited for the poll is 4.1%. In a hypothetical matchup the poll shows Grayson would beat Conway by [...
Analysis of Wednesday?s Oral Argument before U.S. Supreme Court in Pottawattamie County v. McGhee. This case presents a claim for Absolute Immunity for Prosecutors who falsified evidence and withheld exculpatory evidence which resulted in conviction and 25 years of imprisonment of innocent man
Posted on November 05, 2009Article: Supreme Court appears split on tackling rogue prosecutors The Supreme Court Wednesday heard arguments in a lawsuit brought by two Iowa men who spent 25 yrs in prison after prosecutors allegedly fabricated evidence against them. Justices seemed divided on the issue of how much immunity prosecutors should enjoy...
Eight federal judges argue that Congress violated the Constitution when it nixed scheduled judicial pay hikes.
Posted on November 03, 2009They want an appeals court to overturn its own precedent or let the case move to the Supreme Court. Washington – Eight federal judges are continuing to press their claim that Congress violated the Constitution’s compensation clause when it failed to honor promised judicial salary increases in five separate years between 1995 and 2007...
Family Court Judge Tamra Gormley suspended for 45 days without pay
Posted on November 03, 2009Woodford County Family Court Judge Tamra Gormley has been accused of judicial misconduct has been suspended for 45 days without pay and publicly reprimanded. The Judicial Conduct Commission, the state’s judicial oversight body, ruled that Judge Tamra Gormley, whose district covers Scott, Woodford and Bourbon counties, inappropriately handled two cases: a domestic violence hearing in Scott [...
Oral arguments in Pottawattamie County et al. v. McGhee et al. will be heard by the U.S. Supreme Court on Wednesday Nov. 4, 2009. In this case the Supreme Court will decide if prosecutors are free from any personal liability for fabricating evidence during criminal investigations.
Posted on November 02, 2009PROSECUTORIAL IMMUNITY CASE BEFORE U.S. SUPREME COURT OCT 2009 The claimants filed civil rights actions against Pottawattamie County, Iowa (County), and the former prosecutors and officers involved in the initial investigation and prosecution, arguing they used perjured and fabricated testimony and withheld evidence in violation of McGhee?s and Harrington?s constitutional rights...
SENATE AND WHITE HOUSE AGREE ON SHIELD LAW FOR PRESS ? EXCEPTION FOR NATIONAL SECURITY AND FEDERAL CRIMINAL PROSECUTIONS
Posted on October 31, 2009The White House and key senators have reached a compromise on a shield law to protect journalists who refuse to reveal their sources, but they limited its application in cases involving national security and federal criminal prosecutions. Negotiations involving Senate sponsors of the legislation, the Justice Department, the White House and media organizations over the past [...
The Kentucky Supreme Court overturns Ward v. Housman regarding Rules for Dismissal Due to Lack of Prosecution. ? New Standard Created Expanding Criteria Court Must Consider Before Dismissing a Case
Posted on October 30, 2009On Oct. 29th. the Kentucky Supreme Court created new standards for review of dismissal of civil action for lack of prosecution. The court held in part: ?…to the extent that other cases have held or suggested that all factors listed in Ward must always be fully discussed in all orders dismissing cases for lack of prosecution [...
The New Kentucky Supreme Court Demonstrates Reason Over Passion In Decision that Limits Prejudicial Evidence Which Has No Probative Value By Restricting so called ?Police Officer Expert? Medical Testimony and Holding that Evidence of Drug Use With No Proof of Impairment Can Not Be Introduced.
Posted on October 30, 2009On Oct. 29th. the Kentucky Supreme Court demonstrated that law, common sense, and good science should prevail over prejudice against anyone who might have mere traces of drugs or intoxicants in their blood. In the case cited below (Burton v. Commonwealth), the court held that the Commonwealth could not introduce evidence that a defendant had traces [...
Attorney General Conway Argues that Legislature Should be Allowed to Pass Ex Post Facto Laws at will.
Posted on October 30, 2009Attorney General Conway has announced that his office will appeal the recent ruling of the Ky. Supreme Court which held that the legislature is prohibited by the Kentucky and U.S. Constitution from passing an ex post facto law which adds to the sentence of a person who was convicted before the passage of the law...
CANDIDATES FOR ELECTIONS HELD IN 2010 MAY BEGIN FILING FOR OFFICE ON NOV. 4, 2009
Posted on October 27, 2009(Frankfort, KY) ? Thousands of Kentuckians are expected to file paper work with the Secretary of State and their local county clerks to seek political office during the 2010 election cycle. Potential candidates seeking an office on the 2010 ballot may begin filing with the Office of the Secretary of State and their county clerks [...
Northern Kentucky Attorneys and Court House Workers Come to Aid of Boone Court Bailiff Donna Jansen Who Lost Leg in Boating Accident
Posted on October 26, 2009On Aug. 15th. Boone Deputy Sheriff Donna Jansen was boating at Lake Cumberland, when her jet ski ran into the back of a motor boat and the propeller struck her. The accident cost Deputy Jansen her right leg above the ankle and severely damaged her left leg...
Gov. Appoints Sen. Dan Kelly to the Circuit Court bench
Posted on October 26, 2009FRANKFORT, Ky. ?Oct. 26, 2009 – Gov. Steve Beshear announced today the appointment of State Senator Dan Kelly as a judge in the 11th Judicial Circuit. Sen. Kelly was among three names submitted to Gov. Beshear by the seven-member nominating commission...
Judicial Branch Facing $35 million dollar deficit in current fiscal year?more layoffs possible.
Posted on October 22, 2009A month after a round of layoffs, state court officials warned a panel of lawmakers Thursday that the agency needs an additional $44 million in the next fiscal year to avoid further worker cutbacks. Administrative Office of the Courts Director Laurie Dudgeon told a legislative budget subcommittee that the state?s courts system would have trouble functioning [...
U.S. Supreme Ct. Refuses to Hear Anonymous Tip Case to Justify Traffic Stop
Posted on October 21, 2009In the drunk driving case, Virginia v. Harris, the commonwealth challenged a Virginia Supreme Court ruling that said police who pursue tips about people driving drunk may not act until they actually see the driver driving dangerously. In the case before the Court, an anonymous tipster told Richmond police that Joseph Moses Harris Jr...
Chase Law School Has Two Openings for Law Professors
Posted on October 20, 2009Northern Kentucky University, Salmon P. Chase College of Law is seeking applications from candidates for two tenure-track faculty positions to begin in the 2010-11 academic year. The first position is a Director of Externships. Responsibilities would include developing externship placement opportunities for our full-time and part-time students, conducting appropriate supervisory training and mentoring, and providing appropriate [...
U.S. Supreme Ct. Hears Civil Forfeiture Case
Posted on October 15, 2009The U.S. Supreme Court heard arguments on Wednesday Oct. 14, 2009 about civil forfeitures, the practice in which the police seize cars, money and other kinds of property said to have been used in connection with crimes. Civil forfeitures can raise an array of due process issues, and the question before the court was the relatively [...
California Gov. Vetoes State Bar Association Funding Authorization Citing Internal Problems ?including high cost of disciplinary system
Posted on October 13, 2009Excerpted article By SHERRI M. OKAMOTO, Metropolitan News-Enterprise October 13, 2009 Gov. Arnold Schwarzenegger has vetoed SB 641, which would have extended the State Bar?s authority to collect annual membership dues through 2010. In his letter to the Senate, Schwarzenegger explained that he was returning the measure by Sen...
How the Feds Target the Innocent -The ?Right to Honest Services? Criminal Law getting Supreme Court Review
Posted on October 12, 2009Justice Scalia said: The honest services law, ?invites abuse by headline-grabbing prosecutors in pursuit of local officials, state legislators and corporate C.E.O.?s who engage in any manner of unappealing or ethically questionable conduct.? Excerpted from New York Times article By ADAM LIPTAK October 12, 2009 In February, Justice Antonin Scalia wrote that federal prosecutors had developed an [...
Was there buried treasure at Summit Hills Country Club? FBI conducts search for evidence on Hole #3 at Summit Hills Country Club in Kenton County. LawReader CEO and Club member Gwen Billingsley denies involvement.
Posted on October 09, 2009Club officials are hush-hush about the appearance of the FBI and their federal search warrant, and the ?capsule? they removed from the bottom of a hole dug in the turf with the aid of the club?s backhoe. Club members noted that William Erpenbeck, who was convicted of a financial scandal along with his father, both had [...
Mississippi Supreme Court Rules Home Insurance Policy Covers Hurricane Wind/Water Damage
Posted on October 09, 2009In a 9-0 decision, the Mississippi Supreme Court has ruled that so-called “all-risk” home insurance policies may cover wind damage from hurricanes, even in situations where the loss is later exacerbated by water from storm surge. The state high court decision found that language in a policy may exclude storm damage when it is caused by [...
Florida Supreme Court clarifies when someone is in police custody
Posted on October 09, 2009Miami-Herald Florida’s high court said a Miami youth was not free to go when narcotics officers approached him at a park. The juvenile was rolling a marijuana cigarette. Handcuffs, Miranda warnings, the back seat of a police car. They’re all pretty good signs that someone has been “seized” by a police officer...
Supreme Court Limits Free speech rights to follow a person around in pubic and get into their face to express your opinion?.
Posted on October 09, 2009Foes of abortion-rights in Chicago ought to be relieved to know that they’ll continue to have the First Amendment right to “protest, counsel, shout, implore, dissuade, persuade, educate, inform and distribute literature” on the sidewalks outside abortion clinics, despite new restrictions imposed on them in a measure passed Wednesday by the City Council...
Michigan Court rules Police can?t force alcohol test without warrant
Posted on October 09, 2009Jennifer Chambers / The Detroit News Troy — Emran Chowdhury was leaving a house party on foot one night last year when he found himself face to face with a Troy police officer. Investigating allegations of underage drinking, the officer asked Chowdhury some questions and then, according to court records, gave the 18-year-old an ultimatum: Take a [...
Ohio Man Declared a ?vexatious litigator? and Must Now Ask Court?s Permission to Sue Anyone
Posted on October 09, 2009Excerpted by Cincinnati Enquirer - Saint Torrance isn’t a lawyer but he’s kept the Hamilton County courts busy with the dozens of lawsuits he’s filed. The Westwood man has sued tenants, utility companies and judges, prompting one judge to take the unusual step of ordering Torrance to file no more lawsuits without first getting permission...
The U.S. News and World Report has published U.S. Law School Rankings for 2009 ? UK in top third
Posted on October 06, 2009Of the Top 100 Law Schools in the U.S. the University of Kentucky College of Law is the highest ranked Kentucky Law School and is ranked No. 55 nationally. That puts UK in the top third of U.S. Law Schools. Louisville is the second and is ranked number 98 in the top 100...
U.S. Supreme Court October Term To Hear Six Cases On Lawyer Ethics, Errors- including prosecutorial immunity
Posted on October 04, 2009Excerpted from an article by Marcia Coyle The National Law Journal September 28, 2009 How lawyers do their jobs — from the type of advice they give clients to the calculation of fees — moves to the fore in the new U.S. Supreme Court term in six cases that could dramatically alter the day-to-day practice of [...
KANSAS SUPREME COURT ISSUES IMPORTANT RULING DISMISSING FORECLOSURE SUITS BY MORTGAGE OWNERS WHO HAVE RELIED ON mers ? MILLENNIA MORTGAGE CORP. FOR REGISTRATION OF MORTGAGE INSTEAD FILING WITH COUNTY CLERK?
Posted on October 04, 2009This ruling will be important to you if you represent debtors, or banks who have valid first mortgage liens. The system of electronic registration of mortgages that are bundled and sold by banks, is operated by a group created by the banking industry...
Breath Alcohol Concentration Tests Can Vary As Much As 20%
Posted on October 04, 2009by Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office. http://www.kyduiblog.com/ While the states contend that the science behind Breath Alcohol Testing is reliable, researchers are finding flaws with the science upon which Breath Alcohol Testing is based...
Campaign contribution vs. personal gift to a FAMILY MEMBER ? The Law Behind the News
Posted on October 03, 2009By LawReader Senior Editor Stan Billingsley QUESTION: When a father makes a gift to his daughter, who is a candidate for public office, can this gift be considered as an illegal campaign contribution? We present the following discussion upon which you may answer the question for yourself...
Oregon Appeals Court rules that Implied Consent Law for Blood and Breath Test is Unconstitutional ? ?a consent to search is ?coerced by the fear of adverse consequences, and is ineffective to excuse? a search warrant.?
Posted on October 03, 2009By Maxine Bernstein, The Oregonian October 02, 2009, Police and prosecutors say a court of appeals ruling will make it more difficult to investigate and prosecute suspected drunken drivers. Although a man accused of drunken driving gave his consent to have his blood drawn for testing, the Oregon Court of Appeals ruled this week that the [...
The alleged Mongiardo Audio-Video tape is the second instance in a year which may involve illegal eavesdropping in violation of Kentucky law.
Posted on October 02, 2009This week a video tape was published on the internet, and widely discussed in the press. Several experts conclude the tape was clearly spliced and altered. Whoever recorded this alleged conversation and spliced it to hide the alterations have successfully achieved their apparent goal of embarrassing Mongiardo...
IOLTA TO BECOME A MANDATORY PROGRAM
Posted on October 02, 2009The KBA reports: In accordance with its order entered on September 10, 2009, the Supreme Court of Kentucky approved amendments to SCR 3.830 which makes participation in the Kentucky IOLTA Fund mandatory under the provisions of the rule. The amendments become effective on January 1, 2010...
THERE IS A NEW SHERIFF IN TOWN!!! Ky. Supreme Court Makes Major Change in Loss of Consortium Law and Allows Post Death Damages ?
Posted on October 01, 2009This New Court has enhanced the value of the marital relationship by overruling the Court of Appeals and allowing a surviving spouse to seek post-death damages in loss of consortium claims. In TINA MARTIN, ADMINISTRATRIX OF THE ESTATE OF BILLIE CAROL SHREVE, DECEASED; AND DONALD RAY SHREVE, INDIVIDUALLY vs...
Ky. Supreme Rules Sex Offender Registration Statute Unconstitutional Ex Post Facto law when applied Retroactively
Posted on October 01, 2009The Supreme Court has affirmed a District Court ruling of Judge Martin J. Sheehan (he now is a Circuit Judge). LawReader Synopsis: For full text of case click case number 2007-SC-000347-CL.pdf APPEAL FROM KENTON DISTRICT COURT V. HONORABLE MARTIN J...
Kentucky Court of Justice ? Commission on Racial Fairness surveying Jefferson County court system users about access and fairness
Posted on October 01, 2009FRANKFORT, Ky., Sept. 30 – The Jefferson County Commission on Racial Fairness is surveying those who use the Jefferson County judicial system about access and fairness in the system. The survey is being conducted Sept. 29-Oct. 1 and on Oct. 5, 6, 8 and 12 from 9 a...
U.S. Supreme Court Cases to be Heard During October Term which starts Oct. 5th.
Posted on September 28, 2009Major cases and pending appeals that justices will consider in the new term, which starts Oct. 5. RELIGION Can the government erect a cross in a national park? The American Civil Liberties Union sued over the long-standing cross in California’s Mojave National Preserve and won a ruling that the display of a Christian symbol on public land [...
House Speaker Greg Stumbo files ?Amanda?s Bill? in effort to reduce domestic violence
Posted on September 24, 2009Frankfort ? House Speaker Greg Stumbo pre-filed legislation Thursday Sept. 24th. that he said would give domestic-violence victims ?a fighting chance? if an offender violated a court order to stay away. The proposed legislation is named in honor of Amanda Ross, whose Sept...
Scott Co. Family Court Judge Tamra Gormley faces multiple complaints before JCC
Posted on September 23, 2009Based on an article by Shawntaye Hopkins of the Herald Lerader- GEORGETOWN ? The state’s Judicial Conduct Commission has charged a family court judge with misconduct in relation to three incidents in Scott and Woodford counties. Family Court Judge Tamra Gormley, who was appointed in 2007 to a district that covers Scott, Woodford and Bourbon counties, is [...
AOC changed personnel policy re: seniority four days before layoffs
Posted on September 22, 2009AOC and state court officials changed policies regarding layoffs so those with the most seniority no longer were protected. Some employees who were laid off Sept. 15 had more than 20 years’ experience in the courts or state government. Leigh Anne Hiatt, a spokeswoman for the court system, said the Administrative Office of the Courts and state [...
Kentucky DUI fatalities Decrease by 59% Since 1982 ? Kentucky DUI Statistics Include Non-drivers and Do Not Indicate if the Fatality was Caused by a Drunk Driver. ? Kentucky leads the nation in ATV accident deaths.
Posted on September 22, 2009By LawReader Senior Editor Stan Billingsley Sept. 22, 2009 Statistics released by the US Dept. of Transportation, National Highway Traffic Safety Administration shown a marked decline in DUI related deaths since 1982 both nationally and in Kentucky...
Kentucky lawyer, Bill Robinson of Frost, Brown & Todd in Florence, is unopposed for Presidency of the American Bar Association
Posted on September 20, 2009William ?Bill? Robinson III, one of the hardest working lawyers you will ever meet, has for years held two full time jobs, one as a practicing lawyer and another as a community leader. Robinson a member of the famous UK College of Law Class of 1971, is running unopposed for the office of President-Elect, and this [...
CASTING DIRECTOR LOOKING FOR CLEAN CUT ADULT MALE PROFESSIONALS AS EXTRAS FOR KENTUCKY MOVIE ?SECRETARIAT?
Posted on September 20, 2009The casting director of Fast Track Productions is looking for specialized extras for the movie ?Secretariat? which will be shot in Kentucky soon. If you are interested send your application to e-mail : secretariatcasting@gmail.com Include your height, weight, clothing and shoe size...
The Washington state Supreme Court threw out a 2006 law that requires an injured patient to get a certificate of merit from an expert before suing for medical malpractice.
Posted on September 18, 2009OLYMPIA, Wash. ? Sept 17, 2009 The state Supreme Court on Thursday unanimously threw out a 2006 law that requires an injured patient to get a certificate of merit from an expert before suing for medical malpractice. The high court ruled that the law violates the separation of state powers, saying that allowing the Legislature to set [...
Indiana Court of Appeals Strikes Down Voter ID Law
Posted on September 17, 2009September 17, 2009 An Indiana appellate court on Thursday struck down a state law requiring voters to show identification ? a law that the United States Supreme Court declared constitutional just last year. The court said the law violated the Indiana constitution by not treating all voters impartially...
Governor Beshear appoints Administrative Law Judges
Posted on September 16, 2009FRANKFORT, Ky. ? Gov. Steve Beshear has appointed the following Administrative Law Judges in the Department of Workers Claims to serve for terms expiring Dec. 31, 2013. The appointments are effective Jan. 1, 2010. Robert L. Swisher, of Lexington, is an attorney with Jones Diestz & Swisher, PLLC...
Former Justice Sandra Day O?Connor: Flawed education leaving Americans ignorant of government
Posted on September 16, 2009SEATTLEPI.COM Public schools in America have largely abandoned teaching civics and history, leaving a public largely ignorant of government and young people “disengaged from our civic life,” according to retired U.S. Supreme Court Justice Sandra Day O’Connor...
Federal Jury In Louisville Awards $101 Million dollar verdict for unfair business competition
Posted on September 15, 2009U.S. District Judge John G. Heyburn II presided over a jury trial in Louisville this week which resulted in a jury verdict of $101,000,000 in favor of the Ventas corporation. Ventas alledged that California based HCP, Inc. interfered in a business deal and mislead the shareholders of Sunrise Senior Living Real Estate Trust which was [...
AOC Director Cuts 47 Employees
Posted on September 15, 2009Laurie K. Dudgeon, executive director of the Administrative Office of the Courts on Tuesday announced a cut of 47 jobs from the MillCreek office campus in Frankfort. The Judicial Branch is facing a deficit of about $35 million. The state?s judicial branch also made...
The Kentucky Attorney Generals Office refuses court order to release exculpatory evidence. Fayette Circuit Judge dismisses criminal charges. ?Attorney General fails to obtain indictment from Russell County Grand Jury, so he resubmits the case to a Franklin County Grand Jury
Posted on September 14, 2009Because the Prosecution refused to comply in order to allow Leon Grider a fair trial to start on September 21, 2009 by turning over the documents; Judge Payne of Lexington dismissed the charges against Leon Grider. Franklin Circuit Court Judge Phillip Shepherd, assigned to Eric Griders case ordered the Attorney Generals office to turn over those over 100 [...
ATTORNEYS CAN BE SANCTIONED FOR CRITIZING A SITTING JUDGE ? KENTUCKY HAS LONG ZIPPED LAWYERS LIPS?.
Posted on September 12, 2009September 12, 2009 New York Times Sean Conway was steamed at a Fort Lauderdale judge, so he did what millions of angry people do these days: he blogged about her, saying she was an ?Evil, Unfair Witch.? But Mr. Conway is a lawyer. And unlike millions of other online hotheads, he found himself hauled up before the [...
Ex-Governor?s son, Steve Nunn, Suspect in Death of His Girlfriend
Posted on September 11, 2009Ex-State Representative Steve Nunn of Glasgow was charged Friday with several counts of Wanton Endangerment in Hart County. Nunn who is a suspect in the shooting death of a former girlfriend was located seated behind a tombstone in the cemetery where his mother and father (former Gov...
Problems with Intoxilyzer 5000 Breath Test Results
Posted on September 10, 2009LawReader thanks Lexington attorney Steve Isaccs for reference to the following articles which show some issues being raised about the accuracy of the BA machine. The Ky. Supreme Court recently denied access to the source code on the Intoxilyzer 5000 (House v...
Gov. Beshear Signs Law to Exempt Military Pay from State Tax
Posted on September 09, 2009FORT CAMPBELL, Ky. ? In an effort to boost the number of servicemen and women who call Kentucky home, state lawmakers have enacted legislation that exempts military pay from the Commonwealth?s income tax. Beginning Jan. 1, 2011, all active duty military pay will be exempt from individual income tax, creating an estimated savings of $18 million [...
MISSOURI MAY DITCH NONPARTISAN SELECTION OF JUDGES AND GO TO APPOINTMENT BY GOVERNOR W/APPROVAL BY SENATE
Posted on September 08, 2009Sept. 8, 2009 Constitutional Petition Set for Vote Secretary of State Robin Carnahan announced today that a new initiative petition met state standards for circulation that would change the state Constitution to repeal the nonpartisan court plan. The ballot title for the petition relating to the repeal of the nonpartisan court plan reads: “Shall the Missouri Constitution be amended to [...
Claim of Prosecutor?s Civil Immunity Denied Nation?s Chief Prosecutor by U.S. Circuit Court of Appeals ?
Posted on September 05, 2009Sept. 4, 2009 AL-KIDD V. ASHCROFT – 06-36059 9th. Circuit Court of Appeals, Sept. 4, 2009 To read full text of this opinion go to: http://www.ca9.uscourts.gov/opinions/ A federal appeals court said in a scathing opinion Friday, that former Atty...
Atheist Attorney Kagin Accuses Attorney General Conway of Wasting Taxpayers Money.
Posted on September 05, 2009Edwin Kagin, a Northern Kentucky attorney represents plaintiffs who challenged language added by the legislature to a Homeland Security bill which declared that the Homeland Security was dependent on ?Almighty God? for the safety of Kentuckians. Franklin County Judge Thomas Wingate on August 26, 2009, ruled that the inclusion of that language was unconstitutional as [...
Gov. Beshear names three to judgeships in Jefferson County.
Posted on September 05, 2009Brian Edwards was appointed to the Jefferson Circuit Court. Former District Judge David Holton who was previously defeated for re-election by Judge Katie King was reappointed by Gov. Beshear to a District Court seat. Jennifer Bryant Wilcox, an Assistant Commonwealth Attorney was also posted to a District Court seat...
Indiana Police Apply Forced Catheterization In DUI Case To Obtain Urine Sample?
Posted on September 04, 2009LAWRENCEBURG, Ind. — An Indiana man has filed a lawsuit claiming that police forcibly withdrew blood and urine from his body during a drunken driving arrest, WLWT-TV reported. The suit names the Lawrenceburg police department and Dearborn County Hospital, in addition to Miller and Dr...
Calif. Opposes Federal Court Jurisdiction to Order Immediately Reduce Prison Population ? Cites 1996 Prison Litigation Reform Act,
Posted on September 03, 2009The Schwarzenegger administration on Tuesday asked the federal courts to delay an order requiring California to reduce its inmate population over the next two years. Last month, a special three-judge panel gave California 45 days to decide how it will cut the number of inmates in its 33 adult prisons by more than 40,000, bringing the [...
Federal Judge Refuses To Handle Criminal Cases- growing concern among judges over the federalization of street crime.
Posted on September 03, 2009September 2, 2009 from WUWM A federal judge in Milwaukee has taken the unusual step of refusing to accept new criminal cases and recusing himself from existing ones, in a move observers say is about politics, impropriety and, possibly, hurt feelings. Federal Court Clerk Jon Sanfilippo says the way he sees it, the reason Judge J...
Boone Gallatin Judicial Nom. Committee Names Three
Posted on September 01, 2009FRANKFORT, Ky. – The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced nominees to fill the vacant District Court judgeship in the 54th Judicial District, Division 1, which serves Boone and Gallatin counties...
N.C. Supreme Court Reverses Felony Firearms Act ? Rules that 2nd. Amendment Permits Convicted Felons to Possess Gun
Posted on September 01, 2009By KIM LAMBERT For The Record According to a ruling Friday, the N.C. Supreme Court has deemed a 2004 law barring convicted felons from possessing a firearm ? even in their homes ? unconstitutional. The state?s highest court ruled that the General Assembly went beyond its scope of duties in 2004 when it toughened restrictions on a [...
Alaska Supreme Court Allows Science Evidence in DUI Cases
Posted on September 01, 20099/1/2009 Alaska Supreme Court overturns law designed to stop presentation of medical evidence regarding alcohol absorption in DUI cases. The Supreme Court of Alaska on Friday upheld the right of defendants to present scientific evidence at trial in cases involving driving under the influence of alcohol (DUI)...
ERIC DETERS COMMENTS ON HIS CHARITY CAGE BRAWL
Posted on August 31, 2009ERIC DETERS COMMENTS ON HIS CHARITY CAGE BRAWL VIEWE VIDEO ON YOUTUBE AT: http://www.youtube.com/watch?v=5aCN37Vh2Q0 Note: Eric’s charity was Rich Franklins disabled vets charity. Eric earned $1000 for the charity. Blog – Monday, August 31, 2009 Quote Of The Day: ?In the actions of all men one judges by the result...
THE BARRISTER?S BRAWL ? A poem about the Eric Deters Charity Challenge Cage Fight
Posted on August 31, 2009THE BARRISTER?S BRAWL by Kenton Circuit Judge Marty Sheehan A lawyer of local acclaim, In a move sure to increase his fame, Did one day incautiously boast, As a boisterous radio host, That he could kick any County Cop?s rear. He had filed countless suits for police brutality, And now spoke without any thought of mortality...
CAMELOT WILL NOT BE FORGOT ? by Stan Billingsley
Posted on August 31, 2009Camelot Will Not Be Forgot By Stan Billingsley- ?Don?t let it be forgot, That once there was a spot For one brief shining moment That was known as Camelot.? As they laid to rest the third prince, some said that Camelot would now be ?forgot?. But men and women from every hamlet, from every land, champion the tale, and carry forward [...
PUBLIC INVITED TO GROUNDBREAKING OF NEW CAMPBELL CO. COURTHOUSE ADDITION
Posted on August 27, 2009FRANKFORT, Ky. — The public is invited to a groundbreaking ceremony for the planned Campbell County Judicial Center on Tuesday, Sept. 1, at 3 p.m. EDT. The event will take place at 330 York St. in Newport. The Kentucky General Assembly authorized an addition/renovation project for Campbell County in 2006 and approved funding in 2008...
Ky. Supreme Court Overrules Ct. of Appeals Order Allowing Access to BA Machine Computer Codes
Posted on August 27, 2009The DUI bar has been eagerly awaiting the ruling of the Kentucky Supreme Court regarding the attempt of a defendant (Lennie House of Lexington) to obtain access to the computer code of the Intoxilyzer 5000 Breathalyzer machine. At least two other states have granted access to these codes...
Judicial Nominating Committee for Jefferson County Announces Nominees to fill three vacant judgeships
Posted on August 27, 2009FRANKFORT, Ky. ? The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill three vacant judgeships that serve Jefferson County. The nominees are for the vacant circuit judgeship in the 30th Judicial Circuit, Division 11, and the vacant district judgeships in the 30th Judicial District, [...
U.S. Supreme Court ? Actual Innocence Doctrine Gains Favor ?Scalia /Thomas Dissent
Posted on August 25, 2009Quoting the L.A. Times August 25, 2009 ?Whatever their views about capital punishment, most Americans probably assume that a convicted defendant will be released from prison if he can prove that he didn’t commit the crime. In fact, the Supreme Court has stopped short of endorsing what lawyers call the “actual innocence” doctrine...
Rep. Robin Webb Gives Gov. Beshear a Big Win In l8th. Senatorial District Special Election
Posted on August 25, 2009Democrat Robin Webb has won by a narrow margin (282 VOTES) over Republican Jack Ditty in the Kentucky 18th District Senate seat in Tuesday’s special election SPECIAL ELECTION RESULTS August. 25, 2009 [R] Jack Ditty: 8,402 (46.6%) [D] Robin Webb: 8,684 (48...
Courts and Legislatures scramble to defeat confrontation clause rights upheld in Melendez-Diaz v. Massachusetts
Posted on August 20, 2009The right to confront your accuser is a constitutional right, and the U.S. Supreme Court has recently held that this includes the right to cross-examine forensic crime lab experts. Some states have interpreted this ruling to require an expert who monitors the proper working condition of BA machines to be available at trial to testify [...
Three Franklin County Attorneys Nominated to Governor for Family Court Position ? They are Roy Church Gray III, Rex Lee Hunt and Squire Needham Williams III.
Posted on August 20, 2009August 20, 2009 FRANKFORT, Ky. – The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill the vacant Family Court judgeship in the 48th Judicial Circuit, Division 3, which serves Franklin County...
Interview with Dean Ault, Eastern Kentucky University on Capital Punishment
Posted on August 19, 2009Here is a compelling interview with Dr. Allen Ault on his views of the death penalty made from his vantage point as a former prison warden, state corrections commissioner, psychologist (phd) and now dean. After our meeting last Friday, he authorized its release...
SurveyUSA Poll shows 8 Point Lead by Mongiardo in Dem. Senate Race ? Greyson Leads in Republican Senate Race
Posted on August 19, 2009WHAS-TV?s Joe Arnold just reported live the following results from the first state-wide SurveyUSA poll on primary head-to-head races. The whole poll will probably be posted later tonight. State-wide Dems: Mongiardo ? 39% Conway ? 31% By Telephone Area Code: 270 ? Mongiardo 2 to 1 (Western Ky...
AOC SETTLEMENT WITH CODELL CONSTRUCTION ALLOWS COURT HOUSE PROJECTS FOR CARLISLE, HANCOCK, MERCER and WHITLEY counties TO COMMENCE.
Posted on August 18, 2009Aug. 18, 2009 FRANKFORT, Ky. ? Construction on judicial center projects in four Kentucky counties can commence immediately based on a settlement agreement finalized today by the Administrative Office of the Courts and Codell Construction Company of Winchester, Ky...
Justice ?Killer? Keller Goes on Trial today in Texas. She is representative of Tough-on-Crime Appellate Judges
Posted on August 17, 2009Justice Sharon Keller, goes on trial today in Texas on ethics charges including the allegation that she refused to leave her office open past 5 p.m. when attorneys were attempting to file a last minute motion that could have delayed their clients execution...
Ky. Sup. Ct. Considers Plan to Release People Arrested for Minor Offenses -Plan could save $400,000 a Day
Posted on August 17, 2009The Kentucky Supreme Court has approved a proposal to test a cost-saving initiative that could allow people arrested for marijuana possession, prostitution and hundreds of other nonviolent crimes to avoid going to jail. The Kentucky Supreme Court has approved a proposal to test the initiative in a handful of counties before deciding whether to expand it [...
Diet Drug Lawyers Gallion and Cunningham to be Sentenced August 17th. ? Appeal Imminent
Posted on August 15, 2009Laura Voorhees, the Deputy U.S. Attorney who prosecuted William Gallion and Shirley Cunningham announced that she is seeking 35 years imprisonment for Gallion and 30 years for Cunningham. Considering their current age, this amounts to a life sentence...
Judge Susan Gibson Dismisses Coach?s Indictment Due to Failure of Commonwealth to Notify Grand Jury of His Request to Testify ? Grand Jury Not Required to Grant Such Request But Must be Informed by Commonwealth.
Posted on August 15, 2009August 13, 2009 Jefferson Circuit Judge Susan Schultz Gibson this week dismissed an indictment against Pleasure Ridge Park High School Coach Jason Stinson. The Commonwealth had failed to advise the Grand Jury that heard the indictment handed down last week, that Stinson had requested that the Grand Jury allow him to appear and testify before them...
Federal Judges complain that Congress and the Supreme Court have raised daunting barriers for death row prisoners to appeal their convictions
Posted on August 15, 2009New York Times August 13, 2009 It took just 80 words for a federal appeals court to deny Kevin Cooper?s most recent plea to avoid execution. But attached to that order was a forceful 101-page dissent by a judge, all but pleading to spare Mr. Cooper?s life...
Appellate Judges? Dissents for Death Row Inmates Are Rising ? ?California about to execute an innocent man.?
Posted on August 14, 2009New York Times By JOHN SCHWARTZ August 13, 2009 It took just 80 words for a federal appeals court to deny Kevin Cooper?s most recent plea to avoid execution. But attached to that order was a forceful 101-page dissent by a judge, all but pleading to spare Mr...
Court Appeals Allows Blood Test of Unconscious Defendant Suspected of DUI
Posted on August 07, 2009The Court of Appeals issued a decision on Friday August 7th. which held that a Blood Test ordered by police officer at hospital was admissible even though the officer testified that he filled out the consent form and he believed the defendant was unconscious...
New Mexico Court Strikes Out Baseball Rule -Weakens Assumption of Risk Doctrine
Posted on August 06, 2009August 5, 2009 The parents of a young boy struck in the head when a batter hit a ball into a picnic area before an Albuquerque Isotopes game can sue the minor league team and the city, an appellate court has ruled. The New Mexico Court of Appeals declined to adopt the so-called “baseball rule,” which immunizes [...
John Meyers Named Executive Director of Ky. Bar Association
Posted on July 30, 2009Lexington attorney John D. Meyers is the new executive director of the Kentucky Bar Association, replacing Jim Deckard, who resigned to return to private practice in February. Meyers was selected after a four-month search. He has been the association?s interim executive director and director of its continuing legal education program...
Britain?s House of Lords Surrender Their Role As the Highest Court in United Kingdom
Posted on July 30, 2009The House of Lords will be replaced as the highest court in the land when the doors open for business at the UK’s first separate Supreme Court in October. July 30, 2009 -BBC As the Law Lords ruled on Thursday that there must be a clarification of the law on assisted suicide, following a legal challenge by [...
LawReader Judge May Be Viewed on Today Show July 30th.
Posted on July 29, 2009Thursday morning July 30th. Matt Simons, our tech guy for LawReader will be in New York City, and will wear his LawReader Judge robe and white wig, and will try to get viewed on the Today Show when they scan the crowd. If you get a chance to watch the Today Show tomorrow morning see if [...
Internet Radio Talk Show Host Hal Turner Arrested for Threatening Three Federal Appeals Court Judges in Chicago Over Recent Decision Upholding Handgun Bans
Posted on July 28, 2009Hal Turner, an intermittent internet radio talk show host and blogger, was arrested today by FBI agents at his home in North Bergen, N.J., on a federal complaint filed in Chicago alleging that he made internet postings threatening to assault and murder three federal appeals court judges in Chicago in retaliation for their recent ruling [...
Was Black Harvard Professor Properly Charged with Disorderly Conduct? See the actual law for yourself.
Posted on July 24, 2009See Massachusetts Disorderly Conduct Statute ? Whether Black Harvard Professor was In Violation of the Law turns on his home being a public place?. Com. v. LePore, 666 N.E.2d 152, 40 Mass.App.Ct. 543 (Mass. App. Ct., 1996) A person is “disorderly” under G...
Governor Beshear make four appointments to Judiciary. Charles W. Hardin, Ira D. Newman, George W. Davis, & Robert Costanzo as Judges
Posted on July 24, 2009FRANKFORT, Ky. ? Governor Steve Beshear today (July 24, 2009) announced the following judicial appointments. The Honorable Charles William Hardin, of Richmond, has been appointed District Judge of the 25th Judicial District, Division 1, consisting of Clark and Madison counties...
Virginia Court Applies Melendez-Diaz Supreme Court Ruling On Confrontation of Experts to BA technicians Who Calibrate the Machine- May effect Speeding Cases
Posted on July 23, 2009By Robert McCartney The Washington Post - July 23, 2009 Drunk drivers and potheads, rejoice. If you get caught, the Supreme Court has made it easier for you to beat the rap, at least in Virginia and maybe soon elsewhere in the region. That pesky Bill of Rights is creating hurdles for the police again...
U.S. Supreme Court Ruling Allows Federal Trial Judges to Dismiss Civil Claims They Find ?Not Plausible? ? Ruling May Supersede Traditional Summary Judgment Standards
Posted on July 21, 2009– ?This is a blank check for federal judges to get rid of cases they disfavor.? ??..federal judges will now decide at the very start of a litigation whether the plaintiff?s accusations ring true, and they will close the courthouse door if they do not...
Ohio Ex-Post Facto Sex offender Reporting law ruled Unconstitutional
Posted on July 21, 2009July 21, 2009 By Mike Sever Record-Courier staff writer An opinion by the 11th District Court of Appeals in Warren may rekindle the debate over whether Ohio?s Adam Walsh Act sex offender law is constitutional. It may be a brief debate, since the Ohio Supreme Court is expected to render its decision on the constitutionality sometime this fall...
Congress Considers Information Age Solutions in Copyright Laws
Posted on July 21, 2009by Irvin Muchnick? Jul. 21? 2009 Last week brought one of those quirky stories, combining legal confusion and Big Brother overtones ? the kind technology journalists love to bat around. Amazon.com, whose Kindle appliance is taking the book industry by storm, discovered that it hadn?t acquired the electronic rights to George Orwell?s Animal Farm and [...
Attorney Speaks on Civility among Lawyers - Essay by Kurt K. Mohnsam
Posted on July 16, 2009AN OBSERVATION ON CIVILITY By Hon. Kurt K. Mohnsam, Esq Lawyers have a reputation for being involved in some of the less admirable deeds that a person can commit. Sometimes, they develop a habit of cultivating, even enjoying, this reputation. I?ve had the opportunity to observe two lawyers at random, and to see just how they responded [...
Gov. Chips Away At State Senate Majority -Appoints Sen. Borders to PSC
Posted on July 16, 2009FRANKFORT, Ky.?Gov. Steve Beshear announced today the appointment of State Senator Charlie Borders as a commissioner of the Kentucky Public Service Commission (PSC). As one of three commissioners, Sen. Borders will join Chairman David Armstrong and Vice-Chairman James Gardener in rendering decisions on the rates and services of utilities serving nearly every Kentucky resident...
Ohio Appellate Judge Mark P. Painter has been elected to a seven year term on the new ?United Nations Appeals Tribunal? ? Leaves Ohio Appellate Bench
Posted on July 14, 2009Judge Mark P. Painter after 27 years on the Ohio bench has been elected to serve on the United Nations Appeals Tribunal. General Assembly appoints 12 judges to United Nations dispute tribunals in key step to improve organization?s internal justice system The General Assembly today appointed five judges to serve on the United Nations Dispute Tribunal, and [...
Boyd County to dedicate new judicial center July 17 ?Public Invited
Posted on July 13, 2009FRANKFORT, Ky. — The public is invited to a dedication ceremony for the Boyd County Judicial Center on Friday, July 17, at 11 a.m. EDT at 2805 Louisa St. in Catlettsburg. ?This beautiful, modern and secure facility is a very welcome addition to Boyd County and the city of Catlettsburg,? Boyd County Judge-Executive William ?Bud? [...
California Supreme Court allows challenges to Breathalyzer results
Posted on July 10, 2009L.A. Times, July 9, 2009 The court permits drunk-driving defendants in some cases to question blood-alcohol findings, which are sometimes inaccurate depending on factors such as gender and medical conditions. Accused drunk drivers now have more ammunition for challenging Breathalyzer findings as a result of a unanimous ruling Thursday by the California Supreme Court...
California Prosecutor May Lose Law License for Prosecutorial Misconduct
Posted on July 09, 2009July 7, 2009 A California a state bar judge recommended that Santa Clara County prosecutor Ben Field be suspended from the practice of law for four years. Field, 44, once a star prosecutor had harbored ambitions of becoming district attorney or a county judge, said Tuesday he has no intention of dropping his fight against the bar [...
NKBA sponsors Evening of Baseball at Florence Freedom- Aug. 6, 2009
Posted on July 07, 2009Join us for an evening of baseball, networking and fun at the NKBA Thirsty Thursday Night at the Florence Freedom August 6, 2009 ~ Game Time: 7:05 P.M. Cost: $22 per person includes · Game ticket in the Gold Nest ~ sheltered area behind home plate · VIP BBQ Buffet: Shredded BBQ pork, hamburgers, hot dogs, chicken tenders, [...
New Law Increases Dollar Amount of Felony and Misdemeanor
Posted on July 06, 2009Under a new law which went into effect on June 25, 2009, the dollar amount for felony offenses has been increased. A class D felony now requires theft , extortion or damage to property of a minimum of $500, A class C felony now requires $10,000. The following statutes have been amended...
Gov. Makes Appointments to College Boards. Several Attorneys named.
Posted on July 06, 2009July 6, 2009 FRANKFORT, Ky.?Gov. Steve Beshear has made the following appointments to Kentucky university boards: Gov. Beshear has appointed the following members to the University of Kentucky Board of Trustees, to serve for terms expiring June 30, 2015: · Carol ?Bill? Gatton, of Kingsport, Tenn...
SHELBY CIRCUIT JUDGE GRANTS WRIT LIMITING PRETRIAL CONFERENCES IN DISTRICT COURT
Posted on July 06, 2009By LawReader Senior Editor Stan Billingsley July 4, 2009 Recently Shelby County Circuit Judge Chuck Hickman granted a Writ of Prohibition sought by Shelby County Attorney Hart Meggiben. The County Attorney sought the Writ of Prohibition against a ruling by Shelby District Judge Donna Dutton in which she ordered a pretrial conference in a criminal [...
LAWREADER USER DICK LAWRENCE and Co-Counsel KEN SIGLEMAN SCORE $30 MILLION DOLLAR MEDICAL MALPRACTICE VERDICT IN OHIO -
Posted on July 06, 2009July 6, 2009 LawReader user Richard ?Dick? Lawrence of the Lawrence Firm in Covington, Ky. and Co-counsel Ken Sigleman of San Diego, tried the case which took four weeks, in Dayton, Ohio. The plaintiff?s verdict is the largest malpractice award in Ohio history...
KY. SUPREME COURT INVITES CASE TO EXPAND EXPUNGEMENT LAW
Posted on July 06, 2009Every once in awhile the Supreme Court sends a message that if an enterprising litigant will submit the right case that the court may be amenable to consider relief that they have not previously granted. They can only work with the material sent them on appeal...
New KBA President, Buzz English Sworn In
Posted on July 02, 2009Charles ?buzz? english, jr. sworn in as new kba president Sets fund-raising for KLEO Summer Institute as one of his first priorities Charles E. ?Buzz? English, Jr., of Bowling Green, officially begins his one-year term as president of the Kentucky Bar Association (KBA) today, Wednesday, July 1...
Gov. Beshear Appoints Three African American Judges In Jefferson County
Posted on July 02, 2009Gov. Beshear has improved the racial diversity of the Jefferson County Judicial System by appointing Olu Stevens as a Circuit Judge. Stevens is the immediate past presidence of the Louisville Bar Association. He also appointed Sadiqua Reynolds and Erica Lee Williams as District Judges...
SUGGESTIONS ON HOW TO JUMP START YOUR LAW CAREER
Posted on July 02, 2009Suggestions to jump start a legal career Develop ?expertise? in some area of the law through self-education. Publicize this skill by writing articles and sending them to bar journals, legal blogs. Volunteer to speak at CLE events. This will pump up your resume...
Judge Martin J. Sheehen Vindicated by U.S. Supreme Court ? It took twelve years, but his important ruling in the ?Rosetta Stone Case? has now been upheld.
Posted on July 02, 2009Judge Martin J. Sheehen Vindicated by U.S. Supreme Court ? It took twelve years, but his important ruling in the ?Rosetta Stone Case? has now been upheld. By LawReader Senior Editor Stan Billingsley July 2, 2009 Twelve years after the Kentucky Supreme Court shot down some DUI rulings made by then Kenton District Judge Martin J...
Read Michael Jackson Will?.
Posted on July 01, 2009JULY 1–A will signed in 2002 by Michael Jackson stipulates that his assets be placed in a family trust and that his mother be appointed the guardian of his three offspring. The will, a copy of which you’ll find below, lists three executors, including lawyer John Branca and music industry executive John McClain...
Expert Explains Justification for Derivatives
Posted on July 01, 2009Testimony of Don Thompson JPMorgan Chase & Co. (JPMC) on behalf of the Securities Industry and Financial Markets Association (SIFMA) House Committee on Financial Services Subcommittee on Capital Markets, Insurance and GSEs June 9, 2009 Chairman Kanjorski, Ranking Member Garrett, and Members of the Subcommittee, my name is Don Thompson, and I am a Managing Director and Associate General Counsel [...
U.S. Supreme Court Throws Out Missouri Law Against Disrupting a Funeral. KRS 525.055 Adopted in 2006 may be affected.
Posted on June 30, 2009U.S. Supreme Court Throws Out Missouri Law Against Disrupting a Funeral. KRS 525.055 Adopted in 2006 may be affected. June 30, 2009 The U.S. Supreme Court on Monday refused to consider Missouri’s appeal of a court order barring the state from enforcing a law restricting protests near funerals...
U.S. Supreme Court Reverses 100% of 6th. Circuit?s appeals, 96% of 9th Circuit?s, this term
Posted on June 29, 2009Excerpts from L..A. Times - Carol J. Williams June 29, 2009 During the current term of the U.S. Supreme Court justices reversed, at least partially, 94% of the Ninth Circuit Court of Appeals rulings. Part of the reason, experts say, is the court is perceived as liberal and partial to the underdog...
U.S. SUPREME COURT - CRIME LAB TECHNICIANS MUST APPEAR IN COURT FOR CROSS-EXAMINATION
Posted on June 26, 2009The defense bar today gains the formidable power to require the government to transport the analyst to the courtroom at the time of trial,? Justice Kennedy wrote. The U.S. Supreme Court on Thursday June 25, 2009 change some 90 years of precedent and ruled that Crime Lab Technicians must be available in the courtroom for cross-examination...
Seven Senators who voted against Slots Bill face potential Voter Backlash in 2010
Posted on June 25, 2009Columnist Larry Dale Keeling wrote in the Herald-Leader blog that the Senate Appropriations and Revenue Committee defeat of the Governors Racetrack slots bill has cost the districts of seven Republican Senators millions of dollars in education projects...
Ky. House votes to balance budget, create jobs, and lower taxes on military pay
Posted on June 24, 2009June 24, 2009 Frankfort ? Classroom funding will be protected, Kentucky companies will have further incentive to expand, our men and women in uniform will get much-deserved tax relief, and large bridge projects will now be able to move forward under legislation strongly supported today in the state House of Representatives...
HB 369 regarding new law for loss of driver?s license for certain theft offenses goes into effect. KRS 532.356(a) ? See AOC Forms for suspension, reinstatement and Hardship Licenses
Posted on June 24, 2009HB 369 goes into effect today June 25th. It raises the threshold amounts for theft-related offenses, and contains a provision which requires a court to declare upon conviction for these offenses that a defendant is ineligible to operate a motor vehicle for the period of time that any restitution is owed...
U.S. Supreme Court Rules Parents of Special Ed Students Can Seek Compensation for Private Schooling of Their Children
Posted on June 22, 2009June 20, 2009 The Supreme Court ruled this week that parents of special education students who opt for private school instead of trying the public system cannot be barred from seeking public reimbursement for their tuition costs. The court ruled 6-3 Monday in favor of a teenage boy from Oregon whose parents sought to force their local [...
NEW RULE CREATES DUTY OF LAWYERS TO REPORT ETHICAL VIOLATIONS OF THE CODE OF PROFESSIONAL RESPONSIBILITY.
Posted on June 22, 2009By Stan Billingsley, LawReader Senior Editor ? June 20, 2009 One of the important new ethic rules applying to the legal profession, which became effective on June 15, 2009, makes an important change in the duty to report ethical violations to the KBA Inquiry Commission...
Here We Go Again: U.S. Supreme Court to tackle clarity of Miranda warnings again
Posted on June 22, 2009The U.S Supreme Court agreed June 22, 2009 to hear another case over just how explicit the Miranda Warning language must be. In its landmark 1966 Miranda v. Arizona ruling, the high court set out to protect the constitutional right of people not to incriminate themselves once in custody...
Supreme Court Conservative Majority says Innocent Have No Constitutional Right to Access DNA Evidence Would Could Prove Their Innocence - Guess They Never Heard of Due Process
Posted on June 20, 2009After noting that DNA testing has an “unparalleled ability both to exonerate the wrongly convicted and to identify the guilty,” a five-member majority of the Supreme Court said there was no right to the convincing reviews. If that strikes you as strange, you’re not alone...
Gov. Beshear?s Budget Bill w/Racetrack Slots now up to Senate - Williams Issues Double Dare Warning to Gov. and House Speaker ?How to Contact Your Senator
Posted on June 20, 2009The Senate President, David Williams has issued a double-dare to House Speaker Greg Stumbo and Gov. Steve Beshear regarding the Racetrack Slots proposal. Before the bill passed the House on Friday by a vote of 52-45, Williams sent a message that it would not pass the Senate...
Kentucky Human Rights Commission issues Rulings for June
Posted on June 19, 2009June 19, 2009 RICHMOND ? The Kentucky Commission on Human Rights Board of Commissioners at its meeting today ruled to accept four conciliations. It dismissed 24 complaints with findings of no probable cause and two withdrawals without settlement but with a right to sue...
Supreme Court Sets Aside Age-Bias Rule and Makes Suits Harder to Win
Posted on June 19, 2009With workplace age-discrimination claims rising rapidly, the Supreme Court made it much harder Thursday June 18, 2009,for older workers to win in court. The 5-4 decision reversed a long-standing rule. Many federal appellate courts had decided that if a worker could show age was one of the factors in a layoff or demotion, then the employer [...
U.S. Supreme Rules No Constitutional Right to DNA test
Posted on June 18, 2009The Supreme Court said today that DNA possesses a unique ability to free the innocent and convict the guilty, but the justices nonetheless ruled that prisoners do not have a constitutional right to demand DNA testing of evidence that remains in police files...
Dr. Ted predicts Slot Bill to pass House and has enough votes in Senate to pass if it is allowed out of committee by Williams
Posted on June 18, 2009?Before the special session began, only 40 or so legislators were in favor of allowing VLTS at racetracks. . The House Democratic Leadership won over nearly 20 members with the inclusion of additional school construction projects in HB 1. There are enough votes on the State Senate floor to pass HB 2...
The U.S. Supreme Court has limited the role of the courts in reviewing arbitration awards under federal law.
Posted on June 18, 2009In a 6-3 decision Tuesday June 16, 2009, the justices said, that there may be other legal avenues besides the Federal Arbitration Act to enable a larger role for the courts in examining the work of arbitrators. The case before the Supreme Court involved a cleanup dispute between toy maker Mattel Inc...
Cincinnati Sheriff Will Start Patrolling In Kentucky?.He is spending $90,000 in federal stimulus money to buy fancy boat to patrol a river owned by Kentucky. What?s wrong with this picture?
Posted on June 17, 2009Cincinnati Sheriff Simon Leis, has obtained the approval of the Hamilton County Commissioner to use $90,000 in federal stimulus money to purchase a fancy boat to patrol the Ohio River across from Covington and Newport, Kentucky. This suggests that Sheriff Leis intends to extend his law and order crusade into Kentucky waters...
Attn. Gen. Conway Issues Opinion Finding that Constitutional Amendment Is Not Necessary
Posted on June 15, 2009JACK CONWAY - ATTORNEY GENERAL June 15,2009 Subject: Video Lottery Termials at Kentucky’s Horse Race Tracks Requested by: State Representative Jody Richards, 20th Legislative District Written by: Jennifer Black Hans Assistant Attorney General Syllabus: The General Assembly may authorize the Kentucky Lottery Corporation to establish, license, reguate and tax video lottery terminals at designated horse racing tracks under Ky...
Every once in a while an Appellate Judge Charms Us With a Pithy Quote?..Judge Huddleston shines on this one?.
Posted on June 15, 2009Opinion by Senior Judge HUDDLESTON ? Accordingly, we decline to review Appellants’ allegation of error with respect to the allocation of peremptory challenges. FN25. The distinction is as clear as the one between a demand for one’s “fair share” and a request for “some more...
Federal Court Allows Civil Suit Against Prosecutor To Continue
Posted on June 14, 2009LawReader.com June 14, 2009 U.S. District Judge Jeffrey White of San Francisco has allowed a civil claim against a former U.S. Justice Department lawyer proceed for his work in drafting legal opinions upholding the right of the government to torture terroristic suspects...
Government Patent Law Rewards Lawyers Who File Claims Against Patent Holders who represent that their expired patents are still valid. Government gives half of damage awards to party suing to enforce patent law.
Posted on June 14, 2009Government Patent Law Rewards Lawyers Who File Claims Against Patent Holders who represent that their expired patents are still valid. Government gives half of damage awards to party suing to enforce patent law. A recent ruling on an obscure, century-old statute has opened the door for people familiar with the finer points of patent law to [...
Kentucky?s Highest Court Ruled in 1931 that Constitution Did Not Outlaw Gambling?only lotteries?this ruling allowed pari mutual betting at race tracks?why does this myth continue?
Posted on June 14, 2009Kentucky?s Highest Court ruled in 1931 in the case of Commonwealth v. Kentucky Jockey Club, Inc., 238 Ky 739, 38 SW2d 987 (1931) that Section 226 of the Kentucky Constitution, which is often cited as outlawing casinos and slots in Kentucky. The Court said this section only outlawed ?lotteries of the type familiar? in 1891 [...
There is case law that supports the conclusion that Kentucky does not need a Constitutional Amendment to permit the licensing of Casino Gambling
Posted on June 14, 2009By LawReader Senior Editor Stan Billingsley ? Feb. 7, 2008 Gov. Beshear made his support for a constitutional referendum to allow casino gambling a mainstay of his successful campaign for Governor in 2007. That issue as advanced by Gov. Beshear is based on the assumption that a constitutional amendment is necessary to permit the legislature to [...
Court of Appeals Sends Message to Family Courts- YOU ARE NOT SOCIAL WORKERS!!!
Posted on June 13, 2009By LawReader Senior Editor Stan Billingsley At LawReader we edit every Kentucky Appellate decision and publish them every week. Over the last six months we have noticed a very high number of cases from Family Courts being reversed. We pursued this observation and have been persuaded by people who should know?(we protect all sources)?and have been [...
SILLIEST LAWSUIT OF THE YEAR FILED IN CAMPBELL COUNTY CIRCUIT COURT. Rep. Fischer asks court to examine racetrack gambling law which doesn?t exist.
Posted on June 13, 2009Rep. Jon Fischer of Campbell County has filed a lawsuit asking the Campbell Circuit Court to issue a declaratory judgment that the Governor?s proposed legislation for allowing video gambling terminals in racetracks violates the Kentucky Constitution...
Jefferson Prosecutor Accused of Not Disclosing Alleged Plea Deal Resigns
Posted on June 12, 2009Ruth Lerner an Assistant Commonwealth Attorney in Jefferson County has resigned under pressure after officials say she cut a deal with a witness in a capital murder case, but didn’t disclose it. The AP reported that Jefferson’s Attorney David Stengel says the undisclosed deal by Ruth Lerner resulted in the death penalty case being pleaded down [...
Attorney Eric Deters to Take on Police Office in Martial Arts Cage Match. He is doing this for charity, but the police officer may be doing this to get Eric!!!
Posted on June 10, 2009We found the following report on the Cincinnati Whistleblower Blog. We asked Eric if this is true and he says indeed it is true and tickets are on sale. The event will be at the Dearborn County Fairgrounds on Aug. 29th. Cincinnati Whistleblower June 9, 2009: ?Bluegrass Belligerence Bluegrass Bureau Chief Ken CamBoo says out [...
Big Law Firms in the New York Model Becoming Obsolete ? salaries plunge-job security vanishes
Posted on June 09, 2009The legal industry is facing a paradigm shift as fundamental as the one that has hit investment banks and the auto industry. Big Law Firms, as a business model, seems bound for obsolescence. The Hildebrandt index found, for example, that at the nation?s 20 top-grossing law firms ? 12 of which are in New York ? [...
Supreme Court Orders Recusal of Appellate Judge Who Received Large Contributions From Litigant ? This Precedent sets new recusal standard for elected judges.
Posted on June 09, 2009June 8 2009 The right to a fair hearing before an impartial judge, untainted by money or special interests, is at the heart of the nation?s justice system and the rule of law. That right is more secure following a 5-to-4 ruling in Caperton v. A. T. Massey Coal Co, on Monday by the United [...
Career Enhancement Seminar for Female Attorneys June 18th.
Posted on June 09, 2009Register Today For An Opportunity To Enhance Your Career Development Join us for this engaging, hands-on workshop for women attorneys packed with proven techniques and ideas you can take back to your office and use immediately. Both our speakers have over 30 years of business experience and have served as mentors to women in the workplace...
Gov. Beshear unveils details of proposed VLT legislation - Measure would limit VLTs to horseracing tracks to save signature industry in crisis
Posted on June 09, 2009FRANKFORT, Ky.?Citing the crisis confronting the horse industry, Gov. Steve Beshear today released details of his proposal to authorize the limited use of Video Lottery Terminals (VLTs) at Kentucky horseracing tracks. Kentucky?s racetracks, Gov. Beshear said, are experiencing increased competition from other states offering enhanced race purses and breeders incentives made possible from expanded gaming [...
Juries in Kenton and Jefferson Issue Million Dollar Verdicts against Med Mal Insurers for Unfair Settlement of Claims -This should ?send a message? to adjustors
Posted on June 06, 2009This has been a good week for Med Mal lawyers in Kentucky. In Two separate cases, one in Jefferson County and one in Kenton County, Med Mal insurance companies were found by juries to have failed to attempt to settle claims against victims of malpractice...
Jefferson Com. Attn. Dave Stengel Does the Right Thing and asks Attn. General to Intervene Re: Claims of Perjury regarding Plea Deal offered Jail House Snitch
Posted on June 06, 2009The Courier- Journal reported today that Jefferson Commonwealth’s Attorney Dave Stengel has asked the state attorney general’s office to investigate whether a jailhouse snitch in a murder case lied during his testimony last week about making a deal with prosecutors...
Detroit Judge Prosecuted for Knowingly Allowing Perjured Testimony to Protect Informant ? case has uncanny resemblance to Louisville case.
Posted on June 05, 2009This news story from Detroit shows the trouble a Judge can get himself into for (allegedly) bending the rules to help prosecutors obtain convictions. A Similar claim has been made in a murder trial in Louisville. COMPILED BY JOE SWICKARD AND BEN SCHMITT ? May 12, 2009 Freep...
Attorney Alert: Beware of the Asia Collection Scam which is trying to lure in Kentucky Lawyers
Posted on June 04, 2009There is a prolific scam going on now that involves law firms collecting money owed to Asian companies. The scammers are targeting Law Firms, and using verifiable company names. This is a very professional scam, and you are the target. If they approach you they will say they represent a manufacturing company somewhere in Asia...
Commonwealth Attn. conducting Internal Review of Public Defender?s Allegations
Posted on June 03, 2009TThe Jefferson County Commonwealth’s Attorney’s office is conducting an internal review of allegations that two of its prosecutors withheld crucial information from defense attorneys and then lied in court about a deal with a jailhouse informant in a capital murder case...
Attorney General Conway and Members of the Prosecutors Advisory Council Praise Governor Beshear?s Proposed Budget Increase for Prosecutors
Posted on June 03, 2009June 3, 2009 Attorney General Jack Conway and members of the Prosecutors Advisory Council today praised Governor Steve Beshear?s proposed Special Session budget that seeks to increase funding for Kentucky prosecutors. The Governor?s proposal calls for an increase to the Unified Prosecutorial System in fiscal year 2010 in order to ease the devastating budget shortfall that [...
Our prosecutorial accountability system will be tested by claims made by a Public Defender in Louisville this week. Will a prosecutor investigate and consider filing charges against another prosecutor in his office?
Posted on June 02, 2009Jefferson County Public Advocate Jay Lambert held a press conference on Monday June 1, 2009, and claimed that Judge Perry and Prosecutor Jason Butler misrepresented to the Trial Judge, Charlie Cunningham, that there was no deal or consideration extended to a jailhouse informant...
Do you know what this Chinese says? ???????? See how to translate this?
Posted on June 02, 2009We do, it means: ?When depositions may be taken.? The reason we know is that Microsoft Word has a built in translator. This came up as LawReader has been communicating with several Chinese companies (it?s never dull around here) and we needed to translate some terms...
U.S. Supreme Ct. to review Patents for Business-Method Processes
Posted on June 01, 2009The U.S. Supreme Court agreed to consider what types of business methods qualify for patent protection in a case with ramifications for the software, biotechnology and financial services industries. The justices today said they will review a lower court decision that narrowed the class of patentable inventions, excluding some innovations that don?t have a physical [...
Law Professor Makes Compelling Argument for Term limits for Supreme Court
Posted on June 01, 2009By Hon. Jonathan Yates The Buffalo News June 1, 2009 With an opening on the Supreme Court, attention should also be turned to the lifetime appointments for the justices. This lifetime term now enjoyed by justices not only contravenes the spirit of the Constitution, it counters the role intended for the court as a minor player [...
Did Coach Gillespie?s attorney sue the wrong party in the wrong state? UK claims no contract existed due to repeated counteroffers by coach.
Posted on May 29, 2009In the University of Kentucky?s lawsuit filed in response to the contract claim filed by fired UK basketball coach Gillespie, a claim is made that he sued the wrong party. Gillespie?s lawsuit was filed in a Texas court (??) and named the UK Athletic Association as the defendant...
KENTUCKY DOES NOT COMPENSATE PEOPLE WHO WERE WRONGFULLY CONVICTED AND IMPRISONED
Posted on May 28, 2009Kentucky is one of 32 states that do not provide compensation for people who have been wrongfully convicted and imprisoned. Prosecutors in Kentucky are given absolute immunity even though there is legislation that allows the State to pay any jury awards against prosecutors...
the kentucky Office of circumlocution -Kentucky State government steals charles dickens blueprints
Posted on May 28, 2009Rant by LawReader Senior Editor Stan Billingsley ? May 27, 2009 Charles Dickens created a fictional government ?Office of Circumlocution? in his novel Little Dorrit. This office was the ultimate representation of the red tape inherent in government institutions...
Ky. Company which manufactures BA machine faces $2 million in fines for flaunting court orders re: software code
Posted on May 27, 2009A Kentucky based company, CMI of Owensboro, manufactures the Breathalyzer machine used in Kentucky and other states, is facing more than $2 million in fines because of their refusal to release the source codes as ordered by courts in at least two states including Minnesota and Florida...
Bad Science and the Law ? Crime Labs Under Fire in National Study
Posted on May 27, 2009May 26, 2009 A report issued in February by the National Academy of Sciences identifies bad science being used by the courts in criminal trials. The report says crime lab analyses of physical evidence is often handled by poorly trained technicians who then exaggerate the accuracy of their methods in court...
Divorce Courts Ignore Fed. Law and Harass our troops and Small Businesses
Posted on May 26, 2009m.examiner.com May 25, 2009 Memorial Day is an opportunity to thank our troops, and open our eyes to the disgraceful way they are treated by divorce courts. The bias that divorce courts in my home state of Virginia exhibit against males, people who start small businesses, and breadwinner spouses in general has been ably chronicled by [...
President Obama Nominates Judge Sonia Sotomayor for Supreme Court
Posted on May 26, 2009President Obama has chosen Judge Sonia Sotomayor of the Federal Appeals Court as his nominee for the Supreme Court, officials said on Tuesday, and has scheduled an announcement for 10:15 a.m. at the White House. Ms. Sotomayor, 54, will be the first Hispanic to serve on the Supreme Court if her nomination is approved by the Senate.
U.S. Supreme Court weakens Right To Counsel ? Rules police can initiate suspect?s questioning after he has requested counsel
Posted on May 26, 2009The U.S. Supreme Court ruled on Tuesday that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant’s lawyer being present. By a 5-4 vote, the conservative majority overruled a 23-year-old Supreme Court decision that barred the police from initiating questioning after a defendant asserted the right to an attorney at [...
WHY HAVE TWO ATTORNEY GENERALS NEGLECTED TO INTERVENE IN THE FEN PHEN SUIT RE: HANDLING OF $20,000,000 IN CHARITABLE TRUST FUNDS?
Posted on May 26, 2009Article by LawReader Senior Editor Stan Billingsley - May 26, 2009 We are puzzled as to the inaction of two Kentucky Attorney General?s in failing to protect the public interest in asserting a claim for the $20 million dollars being held in a Charitable Trust in the Fen Phen case...
Study shows that on Oral Arguments, When the Justices Ask You more Questions, Be Prepared to Lose the Case
Posted on May 25, 2009?A few years ago, a second-year law student at Georgetown unlocked the secret to predicting which side will win a case in the U .S. Supreme Court based on how the argument went. Her theory has been tested and endorsed by Chief Justice Roberts and has been confirmed by elaborate studies from teams of professors...
Ky. Supreme Court Limits Number of ?Published? Decisions by Court of Appeals
Posted on May 23, 2009LawReader will begin identifying Ct. of Appeals Opinions , in our weekly synopsis, that we feel should have been published due to their importance and relevance. We welcome comments by members of the bench and bar on this topic. LawReader weekly publishes a synopsis of every Kentucky Appellate Decision...
Should we apply the lowest common denominator rule to the selection of Supreme Court Justices?
Posted on May 20, 2009The classic example of an attempt to apply this rule occurred in the 1970s, when President Nixon nominated G. Harold Carswell for a position on the Supreme Court. It was widely agreed that Carswell was unqualified, in fact mediocre, but that did not dissuade Sen...
Deputy chief justice Scott to be guest speaker at Drug Court graduation May 22 for Rowan, Bath/Menifee programs
Posted on May 20, 2009FRANKFORT, Ky. — Supreme Court Deputy Chief Justice Will T. Scott will be the guest speaker at a combined graduation ceremony for Rowan County Drug Court and Bath/Menifee Drug Court on Friday, May 22. Six participants will be recognized for completing the program ? five from Rowan County and one from Bath County...
Has Sen. McConnell had the Moses Penalty Imposed on him?
Posted on May 20, 2009It is conceded by everyone that Sen. McConnell is a strong leader of the Republican Party. He has lead the Kentucky Republican Party out of the wilderness and virtually single-handedly breathed new life into the two party system in Kentucky. In doing this he has offended some...
U.S. Attorneys and Fen Phen lawyers argue over interpretation of Jury Verdict regarding how much should be paid back by Gallion and Cunningham.
Posted on May 19, 2009Federal District Judge Danny Reeves, issued instructions to the jury in the Fen-Phen attorneys criminal trial, asking the jury to determine what funds should be paid back to the class action claimants. Defense lawyers for William Gallion and Shirley Cunningham are arguing that the indictment and the jury instructions say that only $30 million was [...
U.S. Sup. Ct. Refuses to Hear Medical Marijuana Case
Posted on May 18, 2009On Monday the U.S. Supreme Court sidestepped the politically explosive debate over whether federal drug laws trump the use of so-called legalized “medical marijuana.” The decision leaves unclear how local districts must comply if a state law, passed by referendum, allowing the limited use of medical marijuana conflicts with the federal government’s tough anti-narcotic stance...
Prosecutors Seek Removal of Judge on Drew Peterson case. They claim bias since he has previously sanctioned them for withholding exculpatory evidence. Will prosecutors get to handpick their judge?
Posted on May 18, 2009(May 18) - Former police officer Drew Peterson pleaded not guilty Monday to killing his third wife, whose death was reclassified as a homicide after the suburban officer’s fourth wife disappeared. A prosecution bid to change the judge in the proceeding stalled a defense plan to seek reduced bail for Peterson...
Indicted Judge, R. Cletus Maricle granted bail pending Federal Trial on vote fraud charges
Posted on May 16, 2009U.S. District Judge Danny C. Reeves denied the requests of the U.S. Attorney to keep Circuit Judge R. Cletus Maricle and Charles Wayne Jones, the county’s Democratic election commissioner in jail while they await trial on various election fraud charges...
Cocaine, Heroin and Marihuana Found in Tests of Air and Water in Madrid and Barcelona
Posted on May 16, 2009The following news story raises an interesting question about drug testing in general. If the air is polluted with controlled substances, is it possible that a person who breathes this air may test positive? May 15, 2009 www.hiexpress.com Researchers have found minute traces of cocaine, heroin and cannabis in the air of the two Spanish cities The [...
U.S. Supreme Court Still to Rule on Seven Big Cases This Term.
Posted on May 16, 2009U.S. Supreme Court Still to Rule on Seven Big Cases This Term. Voting rights: At stake is the federal government’s authority to prevent discriminatory voting changes through a provision of the landmark Voting Rights Act. This section forces all or parts of 16 states, many in the South, to submit proposed election changes to the Justice [...
Detroit Judge Prosecuted for Trial Error ? Perjured Testimony allowed to protect informant
Posted on May 15, 2009COMPILED BY JOE SWICKARD AND BEN SCHMITT ? May 12, 2009 Freep.com Felony charges against former Wayne County Circuit Judge Mary Waterstone should be dismissed because it is unfair to criminalize rulings, even erroneous ones, made during a trial, her attorneys argued in a written pleading filed Monday...
Court of Appeals Rules in Russell County Clerk?s Case that Incumbent Clerk Need Not Nourish a Viper in the Nest and May fire Deputy Clerk who runs against Her
Posted on May 15, 2009The court of appeals issued an important decision in a Russell County case holding that a Deputy County Clerk had no constitutional right to declare her candidacy to run against her boss, the incumbent Circuit Clerk, and retain her job. Deputy Russell County Clerk Stacie Cook sued Russell County Clerk Lisha Popplewell and Russell County alleging [...
William Kathman & Jay Vaughn provide useful update for Motor Vehicle Insurance Law
Posted on May 15, 2009LawReader Users Hon. William Kathman and Hon. Jay Vaughn of Busald, Funk & Zevely of Florence have written a detailed update of the law relating to Motor Vehicle Insurance Law, updated for 2009. This useful article full of citations can be read at: MOTOR VEHICLE INSURANCE LAW UPDATE This will be accessible for non-members for one [...
NCAA Ignores Court Ruling. Continues to Forbid College Athletes from Hiring an Attorney
Posted on May 14, 2009ESPN - An Ohio Judge struck down an NCAA bylaw prohibiting college baseball players from using legal advisors to negotiate with major league baseball teams has ruled that the NCAA appears to be in contempt of that ruling. Judge Tygh Tone ordered the NCAA to show cause within seven days why it should not be held [...
New York Ct. of Appeals Strikes Down GPS Tracking Without Warrant
Posted on May 13, 2009In a 4-to-3 ruling, the New York State Court of Appeals ruled on Tuesday that the State Police violated a criminal suspect?s rights under the State Constitution when it placed a GPS tracking device inside the bumper of his van without obtaining a warrant...
Sign Up Online for KBA Law Update Program this fall
Posted on May 13, 2009You may register online for this year?s KBA regional Law Update CLE program by following this link, http://www.kybar.org/Default.aspx?tabid=474 or you may mail your registration card to us. You may also download the PDF Registration Form and fax it to (502) 564-3225 or mail it to us at Kentucky Bar Association, 514 West Main Street, Frankfort, [...
Judge Susan Gibson gets it right in McCoy sentence. Judge asks: ?are we mad at this defendant or are we afraid of this defendant??
Posted on May 12, 2009Editorial by LawReader Senior Editor Stan Billingsley May 12, 2009 Jefferson Circuit Judge Susan Schultz Gibson was required this week to sentence 21 year old Kathryn McCoy for Tampering with Physical Evidence. After her child was stillborn, McCoy concealed the child?s body...
Google Now Offers Free Telephone information Service?this is really useful?and the price can?t be beaten. Check this out!!
Posted on May 05, 2009Here’s a number worth putting in your cell phone, or your home phone speed dial: 1-800-goog411 or 1-800-466-4411. This is an awesome service from Google, and it’s free — great when you are on the road. Don’t waste your money on information calls and don’t waste your time manually dialing the number...
What?s going on here?Is U.S. Supreme Court Pendulum Swinging Back in Favor of Criminal Defendants?
Posted on May 05, 2009May 5, 2009 - By LawReader Senior Editor Stan Billingsley Something is going on with the U.S. Supreme Court. This is beginning to look like a real trend. Four recent decisions (by a Supreme Court which inlcudes Thomas, Alioto, Roberts and Scalia,) have definitely favored criminal defendants...
U.S. Supreme Court previously forbade death penalty for juveniles, now will consider life sentences
Posted on May 04, 2009The Supreme Court agreed on Monday to consider whether the reasoning that led it to strike down the death penalty for juvenile offenders four years ago should also apply to sentences of life without the possibility of parole. The court accepted two cases on the issue, both from Florida and neither involving a killing...
U.S. Supreme Court Limits Corporate Liability in Superfund Cases for companies who had only limited responsibility for toxic spills
Posted on May 04, 2009The Supreme Court on Monday made it harder for the government to recover the often enormous costs of environmental cleanups from companies with only minor or limited responsibility for toxic spills. Skip to next paragraph The decision tightened the reach of the Superfund law, known formally as the Comprehensive Environmental Response, Compensation and Liability Act, by [...
U.S. Supreme Court rules for immigrant who uses fake id of non-existing person. Court says this is not identity theft
Posted on May 04, 2009A unanimous Supreme Court said Monday that undocumented workers who use phony IDs can’t be considered identity thieves without proof they knew they were stealing real people’s Social Security and other numbers. The court’s decision limits federal authorities’ use of a 2004 law, intended to get tough on identity thieves, against immigrants who are picked up [...
Chief Judge Sara Comb?s stays ruling shutting down early-release program
Posted on May 02, 2009FRANKFORT, Ky. — Kentucky Court of Appeals Chief Judge Chief Judge Sara Combs granted Corrections Commissioner Ladonna Thompson’s request to stay Pulaski Circuit Judge David Tapp’s order which threw out the states early-release program...
Justice Venters delivers keynote speech at Kentucky?s Law Day celebration
Posted on May 01, 2009Law Day designated to celebrate rule of law, American freedoms FRANKFORT, Ky., May 1, 2009 ? For a society that values liberty and the rule of law, having many lawyers is ?a good thing,? Justice Daniel J. Venters of the Supreme Court of Kentucky told an audience today during the Kentucky Law Day celebration at the [...
Ninth Circuit Ct. of Appeals strikes blow on ?State Secrets? privilege
Posted on April 29, 2009April 29, 2009 The Justice Department’s use of the so-called “state secrets” privilege. The once-rarely-used legal privilege was invoked repeatedly by the Bush administration to shut down civil lawsuits that alleged torture and other abuses of the law by U...
Can the prosecutor amend down DUI charges? This question is not definitively resolved.
Posted on April 29, 2009Can the prosecutor amend down DUI charges? This question is not definitively resolved. In 2006 the Court of Appeals seemed to say that the Commonwealth could plea bargain DUI cases, but in 2009 the Supreme Court overruled most of that decision, and strictly applied Chapter 189A...
Justice Venters to be LawDay Keynote Speaker
Posted on April 29, 2009FRANKFORT, Ky., April 27, 2009 ? Justice Daniel J. Venters of the Supreme Court of Kentucky will be the keynote speaker for the 2009 Law Day celebration Friday, May 1, at the Kentucky Capitol in Frankfort. The annual event will begin at 10 a.m. in the chamber of the House of Representatives...
Attorney alleged to have assisted Karen Sypher in Pitino Extortion Attempt
Posted on April 25, 2009In a Courier-Journal article published Saturday April 25, 2009, it was reported that and attorney, while representing Karen Sypher in her attempt to obtain money from University of Louisville Basketball coach Rick Pitino, had signed a letter to Coach Pitino which presented Sypher?s demand for some $10 million dollars in cash and property (two new [...
The recent U.S. Supreme Court Ruling Limiting Auto Searches when suspect is in custody, could spark a new look at the 4th. Amendment exceptions that have been carved out since Terry v. Ohio.
Posted on April 25, 2009Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and searches him without probable cause to arrest, if the police officer has a [...
Court of Appeals in 2006 case recognizes powers of DUI prosecutors to amend charges and plea bargain?..
Posted on April 25, 2009Court of Appeals in 2006 case recognizes powers of DUI prosecutors to amend charges and plea bargain?.. In 2006 the Court of Appeals in an unpublished case held that a prosecutor in a DUI case can amend the charges including a reduction in a DUI charge...
Grand Jury indicts Covington officials in Election Circular Probe
Posted on April 23, 2009April 23, 2009 Attorney General Jack Conway and his Office of Special Prosecutions today announced the indictment of three persons stemming from unlawful campaign practices in the 2008 election for Covington City Commission. Defendants Jerry Bamberger, 66, Steven Megerle, 29, and Craig Johnson, 44, were each indicted today by a Kenton County Grand Jury for one [...
LawReader adds TimeKeeper to allow you to time up to five projects at the same time?
Posted on April 21, 2009LawReader has added a TimeKeeper to allow you to keep a running total of the hours you spend on a project. You can name a project then start the TimeKeeper clock to record the time. This feature allows you Multitaskers to keep the time on five different projects at the same time...
FLASH: U.S. Supreme Court limits warrantless vehicle searches when defendant in custody
Posted on April 21, 2009April 21, 2009 WASHINGTON? The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers. The court’s 5-4 decision puts new limits on the ability of police to search a vehicle [...
SLEEPING JURORS ARE TIRED. STUDY SHOWS FATIQUE IMPAIRS MORAL JUDGMENT
Posted on April 21, 2009It’s been covered here before, but it’s worth revisiting. If you’re a trial lawyer, you’ve seen jurors sleeping. The key points are: 1. People are tired. Really, really tired. They’re holding two jobs, or staying up late with kids, or standing up all day, or all those things...
U.S. Sup. Ct. to rule on animal cruelty law
Posted on April 20, 2009April 20 - The U.S. Supreme Court will decide whether a federal law that makes it a crime to sell videos of animals being tortured or killed violates constitutional free-speech rights. The Supreme Court agreed to hear a U.S. Justice Department appeal defending the 1999 animal cruelty law after it was struck down for infringing free-speech [...
AOC REQUIREMENT FOR CONSTRUCITON BONDING TAKES EFFECT?
Posted on April 20, 2009Codell Construction has provided the full insurance required to start building nine new courthouses. Prior to an order by Chief Justice John Minton some construction companies for courthouse construction projects where only posting 5% bonds.. However, the company has not yet bought bonds for the 15 other construction projects that they’re managing for the state judicial [...
U.S. Supreme Ct. to consider reverse discrimination case
Posted on April 19, 2009The U.S. Supreme Court will take up a Connecticut reverse discrimination case involving whether a city can use race as a hiring or promotional standard for its employees. The case comes from a 2004 lawsuit filed by 18 firefighters who allege they were denied a move up the command ranks of the New Haven, Conn...
AOC ANNOUNCES ERRORS IN THEIR PRESS RELEASE RE: NEW RULES OF CONDUCT
Posted on April 18, 2009Jamie Ball, a spokeswoman for the Administrative Office of the Courts, said several proposed changes were actually rejected by a Supreme Court committee but inadvertently included in the final rules released Thursday. LawReader is preparing a report on the new rules and will publish our analysis as soon as possible...
Attorney accidentally sues himself in Class Action
Posted on April 17, 2009LawReader: Will the defendant file a wrongful use of civil process suit also? 3/11/2005 By Steve Korris - Madison St. Clair Record Alton attorney Emert Wyss thought he could make money in a Madison County class action lawsuit, but he accidentally sued himself instead...
Revised Supreme Court Rules of Professional Conduct that become effective 7-15-2009
Posted on April 16, 2009Revised Supreme Court Rules of Professional Conduct that become effective 7-15-2009 Current Supreme Court Rules with revisions marked (underline indicates an addition, brackets indicate text to be deleted) SCRulesPrior2009changesmarked.pdf FRANKFORT, Ky...
Gov. Beshear finds money for Dept. of Public Defenders
Posted on April 16, 2009FRANKFORT, Ky. ? April 16, 2009 -Gov. Steve Beshear today announced that through a series of cost-cutting measures and reallocation of existing funds, the Department of Public Advocacy (DPA) has enough money to continue operating through the end of June...
Russell County Justice Blog raises new claims against Judge Cletus Miracle
Posted on April 14, 2009Russell County Justice Blog raises new claims against Judge Cletus Miracle Maricle was in rush to assert control of Russell County Cases. RUSSELL SPRINGS KENTUCKY:Drug Cases noticed in Maricle’s RICO Indictment As previously reported Senior Judge Cletus Maricle was recently indicted by the Federal Eastern District of Ke … read more http://www...
Details emerge about prosecutorial misconduct in Sen. Stevens case -witness coercion-subordination of perjury-withholding exculpatory evidence
Posted on April 13, 2009Details emerge about prosecutorial misconduct in Sen. Stevens case Withholding Exculpatory Evidence The exculpatory evidence which was withheld by Federal Prosecutors in the Sen. Stevens prosecution included notes made from a government interview with key prosecution witness Allen...
Bankruptcies are booming
Posted on April 13, 2009Bankruptcies are booming Nearly 1.2 million debtors filed for bankruptcy in the past 12 months, according to federal court records. Last month, 130,831 sought bankruptcy protection - an increase of 46 percent over March 2008 and 81 percent over the same month in 2007...
Justice Lukowsky dissent in 1977 suggests how the court should react to prosecutorial misconduct.
Posted on April 10, 2009I?m sorry I never got to met Justice Lukowsky. We frequently find comments he made that that are wise and timeless. His suggested remedy could well be applied to the current practice of prosecutors continuing to use the “Send a Message” argument although the appellate courts continue to condemn this argument...
State of Washington Supreme Court puts limits on number of charged offenses by use of multiple photos of child-porn
Posted on April 10, 2009Defendants accused of possessing multiple images of child pornography can only be prosecuted for one offense, without regard to the number of images or how many children are depicted, the state Supreme Court ruled Thursday. By Steve Miletich Seattle Times Related · State v...
UK College of Law announces new Dean
Posted on April 10, 2009David A. Brennen, a University of Georgia professor who has specialized in teaching tax law at Georgia since 2006, is scheduled to take over on July 1 as the new dean of the UK College of Law.Tthe previous dean, Allan Vestal, returned to teaching full time...
Federal Judges sue over pay raise freeze - Congress has excluded judges from receiving promised inflation adjustment pay raises in six of the past 16 years.
Posted on April 10, 2009April 10, 2009 Eight federal judges are suing the US government for back pay in a potential landmark case that raises fundamental questions about how the Founding Fathers sought to protect an independent judiciary. Five US district judges and three appeals-court judges charge in their suit that Congress reneged on a pledge to provide America’s jurists [...
Stevens judge cites ?pervasive? withholding of evidence by Federal Prosecutors
Posted on April 08, 2009By ERIKA BOLSTAD and MARISA TAYLOR Anchorage Daily News April 7th, 2009 In setting aside former Sen. Ted Stevens’ indictment Tuesday, a U.S. District Judge Emmet Sullivan declared war on what he said is an increasingly pervasive government tactic in the administration of American justice: the penchant on the part of federal prosecutors to withhold evidence...
Texas Supreme Court considers how far courts should go in allowing electronic discovery
Posted on April 08, 2009How Far Is Too Far in E-Discovery? By Mary Alice Robbins Texas Lawyer April 7, 2009 In oral arguments last week, the Texas Supreme Court wrestled with how far courts should go in allowing electronic discovery. In Re: Weekley Homes LP raises an issue of first impression for this state’s Supreme Court: Can a trial court order one [...
Allegations against Federal Prosecutors aired as Sen. Stevens conviction faces dismissal
Posted on April 07, 2009Excerpts from New York Times article April 6, 2009 Lawyers poring over the wreckage of the Senator Ted Stevens trial said they believed the case had been poorly managed and inadequately supervised, lacked sufficient resources and been hampered by conflicts between prosecutors and F...
U.S. Supreme Court to rule on ?Civil Commitment? of sex offenders. 4th. Circuit Ct. of Appeals had thrown law out which allows sex offenders to be held in jail indefinitely.
Posted on April 07, 2009April 6, 2009 The Chief Justice has delayed the release of 77 convicted sex offenders, who have served out their criminal sentence and are being held under the Adam Walsh Child Protection and Safety Act. Under this act, the courts can order a sex offender be held in jail indefinitely for the protection of the public...
U.S. Supreme Court Disallows Confession obtained when Defendant?s ?Presentment Rights? to a magistrate were delayed more than six hours
Posted on April 07, 2009The U.S. Supreme Court recognizes a defendant?s “presentment right” after arrest, and finds that a six hour delay while confession was obtained is error. The Presentment Right is the right of a defendant to be taken before a judge promptly after his formal arrest...
the loss of a peremptory challenge due to a state court?s good-faith error is not a matter of federal constitutional concern
Posted on April 07, 2009The embattled peremptory challenge got no help from the United States Supreme Court today in Rivera v. Illinois. Rivera tried to strike a juror in his Illinois state court trial. The trial judge said no, finding a Batson violation, and seated the juror...
A criminal charge may not be dismissed or diverted before trial or motion for directed verdict, without agreement of both the prosecutor and the court.
Posted on April 06, 2009A criminal charge may not be dismissed or diverted before trial or motion for directed verdict, without agreement of both the prosecutor and the court. This rule prevents the court or the prosecutor to ?divert? or dismiss a criminal charge without the agreement of both parties...
The economic downturn is hitting the legal world hard. Pay and jobs are being cut, and even the third year of law school is being trimmed.
Posted on April 05, 2009Excerpts from the New York Times- April 4, 2009 According to The American Lawyer big law firms may be hurtling toward ?a paradigm-shifting, blood-in-the-suites? future as law firms are closing and associates are being laid off. The Law Shucks blog has a ?layoff tracker,? and it is grim reading...
Ct. of Appeals panel issues important new case on prosecutorial misconduct. Judges Keller, Dixon and Wine hit a home run for justice on this one.
Posted on April 04, 2009On April 3, 2009 the Court of Appeals in HINES V. COM. OF KENTUCKY 2006-CA-001166 rendered an important decision that granted a new trial in a case that was originally tried in 2002. The decision was authored by Judge Michelle Keller and joined in by Judges Dixon and Wine...
Fen Phen attorneys Shirley Cunningham Jr., and William Gallion were convicted by a Federal jury in Franklin County on all counts.
Posted on April 03, 2009The jury’s guilty verdict came after two days of deliberations and after hearing more than five weeks of testimony in the trial that began Feb. 17. The two men could spend decades in prison, and may also have to repay their clients millions of dollars...
Fen Phen jury deliberates for seven hours?back to work Friday morning.
Posted on April 02, 2009A federal jury in Frankfort began considering the fate of William Gallion and Shirley Cunningham Jr. on Thursday morning in the 2nd. trial for the Fen Phen defendants . They recessed after deliberating for seven hours, and will continue on Friday. The 12-member panel ? seven women and five men ? asked for an easel, markers [...
Attorney General Eric Holder?s virtually unprecedented statement on Government?s Motion to Dismiss conviction in United States v. Sen. Theodore F. Stevens.
Posted on April 01, 2009Attorney General Eric Holder’s virtually unprecedented statement on Government?s Motion to Dismiss conviction in United States v. Sen. Theodore F. Stevens. April 1, 2009 “In connection with the post-trial litigation in United States v. Theodore F...
Speaker of the House Greg Stumbo blames Senate GOP for failure of Ky. Speedway Incentive legislation
Posted on April 01, 2009Speedway Needs Kentucky Workers By Speaker of the House Greg Stumbo April 1, 2009 For those who think of fast cars instead of the beach when they hear the word “Daytona,” one item in particular stood out during the recent legislative session: A tax incentive package to help Kentucky Speedway at Sparta land a NASCAR race...
Our LawReader Science Editor, Wayne Billingsley of Billingsley Aerospace reports historic low levels of Sun spot activity. Could this have affected the stock market?
Posted on April 01, 2009April 1, 2009: The sunspot cycle is behaving a little like the stock market. Just when you think it has hit bottom, it goes even lower. 2008 was a bear. There were no sunspots observed on 266 of the year’s 366 days (73%). To find a year with more blank suns, you have to go [...
U.S. Supreme Court makes important rulings re: Public Defender Pay for Federal Clemency appeals of Death Row Inmates, arbitration of Union age discrimination claims, and a requirement for cost-benefit analysis for power plants
Posted on April 01, 2009On Wednesday April 1st., the U.S. Supreme Court made important rulings re: Public Defender Pay for Federal Clemency appeals of Death Row Inmates, and Union age discrimination claims, and a requirement for cost-benefit analysis for power plants 1) The court ruled that the federal government should pay federally appointed lawyers for working on state clemency requests [...
Legislature adopted 108 bills during the 2009 Session. Effective date of these laws announced by Attorney General.
Posted on April 01, 2009The Kentucky Attorney General historically provides a legal opinion after every session of the General Assembly, in which he determines the effective date of legislation adopted during the preceding session. This is relied upon by the courts to determine when old laws are revoked or superceded by amendments, or new laws become effective...
CLE deadline approaches June 30th. Do you have enough credits?
Posted on April 01, 2009By LawReader Senior Editor Stan Billingsley April 2, 2009 Every attorney, in order to maintain their law license, must earn 12.5 hours of CLE each year with two of those hours being Ethics Credits. At LawReader I write a weekly synopsis of every Kentucky Appellate decision...
The Kentucky Supreme Court Adopts Important New Criminal and Civil Rules
Posted on March 31, 2009March 31, 2009 Important topics affected by these rule changes include: use of subpoenas in civil cases, discovery, location of discovery, sentencing, probation, appeals, bail, conduct of a defendant at trial and a number of other topics. A new rules designed to assure privacy of litigants in court filings has been adopted by the court...
IRS TAX FORM FOR EXTENSION
Posted on March 31, 2009Extension of Time to File Your Tax Return If you need an extension to file your 2008 tax return you can use Form 4868 to gain an additional six months. Just click the form link below, and mail before April 15th. Form 4868, Application for Automatic Extension of Time To File U...
Tobacco Industry Disappointed as U.S. Supreme Court refuses chance to re-consider $79 million Dollar punitive damage award
Posted on March 31, 2009March 31 (Bloomberg) — The U.S. Supreme Court dismissed Philip Morris USA Inc.?s appeal of a $79.5 million smoker award, declining to rule in a case that business groups had hoped would lead to tougher restrictions on punitive damages. The justices today issued a one-sentence order throwing out the Altria Group Inc...
Court Facilities Standards Committee to review judicial center projects planned for Hopkins, Owen and Todd counties
Posted on March 30, 2009March 30, 2009 Frankfort, Ky. — The Court Facilities Standards Committee will meet to discuss judicial center projects planned for Hopkins, Owen and Todd counties at 10 a.m. Friday, April 3, at the Administrative Office of the Courts in Frankfort...
When a child?s tax deduction is claimed by both parents who wins?
Posted on March 29, 2009State law grants a great deal of discretion to the Circuit Court (or Family Court) to make this call. However, Federal law in the tax code conflicts with the case law of Kentucky on this issue. In cases where there has never been a ruling by the Circuit Court, then Federal law which provides a [...
Incorrect representations of parole eligibility repeatedly claimed on appeal. How Hard would it be for the courts, the AOC or Dept. of Corrections to solve this problem?
Posted on March 28, 2009We see a continuing problem raised on appeal regarding plea bargaining procedures. Defendants repeatedly raise the issue that they enter guilty pleas but claim they were misinformed that they were not eligible for parole consideration due to enhancement rules inherent in mandatory sentencing laws...
Important topics discussed by Ct. of Appeals this week
Posted on March 28, 2009topics for march 27, 2009 arbitration- claim of fraud-jurisdiction court to review arbitration award appeal SOVEREIGN IMMUNITY OF OFFICIALS WHO COLLECT TAXES-WAIVER ?PERFORMANCE BOND standing of rejected bidder to contest issuance of contract polling of jury-altering verdict form in courtroom- mistrial prejudgment interest-award of attorney fees-division of pension on dissolution distribution maintenance award past the age of sixty-five contract for sale [...
Court Adopts New Law Concerning Duties of Partners in Limited Liability companies
Posted on March 28, 2009The Court of Appeals this week adopted new law relating to Limited Liability companies. This important appellate ruling can be found by LawReader subscribers in the Weekly Decisions of the Ct. of Appeal ruling for March 27, 2009. To read the complete synopsis and to find the complete text of this important decision go to: COURT OF [...
General Assembly?s 2009 session ends- See important bills passed
Posted on March 27, 2009March 27, 2009 FRANKFORT ? The Kentucky General Assembly?s 2009 session gaveled to an end today, capping 29 days of legislative activity that included the passage of bills on school testing reform, drug screening and treatment for felony offenders, and tracking for payday lenders...
Missouri Implements New Model for Juvenile Justice Program
Posted on March 27, 2009By SOLOMON MOORE New York Times March 26, 2009 ST. LOUIS, Mo. ? VonErrick celebrated his 14th birthday last year by committing a daylight carjacking, beating the driver to the ground. With a long record of truancy, assault, and breaking and entering, he was sent to a state group home ? the same home that [...
House Leaders conclude legislative session without considering pending bills changed by Senate
Posted on March 26, 2009Press release issued by Ky. House of Representative leaders: Frankfort ? The Kentucky House of Representatives ended today what has widely been called one of the most successful legislative sessions in recent memory. ?This has been a highly productive time for all of Kentucky, from resolving the current budget crisis to enacting a multi-billion dollar road [...
Chief Justice Minton releases Opinion Letter on Kentucky Court Facilities Construction Program
Posted on March 25, 2009Opinion Letter on Kentucky Court Facilities Construction Program Read: Geisen Opinion Letter 3-19-09.pdf Table of Bonding Status of Current Projects Read Construction Project Table 3-24-09.pdf FRANKFORT, Ky. — Chief Justice of Kentucky John D...
Clay County Circuit Judge R. Cletus Miracle bail hearing expands issues
Posted on March 24, 2009In a bail hearing for former Clay Circuit Judge Cletus Miracle, FBI special agent Timothy Briggs testified at length, saying Maricle was involved in “directing” a witness on how to testify to the grand jury investigating the alleged election-fraud case - an accusation included in the indictment issued last week...
U.S. Sup. Court to hear case re: Strip Search of 13 yr. old female student
Posted on March 24, 2009A strip search of a female student, Savana Redding of Arizona, has reached the U.S. Supreme Court, which will hear oral arguments on April 21. She was 13 and in eighth grade. The case will require the justices to consider how much leeway school officials should have in policing zero-tolerance policies for drugs and violence, and [...
6th Circuit: Traffic stop violated Fourth Amendment
Posted on March 24, 2009March 19, 2009 The police couldn’t stop a vehicle that was involved in an apparent exchange of drugs with a pedestrian near a store with a reputation for selling drug paraphernalia, the 6th Circuit has ruled in reversing denial of the defendant’s motion to suppress...
6TH CIRCUIT: TRAFFIC STOP VIOLATED FOURTH AMENDMENT - two men talking to each other near store with reputation for selling drugs insufficient basis for traffic stop
Posted on March 24, 2009March 19, 2009 The Sixth Circuit Court of Appeals recently suppressed evidence obtained in a traffic stop based on insufficient probable cause. The police couldn’t stop a vehicle that was involved in an apparent exchange of drugs with a pedestrian near a store with a reputation for selling drug paraphernalia, the 6th Circuit has ruled in reversing [...
New York Court to Rule on GPA bug attached to car. Is this a warrantless search?
Posted on March 23, 2009. New York’s Court of Appeals this week will consider whether police violated the constitutional rights of a burglary suspect when they attached a global positioning tracker to his van without a court warrant. The defendant argued that both his state and federal rights against an unreasonable search were violated...
FBI makes additional allegations against Clay Circuit Judge Cletus Miracle
Posted on March 23, 2009Clay County Senior Status Judge Cletus Miracle is alleged by an FBI agent to have coached a witness to commit perjury and to rig a verdict in a lawsuit. FBI Agent Timothy Briggs was called by a U.S. Attorney to support the government?s opposition to bail for Miracle...
Statement from Gov. Steve Beshear on legislative session
Posted on March 23, 2009March 23, 2009 FRANKFORT, Ky. ??We understand the position of House leadership and appreciate their willingness to get direction from the caucus on how best to move forward to complete what has been a productive legislative session so far. There is broad support in both chambers and in both parties for our economic development incentives package, [...
FEDERAL INDICTMENTS IN CLAY COUNTY ELECTION TAMPERING CASE
Posted on March 21, 2009INDICTMENTS IN CLAY COUNTY ELECTION TAMPERING CASE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION LONDON UNITED STATES OF AMERICA V. INDICTMENT NO. RUSSELL CLETUS MARICLE, DOUGLAS C. ADAMS, CHARLES WAYNE JONES, WILLIAM E...
Court of appeals releases 21 decision March 20, 2009
Posted on March 20, 2009The Ky. Court of Appeals released 21 decisions today. Cases dealt with arbitration agreements sought by nursing homes, waive of arbitration agreements, application of Miranda for students questioned at school, assignibility of legal malpractice claims, contracts, cemeteries, annexation, change in visitation by joint custody parents, Batson challenges, 11...
A Senior Status Judge, Cletus Miracle, and four other Clay County Officials indicted for racketeering and vote buying in Federal Indictments
Posted on March 19, 2009The Federal indictments allege that officials in Clay County conspired to buy votes in the May 2004 primary election. Those charged include school superintendent Doug Adams; county clerk Freddy Thompson; Cletus Maricle, a retired circuit judge who is now on senior status; William E...
Ky. Supreme Court issues important rulings this week.
Posted on March 19, 2009If you are a LawReader subscriber you can log on to KY. SUPREME COURT DECISIONS FOR MARCH 2009 to access 32 important decisions handed down on March 19, 2009. If you aren?t a subscriber you can sign up at: SIGN UP - PRICING for Lawreader Selected rulings for March: Supreme Court disciplines six attorneys this week...
Can Congress Legally Enact a Retroactive Tax Bill to recover AIG bonuses?
Posted on March 19, 2009By LawReader Senior Editor Stan Billngsley March 19, 2009 The media is throwing around the theory that a retroactive tax bill is a Bill of Attainder which is prohibited by the U.S. Constitution. There is a large body of law which holds that retroactive tax laws, and tax breaks are not ex post facto laws, and are [...
chief justice Minton in favor of opening judiciary to open records rules
Posted on March 18, 2009March 18, 2009 Since 1978, the Kentucky Supreme Court has maintained that the state open-records law doesn’t apply to judicial branch agencies. Katie Quitter. Minton’s chief of staff, announced that Chief Justice John Minton Jr. is expected to propose new open-records rules for the judiciary later this year...
Jefferson County Fairness commission calls for leaders to appoint qualified minorities to Kentucky judgeships
Posted on March 18, 2009Jefferson County Commission on Racial Fairness Resolution Racial Fairness Commission Resolution FRANKFORT, Ky. – The Jefferson County Commission on Racial Fairness has unanimously passed a resolution that calls for the Judicial Nominating Commission, Chief Justice of Kentucky John D...
Chief Justice Minton, Gov. Beshear announce plans to delay filling judicial vacancies
Posted on March 17, 2009Plan expected to save state more than $1 million FRANKFORT, Ky., March 17, 2009 – Chief Justice John D. Minton Jr. and Gov. Steve Beshear agreed in February to delay the nominating process for 27 vacant judgeships. The decision has the effect of allowing 23 new senior judges to remain in their current seats for several [...
Why you should add a favorites link in your browser toolbar for LawReader.
Posted on March 17, 2009You can speed up your navigation of LawReader by adding a link to www.lawreader.com in your favorites section of your Browser. Then place an icon from your browser?s Favorites section (at the top of your screen), and drag it to the top tool bar. This way whenever you leave LawReader you can just click on the [...
Fen Phen retrial delayed due to lawyers illness
Posted on March 17, 2009The Fen Phen retrial of William Gallion and Shirley Cunningham who are accused of taking millions of dollars from their clients has been postponed until Thursday morning because a defense attorney is ill. Georgia lawyer O. Hale Almand, who represents William Gallion, became dizzy about 4 p...
HB 315 passes. This bill toughens up laws relating to use of sexual predators who use the internet
Posted on March 16, 2009See HB 315 ? This bill affects numerous chapters and adds some new laws: Amend KRS 510.155 to allow certain acts to constitute prima facie evidence under that section and to include communications that may originate or terminate outside of the Commonwealth; amend KRS 508...
Courier-Journal Series Blows Whistle on Jefferson Police Officers Failing to Honor Subpoenas. This type of in depth reporting is why newspapers exist.
Posted on March 16, 2009March 16, 2008 In a five-month investigation, The Courier Journal found that hundreds of felony cases were dismissed in 2007 because officers failed to appear in court. This report may be found at: www.courier-journal.com We could not find a link to the Day One report on the Courier Journal site but hopefully it will be posted shortly...
NKBA announces Mediation CLE this Thursday, March
Posted on March 16, 2009The NKBA Mediation Section will host a (1) one hour CLE this Thursday, March 19th, 12:00 noon at the NKBA office. The Honorable James Kruer will present “Stop Yelling at Me! - Mediating With Difficult People”. How to better communicate with bad communicators...
Ky. Supreme Court hears oral arguments on spousal claims for loss of consortium upon death of spouse as allowed in 40 other states
Posted on March 16, 2009Under Kentucky case law a spouse may not claim loss of consortium if the spouse dies. Some 40 other states hold otherwise and allow such claims. Strangely the Ky. Sup. Ct. has ignored KRS 411.145 which allows a loss of consortium claim and does not contain language limiting such claims to cases where the spouse survives...
State will not reopen Beverly Hills Supper Club investigation
Posted on March 14, 2009Extensive review finds no basis, evidence to reopen 30-year-old case FRANKFORT, Ky. ? Following a more than three-month review, Gov. Steve Beshear today announced that there is no basis to reopen the investigation into the Beverly Hills Supper Club fire...
Ct. of Appeals topics discussed this week
Posted on March 13, 2009Read the topics discussed by the Ky. Court of Appeals. Subscribers can access the full keywords, synopsis and access the full text of all 39 decisions issued on Feb. 20th. LawReader subscribers can read the synopsis and full text of each case by going to: COURT OF APPEALS DECISIONS FOR MARCH 13, 2009 Subscribers can read the most [...
Jason Nemes to leave AOC post for Dinsmore & Shohl
Posted on March 13, 2009FRANKFORT, Ky., March 12, 2009 — Jason M. Nemes announced today that he is leaving his post as director of the Kentucky Administrative Office of the Courts to practice law with Dinsmore & Shohl in Louisville. His resignation is effective April 3, 2009...
MADD accepts $10,000 from County Attorney?s DUI diversion program. They look the other way and ignore Chapter 189A. Will other counties create DUI diversion programs?
Posted on March 12, 2009This week the Jefferson County Attorneys office donated $10,000 to Mothers Against Drunk Driving (MADD). The money was raised from payments made to persons charged with DUI offenses and who were allowed to avoid prosecution by attending the Jefferson County Attorney?s DUI diversion program...
KBA seeks applications for Executive Director position
Posted on March 12, 2009EXECUTIVE DIRECTOR ? TREASURER POSITION The Kentucky Bar Association (KBA), an agency of the Supreme Court of Kentucky, seeks qualified applicants for the position of Executive Director - Treasurer. The KBA, with nearly 16,000 members, is a unified state bar association with offices in the state capital of Frankfort...
KBA makes plans for 2009 State Convention- author Scott Turow to give Keynote address
Posted on March 12, 2009KBA makes plans for 2009 State Convention- author Scott Turow to give Keynote addressMake your plans now to attend the 2009 KBA State Convention at the popular Northern Ky. Convention Center. This is a great opportunity to get some CLE credits, learn what is happening from the Appellate Courts, get a legislative update on the [...
SB5 is a bad law, and it is close to passage. You still have time to contact your legislator and express your concern. See how to do this?
Posted on March 12, 2009SB5 is a bad law, and it is close to passage. You still have time to contact your legislator and express your concern. See how to do this? SB 5 is working its way into a vote. This bill has been defeated twice in past sessions but the Judiciary Committee of the House dropped the ball [...
Floor vote imminent on bill seeking to make prior marijuana use an automatic DUI offense ? Amendments also enhances shoplifting charges to C Felony, and punish drinking and boating
Posted on March 12, 2009Impairment not required. SB 5 seeks to punish prior use of a controlled substance ? including marijuana ? with an automatic DUI conviction. Under the provisions of SB 5, a driver who tests positive for traces of marijuana can be convicted of “driving under the influence” even if that driver is unimpaired at the time of [...
Legislature adopts Cybersafety law to prohibit sex offenders networking on social sites
Posted on March 12, 2009Attorney General Jack Conway and Representative Johnny Bell today thanked members of the Senate Judiciary Committee for unanimously passing legislation that will strengthen Kentucky laws to protect children from Internet predators. General Conway, Rep...
U.S. Supreme Court limits arbitration of credit card disputes
Posted on March 12, 2009The U.S. Supreme Court voted 5-4 Monday in favor of credit card customer Betty Vaden in her dispute with Discover Bank. The court ruled that consumers can sometimes resist credit card companies’ push to move their dispute over finance charges and late fees to arbitration...
Texas Police Seize motorists money and don?t file charges ? Practice called Highway Robbery
Posted on March 12, 2009Chicago tribune March 11, 2009 TENAHA, Texas? You can drive into this dusty fleck of a town near the Texas-Louisiana border if you’re African-American, but you might not be able to drive out of it?at least not with your car, your cash, your jewelry or other valuables...
Is UK Basketball Coach Billy Clyde Gillispie on the way out? What would it cost?
Posted on March 12, 2009There is a great deal of unhappiness among UK fans over Coach Gillispie disappointing season. The recent defeat by Georgia (which has the worst record in the SEC) may have been the final straw. The SEC tournament which begins today, may be the only way Gillispie can restore some credibility and slow down calls for [...
Kentucky Banker Explains the Current Banking Crisis to LawReader-offers solutions
Posted on March 12, 2009The Sub Prime Credit Crisis ? How we got there and how to get out. By Ben L. Lykins Everyone I know has an idea as to what caused the ?Sub-Prime Credit? problems and how to deal with the solutions and who is to blame. Almost everyone agrees that greed is the prime motivation that caused this [...
U.S. COURT OF APPEALS UPHOLDS LIBEL CLAIM BY STRIKING TRUTH OF STATEMENT DEFENSE IN LIBEL CASE
Posted on March 07, 2009On Feb. 13th, the U.S. Circuit Court of Appeals for the First Circuit upheld a Massachusetts law passed in 1902, which allows a defamation claim for a true statement made against a private individual if made with ?actual malice?. This ruling is a dramatic departure from modern defamation law which has long held that ?truth is [...
Court of Appeals topics discussed this week
Posted on March 06, 2009Ct. of Appeals topics discussed this week: Read the topics discussed by the Ky. Court of Appeals. Subscribers can access the full keywords, synopsis and access the full text of all 39 decisions issued on Feb. 20th. LawReader subscribers can read the synopsis and full text of each case by going to: COURT OF APPEALS DECISIONS FOR MARCH [...
Judge hears arguments in public defenders case
Posted on March 06, 2009FRANKFORT ? A Franklin Circuit Court judge will hear arguments Monday March 9th. on whether the state should have to give more money to the state?s public defenders who say they will be broke by April. The legal fight between the Department of Public Advocacy and the Kentucky Finance and Administration Cabinet and Treasurer Todd Hollenbach [...
U.S. Supreme Court to consider whether Due Process required a W. Virginia Judge to recuse from case re: coal company which donated $3 million to assist his election
Posted on March 05, 2009Prosecutor Vindicated for helping defense when he thought Defendents were Innocent
Posted on March 05, 2009U.S. Supreme Court by 6-3 margin upholds right to sue drug makers even when drug approved by FDA
Posted on March 04, 2009State Rep. Jim Gooch plans hearings on response to recent devastating storms
Posted on March 03, 2009Kansas Governor, Kathleen Gilligan Sebelius, Nominee for Obama Cabinet, was raised in Cincinnati
Posted on March 02, 2009Sandra Day O?Connor supports Non-partisan Missouri Plan for Selecting Judges
Posted on March 01, 2009Statement from Chief Justice of Kentucky John D. Minton Jr. re. inquiry into bonding practices of AOC Court facilities construction program
Posted on February 26, 2009February 26, 2009 The following statement by Chief Justice John Minton was released by AOC today: Kentucky Court of Justice to launch audit of court facilities construction program ?In light of questions that have arisen regarding the court system’s bonding practices, today I authorized the Administrative Office of the Courts to conduct a comprehensive audit of the Kentucky [...
Wm. T. ?Bill? Robinson seeks American Bar Association Presidency
Posted on February 26, 2009Kentucky attorney Wm. T. (Bill) Robinson III of Florence, Ky., UK Law School class of 1971, recently filed as a candidate for the presidency of the American Bar Association (ABA), which provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve [...
Northern Kentucky Volunteer Lawyers will host the Annual 2009 Pro Bono Awards Luncheon on March 14
Posted on February 25, 2009The Northern Kentucky Volunteer Lawyers will host the Annual 2009 Pro Bono Awards Luncheon on March 14, 2009, from 11:45 AM ? 1:30 PM at Summit Hills Country Club in Crestview Hills, KY. Speaker: The Honorable Michelle M. Keller, Judge Kentucky Court of Appeals...
There may be 100 billion Earth-like planets in the Milky Way - universe full of life may not be that far-fetched.
Posted on February 25, 2009Galaxy may be full of ‘Earths,’ alien life Astronomer: There may be 100 billion Earth-like planets in the Milky Way If any of them have liquid water, they are likely to have some type of life, he says Analysis: Thousands of intelligent civilizations may have emerged in the Milky Way NASA’s Kepler mission to search for habitable planets [...
White House launches web site detailing where stimulus money is going
Posted on February 25, 2009Recovery.gov is a website that lets you, the taxpayer, figure out where the money from the American Recovery and Reinvestment Act is going. There are going to be a few different ways to search for information. The money is being distributed by Federal agencies, and soon you’ll be able to see where it’s going — [...
Stan Chesley drops bomb on fen phen lawyers
Posted on February 25, 2009During questioning by the government in the trial of William Gallion and Shirley Cunningham, Class action expert Stan Chesley was shown a breakdown of expenses taken from one of the fen phen claimants settlement. Chesley was paid some $20 million in fees after he was hired by the original attorneys to negotiate a $200 million [...
Justices Rule Sect Cannot Force Placing of Monument ? Justice Alito: ?First Amendment regulates private speech, not government speech.?
Posted on February 25, 2009February 25, 2009 WASHINGTON ? The Supreme Court ruled unanimously on Wednesday, in one of the most closely watched free speech decisions in years, that a tiny religious sect could not force a Utah city to let it erect a monument to its faith in a public park...
Garlan VanHook resigns as head of Kentucky?s court facilities program
Posted on February 25, 2009FRANKFORT, Ky., Feb. 25, 2009 — Chief Justice of Kentucky John D. Minton Jr. announced today that Garlan VanHook has resigned as executive officer of the Department of Facilities for the Kentucky Administrative Office of the Courts. VanHook, an architect, is leaving the court system to return to private practice with VanHook Architectural Services in [...
County Attorney Alan George is just plain wrong on SB5 effect.
Posted on February 24, 2009Alan George of the Kentucky County Attorneys Association is wrong to state that Senate Bill 5 would not apply to marijuana (?Help keep drug-impaired drivers off roads,? Feb. 23 ? Herald Leader). Kentucky law unequivocally allows police to test a person’s blood for marijuana if there is reasonable suspicion to believe they are driving under the influence...
Liberals Use Supreme Court Gun Case to Bolster Other Rights and Impose Bill of Rights on the States
Posted on February 24, 2009Liberals Use Supreme Court Gun Case to Bolster Other Rights and Impose Bill of Rights on the States Legal Times Tony Mauro February 24, 2009 The Supreme Court’s 2008 ruling in D.C. v. Heller was a constitutional earthquake, breathing life into the Second Amendment as a guarantee of an individual right to bear arms...
LawReader agrees with Justice Scalia?.New public corruption law is unfair and vague
Posted on February 24, 2009Scalia Urges Court to Take on ?Chaos? Spawned by Corruption Law By Debra Cassens Weiss- ABA Journal Feb. 24, 2009 The U.S. Supreme Court refused to hear an appeal yesterday by three former Chicago city officials convicted on corruption charges, and Justice Antonin Scalia wasn?t pleased...
U.S. Supreme Court upholds ban on gun possession for Domestic Violence offenders
Posted on February 24, 2009David G. Savage ? L.A. Tribune Washington Bureau - February 24, 2009 The Supreme Court today upheld a broad federal gun control law which strips gun rights from the many thousands of people who have been convicted of any domestic-violence crime...
State Senate President David Wiliams reported to be eyeing Bunning Senate Seat
Posted on February 23, 2009State Senate President David Williams, R-Burkesville, met with officials at the National Republican Senatorial Committee on Friday to talk about a potential run for U.S. Senate in 2010, according to The Hill, a Washington-based political newspaper. The Hill cited anonymous ?sources in Washington and Kentucky? in its report, but did not speak with Williams directly...
Supreme Ct. Topics for February
Posted on February 22, 2009Read the topics discussed by the Ky. Supreme Court. Subscribers can access the full keywords, synopsis and access the full text of all 37 decisions issued on Feb. 19th. LawReader subscribers can read the synopsis and full text of each case by going to: KY...
Ct. of Appeals topics for Feb. 20th.
Posted on February 22, 2009Read the topics discussed by the Ky. Court of Appeals. Subscribers can access the full keywords, synopsis and access the full text of all 39 decisions issued on Feb. 20th. LawReader subscribers can read the synopsis and full text of each case by going to: COURT OF APPEALS DECISIONS FOR FEB...
Lexington attorney John Meyers named interim head of kba
Posted on February 20, 2009FRANKFORT ? Lexington attorney John D. Meyers has been named interim executive director for the Kentucky Bar Association by its governing board. Meyers, who has been the association?s continuing legal education program director since October 2005, replaces Jim Deckard, who recently announced he will step down to pursue private practice...
Chief Justice John Minton Jr. proposes to fill judicial vacancies with Senior Status Judges to save Judicial Budget up to $6,000,000 during 2009 and 2010.
Posted on February 14, 2009Section 118 of the Ky. Constitution allows the Chief Justice to serve as Chairman of all Judicial Nominating Commissions. That role impliedly allows him to call a meeting of the Judicial Nominating Commission for a judicial district in which a judicial vacancy has occurred...
Topics discussed by Ct. of Appeals for Feb. 13, 2009
Posted on February 13, 2009LawReader subscribers can read the keywords, synopsis and full text of each decision released this week by going to: COURT OF APPEALS DECISIONS FOR FEB. 13, 2009 Non-members may sign up to LawReader by going to: SIGN UP - PRICING TOPICS DISCUSSED THIS WEEK BY KY...
Northern Ky. Bar Association Press Release re: meetings and seminars
Posted on February 13, 2009The NAACP Lawyers Luncheon has been scheduled for Wednesday, February 25th. We are sorry the date has changed from February 24th. Please see the attached invitation and RSVP request form. The Bankruptcy Section will meet on February 24th at 12:00 noon at Brio on the Levee...
House Bill 367 seeks to amend KRS 13B.010 to permit non-lawyers to represent Parties hearings before Administrative Law Judges.
Posted on February 12, 2009HB 367, as we read it, opens the door to the practice of law by non-lawyers in behalf of parties appearing before hearings conducted by Administrative Law Judges in appeal of state agency decisions and rulings. The amendment to Section (3)(a) expands the definition of a ?party? as a person whose rights are being adjudicated, [...
Ky. Appellate Courts hear a case within about a year. In India the High Court hears cases is less than 5 minutes but still have a back log of 466 years.
Posted on February 12, 2009NEW DELHI - The High Court in New Delhi is so behind in its work that it could take up to 466 years to clear the enormous backlog, the court’s chief justice said in a damning report that illustrates the decrepitude of India’s judicial system...
Bully Prosecutor who ignored court orders, withheld exculpatory evidence and violated ethic rules disbarred for four years
Posted on February 12, 2009?His overzealousness ?obstructed his understanding of a prosecutor’s special duty to promote justice and seek truth'’ Mercury News.com ? Silicon Valley California- Feb. 11, 2009 Suggesting the harshest disciplinary punishment in recent history for a California prosecutor, a state bar judge Wednesday called for Santa Clara County Deputy District Attorney Ben Field to be stripped of his [...
House Bill 367 seeks to amend KRS 13B.010 to permit non-lawyers to practice before administrative hearings
Posted on February 12, 2009House Bill 367 seeks to amend KRS 13B.010 to permit non-lawyers to represent Parties hearings before Administrative Law Judges. HB 367, as we read it, opens the door to the practice of law by non-lawyers in behalf of parties appearing before hearings conducted by Administrative Law Judges in appeal of state agency decisions and rulings...
House Bill 367 seeks to amend KRS 13B.010 to permit non-lawyers to practice in administrative hearings
Posted on February 12, 2009House Bill 367 seeks to amend KRS 13B.010 to permit non-lawyers to represent Parties hearings before Administrative Law Judges. HB 367, as we read it, opens the door to the practice of law by non-lawyers in behalf of parties appearing before hearings conducted by Administrative Law Judges in appeal of state agency decisions and rulings...
Former Owen Circuit Clerk Carolyn Keith named Co. Judge
Posted on February 11, 2009FRANKFORT, Ky. ?Gov. Steve Beshear has appointed Carolyn H. Keith to the office of County Judge/Executive of Owen County to serve until the next general election on Nov. 2, 2010. Keith, of Owenton, is a retired circuit court clerk. She received her Master?s and Bachelor of Arts Degrees from Georgetown College...
New Makeup of the Kentucky State Senate
Posted on February 11, 2009After the election of a Democrat from Bowling Green in Tuesdays special election, the Kentucky Senate is now made up of 21 Republicans and 1 independent who caucuses with the Republicans, and 16 Democrats. That effectively gives the Republicans a 22 to 16 majority...
Law professors, former judges, attorneys urge major changes for U.S. Supreme Court structure and procedure
Posted on February 11, 2009In an article posted Feb. 10, 2009 by Marcia Coyle of the National Law Journal 33 law professors, former state supreme court justices and lawyers are calling for a change in U.S. Supreme Court procedures and structure. WASHINGTON ? A group of 33 law professors, former state supreme court justices and practitioners are urging the attorney [...
Dave Kramer authors new pocket part updates for Thomson/West publishing
Posted on February 11, 2009Northern Kentucky attorney David Kramer is an author of the new pocket parts for Thomson/ West Publishing Co. Dave is a highly respected attorney, and is the author of numerous articles on a number of legal topics. He has been kind enough to provide us a copy of one of his updates for American?s largest legal [...
Nominations Sought for William Cooper Award for Community and Faith in Action Award to honor individual for outstanding service to Kentuckians
Posted on February 11, 2009FRANKFORT, Ky. ? Governor Steve Beshear announced today that nominations are now being accepted for the William Cooper Award for Community and Faith in Action. ?We must recognize individuals who give back to their community through leadership and service to others,? said Gov...
Are you a ?mouse tracker? or ?elephant hunter? 1952 Court of Appeals Court decision gives some guidance.
Posted on February 11, 2009Are you a ?mouse tracker? or ?elephant hunter? 1952 Court of Appeals Court decision gives some quidance. Eastern Kentucky Production Credit Ass’n v. Scott, 247 S.W.2d 983 (Ky.App. 03/14/1952) Appellant insists that under KRS 382.270 the holder of an unrecorded deed takes subject to the attachment lien of a creditor without notice; that as it was a [...
Ky. Supreme Court issues order on court records retention
Posted on February 10, 2009Order addresses files in small claims cases, District Court civil cases, other records FRANKFORT, Ky., Feb. 9, 2009 ? The Supreme Court of Kentucky has issued an order for certain court records to be destroyed after a set time, including some records in small claims and District Court civil cases, financial records after audits are [...
LawReader President Mike McMain remembers his former law partner Martin ?Marty? Horwitz.
Posted on February 10, 2009LawReader President Mike McMain remembers his former law partner Marin Horwitz. It was shocking this past Saturday when I received a phone call from my partner Burr Travis to let me know my ex-partner and friend, Marty Horwitz passed away. He was only 57 years young when his life ended...
How a Judge should not act when arrested for DUI
Posted on February 10, 2009Judge suspended in DUI case outburst Tuesday, February 10, 2009 By Mary E. O?Leary, Register Topics ? New Haven,. Conn. HARTFORD ? The state Judicial Review Council Monday suspended Superior Court Judge E. Curtissa R. Cofield from the bench for eight months for the racial epithets, threats and demeaning language she directed at police after her drunken driving [...
Senate Bill 5- ?Zero-Tolerance Bill Makes Zero Sense?
Posted on February 10, 2009By Nathan Miller Once again, a bill that seeks to punish prior use of a controlled substance with an automatic DUI conviction is making its way through the Kentucky Legislature. Like its predecessors, SB 5 cleverly attempts to bootstrap an ill-advised rule regarding all drugs onto a rule created for the purpose of measuring alcohol impairment...
230 people exonerated by DNA evidence
Posted on February 09, 2009Two decades later, DNA evidence has been used to exonerate more than 230 people wrongfully convicted nationwide, including 24 in New York State. The resulting stories of innocent men being freed after decades in prison have captured the public?s imagination and provided fodder for a number of Hollywood dramas...
KBA sets schedule for regional CLE updates this year
Posted on February 09, 2009KBA Sets Schedule for Law Update CLE meetings this year September 2-3 (Wednesday/Thursday)CovingtonNorthern Kentucky Convention Center September 10-11 (Thursday/Friday)LexingtonLexington Convention Center September 22-23 (Tuesday/Wednesday)LondonLondon Community Center October 1-2 (Thursday/Friday)OwensboroRiverPark Center October 6-7 (Tuesday/Wednesday)AshlandAshland Plaza Hotel October 20-21 (Tuesday/Wednesday)PrestonsburgJenny Wiley State Resort Park October 29-30 (Thursday/Friday)Paducah (Gilbertsville)Kentucky Dam Village State Resort Park November 5-6 (Thursday/Friday)Bowling GreenHoliday Inn & Sloan Convention Center December 3-4 (Thursday/Friday)LouisvilleKY International [...
Kenton Attorney Martin ?Martin? Horwitz dies Feb. 7th. - funerial details
Posted on February 09, 2009Kenton Attorney Martin ?Martin? Horwitz dies Feb. 7th. February 7, 2009- Martin J. ?Marty? HORWITZ HORWITZ, Martin Jack, age 57, passed away Feb. 7, 2009, beloved husband of Anna Marie ?Ree? Horwitz & the late Vicky Horwitz, devoted father of Allie Horwitz & Zach Pille, dear brother of Jerry & Joanie Horwitz & Lawrence Horwitz, also survived [...
Legislative leaders amend 2009 session calendar
Posted on February 08, 2009Kentucky Senate and House leaders today approved changes to the calendar for the General Assembly?s 2009 legislative session. The session is now scheduled to conclude on March 27, three days later than previously planned. In addition to observing the Feb...
Benchmark Litigation ranks lawyers
Posted on February 07, 2009See Rankings for : Kentucky View other listings at: http://www.benchmarklitigation.com/ The second annual edition of Benchmark Litigation, has been released. This publication bills itself as the definitive guide to America’s leading business litigation firms and attorneys...
READ THIS WEEK?S KENTUCKY APPELLATE DECISIONS
Posted on February 07, 2009The Kentucky Court of Appeals issued 46 cases on Feb. 5th. The following topics were discussed. By reading the LawReader weekly synopsis of all Ky. Appellate decisions you can stay current in the law. This one feature by itself if worth the monthly LawReader subscription fee of only $34...
Silly DUI bill once again raises its head?Senate Bill 5 would create exemption for drugged drivers
Posted on February 06, 2009Once again an attempt is being made to adopt the following bill. This year it is called Senate Bill 5 (see full text below). This bill originally was requested by a victim?s family who felt that a person who was driving while intoxicated by a drug could not be prosecuted...
KBA Executive Director Jim Deckard leaves for position with Hurt, Crosbie & May
Posted on February 06, 2009Running the 15,000-member state bar was “a great experience,” Deckard said, but he thought it was time to get back into private practice. He worked for a Nashville firm before former Chief Justice Joseph Lambert hired him. Deckard said he is joining the law firm of Hurt Crosbie & May...
Former Chief Justice Lambert sends a message to prosecutors about the continued use of the ?send a message? argument.
Posted on February 06, 2009Senior Judge Joseph Lambert sitting on the Court of Appeals sent a direct warning to prosecutors who continue to flirt with the ?send a message? argument to jurors. In his concurring opinion comments he said: ?Kentucky prosecutors should be aware that their use of ?send a message? arguments exposes the conviction obtained to a substantial risk of [...
Justice Ruth Ginsburg has Surgery for Cancer.
Posted on February 05, 2009The Supreme Court released a statement that Justice Bader Ginsburg is hospitalized for surgery for pancreatic cancer tumor, February 5, 2009, and is expected to remain in the hospital for seven to ten days. This has been confirmed by several news outlets, including the Associated Press and NBC News...
Who might replace Justice Ginsburg?
Posted on February 05, 2009Word of Justice Ruth Bader Ginsburg’s illness on Thursday, just two weeks after Obama’s inauguration, set off an inevitable round of speculation about whether she will have to retire sooner than she would wish ? and whom Obama might tap as her successor...
Kentucky Bar Association to present ?Rule of Law? Symposium. Bradford Hall at KSU -Friday
Posted on February 03, 2009The Kentucky Bar Association, with the support of Kentucky State University, will sponsor an engaging examination of the ?Rule of Law? beginning this Friday, February 6, at 9:30 a.m. in Bradford Hall on the KSU campus in Frankfort. WHO: Featured speakers include Chief Justice John D...
Ky. Department of Revenue Extends Deadline for Paying of Quarterly Taxes
Posted on February 03, 2009Monday, February 02, 2009 FRANKFORT, Ky. (Feb. 2, 2009) ? Finance and Administration Cabinet Secretary Jonathan Miller announced today that the Kentucky Department of Revenue has extended by two weeks the deadline for filing the K-2s and K-3s that would be due today, February 2, 2009...
Supreme Court allows pat down search of passengers?
Posted on February 01, 2009By Ruby Gonzales, Whitter Daily News 01/31/2009 The Supreme Court ruled that police can search passengers of a car pulled over if they suspect the person is armed and dangerous. Officers can frisk a car’s occupants even if they haven’t committed a crime...
High Court says cops can pat down passengers in traffic stops
Posted on February 01, 2009By Ruby Gonzales, Whitter Daily News 01/31/2009 The Supreme Court ruled that police can search passengers of a car pulled over if they suspect the person is armed and dangerous. Officers can frisk a car’s occupants even if they haven’t committed a crime...
Governor Beshear orders unprecedented total callup of Kentucky National Guard
Posted on January 31, 2009Saturday, January 31, 2009 FRANKFORT, KY. ? Governor Steve Beshear today directed Kentucky’s Adjutant General, Maj. Gen. Edward W. Tonini, to order the unprecedented activation of all Kentucky Army National Guard units, along with selected portions of the Kentucky Air National Guard...
The Exclusionary Rule is being eliminated and nothing is being offered as a replacement for prosecutorial or police misconduct.
Posted on January 31, 2009Editorial by LawReader Senior Editor Stan Billingsley Jan. 30, 2009 A LawReader study reveals that prosecutorial misconduct is rarely sanctioned orpunished in Kentucky. While the appellate courts frequently consider the issue, and often find that in fact the prosecutor did violate a rule or practice, the error is overlooked due to an increasingly broad interpretation of [...
Law firms consider getting rid of ?billable hours? fee system
Posted on January 31, 2009Law firms will have to overhaul compensation structures to bill for ?something other than taking a long time to do something?. Law Firms are running out of hours they can bill. Are lawyers really working 12 hours a day every weekday of the year? ooooLinkedin oDigg JONATHAN D...
Pulaski County to break ground for new Judicial Center FEb. 2nd.
Posted on January 30, 2009FRANKFORT, Ky. — The public is invited to a groundbreaking ceremony for the planned Pulaski County Judicial Center on Monday, Feb. 2, at 1:30 p.m. The event will take place at the construction site at 52 Public Square in downtown Somerset. The Kentucky General Assembly authorized the Pulaski County project in 2005 and approved its funding [...
Judge rules that men who didn?t register for draft can hold federal jobs
Posted on January 27, 2009January 27, 2009 By Jonathan Saltzman, Boston Globe Staff A federal judge in Boston has declared unconstitutional a 1985 law by Congress that bars people from most federal employment if they knowingly failed to register for the draft. US District Court Judge Douglas P...
Man Attacks His Lawyer In Court With Feces ? He never saw it coming.
Posted on January 27, 200910news.com January 27, 2009 SAN DIEGO — A mistrial was declared Monday when a home-invasion robbery suspect smeared human feces on his attorney’s face then threw more at the jury. Weusi McGowan, 37, was upset because San Diego Superior Court Judge Jeffrey Fraser refused to remove Deputy Alternate Public Defender Jeffrey Martin from the case, prosecutor Christopher [...
U.S. Supreme Court upholds pat down search merely on belief suspect is armed and dangerous
Posted on January 26, 2009? Arizona v. Johnson (pdf), a win for police on the Fourth Amendment issue of whether a pat-down search is permissible when the officer has reason to believe a suspect is armed and dangerous, but no cause to believe a crime has been or is being committed ARIZONA v...
Supreme Court Upholds Prosecutorial Immunity for Official Actions
Posted on January 26, 2009? Van de Kamp v. Goldstein (pdf), a strong endorsement of prosecutorial immunity from liability for official actions. Cite as: 555 U. S. ____ (2009) Syllabus VAN DE KAMP ET AL. v. GOLDSTEIN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No...
U.S. Supreme Court protects employees who report sexual discrimination claims under Title VII retaliation rules
Posted on January 26, 2009Jan. 26, 2009 Employees who cooperate with an internal investigation of sexual harassment are protected from retaliation under Title VII of the Civil Rights Act, the Supreme Court held Monday. The case?see: Crawford v. Metropolitan Government of Nashville and Davidson Cty...
Livingston, Carlisle and Trigg Counties will open new courthouses in the next 18 months.
Posted on January 25, 2009The new $6.8 million Livingston County Justice Center is expected to open Feb. 2 to replace a facility built in 1845, one of the oldest in the state. The $10.5 million Trigg County Judicial Center is expected to open in June after two years of construction on the site of the demolished old courthouse...
Proposed Video Lottery Terminals may not generate the same revenue as real Slot Machines
Posted on January 25, 2009By LawReader Senior Editor Stan Billingsley House Speaker Greg Stumbo has introduced House Bill 158 to allow video terminal gambling at state race tracks. These may not be as popular as real slot machines. Representative Arnold Simpson of Covington has suggested that the provision of this bill to limit their placement only at race tracks is [...
Kentucky Court of Appeals issues 24 important decisions on Jan. 23.
Posted on January 24, 2009LawReader subscribers may view these decisions with synopsis at: COURT OF APPEALS DECISIONS FOR JAN. 23, 2009 - Non-subscribers may sign up at: SIGN UP - PRICING IMPORTANT TOPICS COVERED THIS WEEK. TECHNICAL FORM OF PLEADINGS NOT REQUIRED-IF PLEADING INCOMPLETE MOTION FOR MORE DEFINITE STATEMENT POSSIBLE-PUBLIC OFFICIAL QUALIFIED IMMUNITY- WORKER?S COMPENSATION ?DISABILITY BENEFITS ?ALJ NOT BOUNDY BY SOCIAL [...
Popular Louisville attorney Margaret ?Maggie? Keane, has won election as Vice-President of the Kentucky Bar Association.
Posted on January 23, 2009Results certified this week show that Keane beat Manchester lawyer Scott Madden in the race for vice president by a vote of 2,400 to 2,084. The election places Keane in line to be the next President of the KBA. Madden an attorney from Manchester, Kentucky, made an impressive run for the office considering the advantage shared [...
COURT OF APPEALS JUDGE SARA COMBS SLAMS ATTORNEYS FOR UNPROFESSIONAL COMMENTS IN APPELLATE BRIEFS
Posted on January 23, 2009Jan. 23, 2009 The Court of Appeals in a Madison County case (Joshua Spivey v. Commonwealth) sent a warning about unprofessional and inappropriate language in appellate briefs submitted in the case. The appellate decision was issued on Jan. 23, 2009...
Ky. Supreme Court releases 36 important decisions for January.
Posted on January 22, 2009If you aren?t staying current in Kentucky appellate court rulings you will quickly fall behind on the state of the law. Members may access these cases at: KY. SUPREME COURT DECISIONS FOR JANUARY 22, 2009 Non-members may sign up and access all decisions and synopsis go to: SIGN UP - PRICING
Ky. Ct. of Appeals Overrules Seizure of Internet Gambling Domains
Posted on January 21, 2009Details have emerged on the ruling handed down late Tuesday by the Kentucky Court of Appeals which overturned a decision by the Franklin Circuit Court to seize and possibly confiscate 141 online gambling domains belonging to owners throughout the world...
Supreme Court lets the Child Online Porn Protection Act die quietly.
Posted on January 21, 2009A 13-year legal drive to shield children from pornography on the Internet ended in defeat today when the Supreme Court let the Child Online Protection Act die quietly. The measure, which never went into effect, made it a crime to put sexually explicit material on a website for commercial gain unless the sponsor used some means, [...
Supreme Court rules Saucier Government Offiical qualified immunity test not mandatory in every case
Posted on January 21, 2009Jan. 21, 2009 The US Supreme Court Wednesday ruled unanimously in Pearson v. Callahan that the test for whether a government official is entitled to qualified immunity, established by the Court in 2001 in Saucier v. Katz, is no longer mandatory in every case...
Supreme Court Sides With Student in Sex-Bias Case ? Title IX does not bar Section 1983 claims
Posted on January 21, 2009The U.S. Supreme Court ruled unanimously Wednesday Jan. 21, 2009 that Title IX does not bar victims of sex discrimination in schools from pursuing claims under an older federal civil rights law. The decision is a victory for the parents of a Massachusetts student who claimed that school officials failed to adequately respond to sexual [...
Failure to report to jail is not violent crime
Posted on January 20, 2009by David Ziemer Wisconsin Law Journal January 19, 2009 A mere failure to report to jail is not a ?violent felony? under the Armed Career Criminal Act (ACCA), according to the nation?s highest court. The U.S. Supreme Court on Jan. 13 unanimously held that the 15-year minimum for defendants convicted of felon in possession of a [...
The Inauguration- A Celebration of Democracy ? We wish that Bert Combs and Ned Breathitt could have been here?.
Posted on January 20, 2009By Stan Billingsley Jan. 20, 2009 Today we celebrate a rite of Democracy, the peaceful exchange of national leadership. All Americans can take pride in this event. We do have one regret however, and that is that Gov. Bert Combs and Gov. Edward T. ?Ned? Breathitt were not here to witness the inauguration of Barack Obama...
Chief Justice Roberts Messes Up Presidential Oath?
Posted on January 20, 2009WASHINGTON ? Barack Obama took the 35-word oath of office Tuesday to become the United States’ 44th president — even if he may have been led to utter the historic words in the wrong order.Obama was sworn in by Supreme Court Chief Justice John Roberts, resting his left hand on Abraham Lincoln’s Bible and raising [...
Rev. Martin Luther King?s ?I have a dream? speech remembered
Posted on January 19, 2009Today we remember the great speech given by Rev. Martin Luther King on the steps of the Lincoln Memorial in 1963. Tomorrow, 45 years after this speech, we celebrate an event that suggests many of the dreams of Dr. King have been achieved. Dr. Martin Luther King: Five score years ago, a great American, in whose [...
Two Lexington Police officers have filed an unusual civil lawsuit. They have apparently overlooked the Kentucky ?Firemans rule? which applies to Police Officers
Posted on January 18, 2009Officer Randall Combs claims in his lawsuit that he injured his shoulder, and Officer Derrick Wallace says he dislocated his thumb in a scuffle with Daniel Lee Billings on Dec. 20. 2007. Wallace and Combs were two of several officers dispatched to break up an unruly holiday party at the Crowne Plaza-Campbell House in Lexington...
U.S. Supreme Court to Review Strip-Searches of Students
Posted on January 18, 2009The Supreme Court has agreed to hear a case involving the strip-search of a middle school student by school officials looking for over-the-counter and prescription drugs. The strip-search case has attracted attention in education law circles. In July, the 9th Circuit court ruled that a strip-search of an 8th grader by school authorities looking for prescription-strength Ibuprofen [...
U.S. Supreme Court to Weigh IDEA and tuition for private schooling of special education students
Posted on January 18, 2009The U.S. Supreme Court this week agreed to hear an important case involving special education. In this special education case, the justices will return to an issue they deadlocked over in their last term: whether parents in a special education dispute with a school district may be reimbursed for ?unilaterally? placing their child in a [...
Ct. of Appeals issues 45 important cases. Nine rulings involving Family Court continues trend of reversals and remands.
Posted on January 17, 2009The Kentucky Court of Appeals issued an unusual number of cases involving Family Courts this week, and most of them were remands and reversals. This negative review of Family Court rulings continues a trend we have noticed for a number of months. If you practice in this area of the law, you should be aware of [...
HOUSE JUDICIARY COMMITTEE CALLS FOR FULL INVESTIGATION OF BUSH ADMINISTRATION POLICES ON CIA AGENT DISCLOSURE-U.S. ATTORNEY FIRINGS AND OTHER ISSUES ? see 486 page report
Posted on January 14, 2009House Judiciary Committee Chairman John Conyers issued a report Tuesday documenting what he says are extraordinary claims of executive power during President George W. Bush?s eight years in office. Conyers said disturbing evidence his committee has gathered begs for an independent criminal investigation into controversial and possibly illegal policies sanctioned by the White House, including [...
U.S. Supreme Court Hears Three Cases Re: Defendant?s Rights
Posted on January 14, 2009January 13, 2009 The U.S. Supreme Court heard three arguments on Tuesday, all concerning what criminal defendants can expect from their lawyers. The first and liveliest considered a decision of the Louisiana Supreme Court, Montejo v. Louisiana, No...
U.S. Supreme Court Justices by 5-4 vote, say Search conducted on basis of false report about an outstanding warrant is valid
Posted on January 14, 2009Exclusionary Rule and requirement for Probable Cause for Search take another hit. Evidence Obtained don Is Valid Despite Police Error ?When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply...
U.S. Supreme Court uphold Ky. Retirement System re: calculation of benefits
Posted on January 14, 2009SUPREME COURT OF THE UNITED STATES Cite as: 554 U. S. ____ (2008) Syllabus KENTUCKY RETIREMENT SYSTEMS ET AL. v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No...
Special Election called for Bowling Green state senate seat.
Posted on January 13, 2009Tuesday, State Senate President David Williams called for the Special Election to be held on Tuesday, February 10, to fill the vacancy in the 32nd Senate District, as result of the election of former Senator Brett Gutherie to Congress in the 2nd District...
How to apply for an appointment to a Kentucky Board or Commission
Posted on January 13, 2009Want to be considered for a Gubernatorial appointment to a Board or Commission? You can visit the state web site which provides the application forms and a list of the Boards and Commissions to which appointments are made. To access this web site go to: http://www...
Trial lawyers group ask Obama to stay Bush rules which will limit product liability claims
Posted on January 13, 2009By Chris Rizo Madison St. Clair Record - Jan. 12, 2009 WASHINGTON - A leading national group of trial lawyers Monday called on President-elect Barack Obama to repeal a bevy of regulations that limit corporate liability. The American Association for Justice said the regulations backed by the Bush administration fetter individuals’ access to the courts...
CLEMENCY WEEK IS UPON US?.WHO WILL BUSH PARDON?
Posted on January 13, 2009President Bush has until 1:00 P.M. Tuesday Jan. 20th, to issue pardons and grant immunity. Some 23 Bush administration officials have received advice that they should be careful about traveling in most European countries due to the possibility they could be arrested for violation of the Geneva Convention...
U.S. Justice Dept. is looking for lawyers.
Posted on January 13, 2009The Justice Dept. has vacancies for lawyers. If you wish to be considered for a position as a lawyer for the Justice Department you should check out their web site at: http://www.usdoj.gov/oarm/attvacancies.html All Department organizations advertise their vacancies for experienced attorneys on this web site...
US Supreme Court Asks DOJ To Weigh In On Cablevision?s New DVR
Posted on January 12, 2009January 12, 2009 In an important case for the entertainment industry, the U.S. Supreme Court asked the Justice Department Monday to weigh in on whether the court should consider a legal challenge to a next-generation digital video recorder planned by Cablevision Systems Corp...
What to do with Rodger? The law regarding cremains.
Posted on January 12, 2009What to do with Rodger? The law regarding cremains. By Stan Billingsley Jan. 12, 2009 This week I received a package that I mistook for a belated Christmas gift. My wife carried the package into my office and said here?s something ?from your nephew Pat?...
Justice Dept. Issues Opinion: Lawyer Incompetence in Immigration Hearings No Bar to Deportation
Posted on January 12, 2009Ineffective assistance of counsel in an immigration proceeding is no longer a valid defense to deportation, reports The New York Times. An opinion released Wednesday by Attorney General Michael Mukasey holds that ?neither the Constitution nor any statutory or regulatory provision entitles an alien to a do-over if his initial removal proceeding is prejudiced by [...
Amazing way to find specific word in long document..try this and you?ll love it.
Posted on January 12, 2009Have you ever been confronted with a long document ?say 80 pages long?and you want to find the reference in the document to a specific term or name such as ?immunity?? Well our friends at Microsoft have anticipated the utility of a tool that allows you to apply a mini-search engine to a long document, [...
Speedy trial issue lands before US Supreme Court. Delay caused by Public Defender to be reviewed.
Posted on January 11, 2009A Vermont court threw out the conviction of Michael Brillion and freed him from prison last spring, saying his Sixth Amendment right to a speedy trial had been violated. Now, the U.S. Supreme Court is taking up a case this week, trying to decide if delays caused by public defenders can deprive a criminal defendant of [...
Gov. Beshear Announces Expansion of Ethics Measures
Posted on January 11, 2009FRANKFORT, Ky. ? Gov. Steve Beshear today announced an expansion of ethics measures in his administration that goes beyond what the law requires to promote greater transparency and openness to the taxpayers of the commonwealth. ?My administration has already adopted some of the toughest executive branch ethics reforms in the country,? Gov...
This week?s schedule for Legislative Comm. meetings
Posted on January 10, 2009Kentucky General Assembly Weekly Legislative Calendar January 12 - 16, 2009 Monday, January 12, 2009 No Meetings Scheduled Tuesday, January 13, 2009 10:00am, Annex Room 149 ADMINISTRATIVE REGULATION REVIEW SUBCOMMITTEE Members: Rep. Robert R...
Shelby County Family Judge victimized by YouTube video postings by angry litigant
Posted on January 10, 2009A Shelby County pro se litigant who is angry with Shelby Family Court Judge John D. Myles rulings, has posted numerous videos on the video web site youtube.com which attempts to criticize the judge. The attempt is to try to make the Judge look bad, but the result misses the mark...
Bipartisan Support for Bill to Expand Programs that Divert Drug Offenders from Prison Sentence
Posted on January 09, 2009FRANKFORT ? A legislative committee Thursday approved a bill that would expand programs that divert drug offenders out of the state?s overcrowded prisons. The bill would allow for pretrial officers to screen people for drug addiction and then make recommendations on what type of treatment they should receive...
Want to attend an inauguration party next week in Washington D.C.? Here?s how.
Posted on January 09, 2009Want to attend an inauguration party next week in Washington D.C.? You can attend a Kentucky-themed pre-inaugural ball in the nation’s capital for $353.50 ? or take along nine friends for an even $4,000. The Bluegrass Ball is a Jan. 19 black-tie event sponsored by the Kentucky Society, which has decided to make tickets available to the [...
?Kentucky?s Open Door? web site provides online access to how tax dollars are spent
Posted on January 09, 2009FRANKFORT, Ky. ? On Jan. 1, 2009, Kentucky started the New Year with a Web site that provides citizens access to all state expenditures and other vital information about state-funded programs. The new Web site?s address is www.opendoor.ky.gov. ?In today?s difficult economic times, it is even more important for government to be transparent and accountable, and [...
Are the Polar Ice Caps Really Melting? New satellite will answer this hotly debated question.
Posted on January 08, 2009European Space Agency will launch a satellite in 2009 to see if the earth?s ice caps are really melting. ESA’s ice mission CryoSat-2 The question of whether global climate change is causing the polar ice caps to shrink is one of the most hotly debated environmental issues we currently face...
School Consolidation could improve education and save tax dollars.
Posted on January 08, 2009A recent article concerning a survey of voter attitudes in Indiana regarding school consolidation was brought to LawReader?s attention by Circuit Judge Jack Seay of Bardstown. This article demonstrates how the effort to provide a first rate education takes second place to the desire to maintain a local identity...
Conservative 4th. Circuit Ct. of Appeals Court strikes down federal sex offender law.
Posted on January 08, 2009RICHMOND, Va. ? Congress overstepped its authority when it enacted a law allowing the federal government to hold sex offenders in custody indefinitely beyond the end of their prison terms, a federal appeals court ruled Thursday. The law allowing civil commitment of “sexually dangerous” federal inmates intrudes on police powers that the Constitution reserves for states, [...
State Official May Own Real Estate with others. Governors Chief Aide, Adam Edelen is clean on this issue.
Posted on January 07, 2009By LawReader Senior Editor Stan Billingsley Jan. 7, 2009 In the field of ethics applicable to Executive Branch officials the law requires that a financial report be made disclosing some but not all business relationships and investments...
STUDY CONFIRMS LONG-HELD SUSPICION THAT WHEN LOCAL BUDGETS GET TIGHT, COPS WRITE MORE TRAFFIC TICKETS
Posted on January 07, 2009go to: Study confirms long-held suspicion that when local budgets get tight, cops write more traffic tickets
What?s next in the Minnesota Election contest between Al Franken and Norm Coleman?
Posted on January 07, 2009Here?s the Minnesota state law. The state Supreme Court chief justice will now appoint three judges. It?s unclear if Chief Justice Eric Magnuson will take this action because he was a member of the canvassing board. He may or may not. His duties on the board are completed...
SENATE MUST SEAT BURRIS - U.S. SUPREME CT. HAS SET PRECEDENT WHICH LIMITS CONGRESS?S POWER TO REFUSE TO SEAT NOMINEE
Posted on January 06, 2009Senatorial appointed Roland Burris from Illinois has strong legal argument to be seated. The Congressional claim to be able to deny a seat at their discretion has been limited by a relative recent ruling of the U.S. Supreme Court. The U.S. Supreme Court in 1969 (Adam Clayton Powell vs...
Obama?s Justice Department to Make Big Changes
Posted on January 06, 2009President-elect Barack Obama reached back to the Clinton administration again Monday to fill four top Justice Department posts with lawyers whose records signal a sharp break from the legal policies of the last eight years. Washington lawyer in private practice, as deputy attorney general; Elena Kagan, dean of the Harvard Law School, as solicitor general; Thomas [...
Greg Stumbo Elected Speaker of the House by 3 vote margin.
Posted on January 06, 2009Jan. 6, 2009 LawReader reported earlier this week that our sources indicated that Greg Stumbo would win the Speaker’s position in a close race. They were right on the mark. Kentucky House Democrats elected Greg Stumbo Speaker of the House, in the most hotly contested leadership race on the first day of the legislative session...
Legislature set to reconvene?they should read what delegates to 1897 Constitutional Convention said about them
Posted on January 03, 2009Jan. 3, 2009 As the Legislature gets ready to start a new session on Jan. 6th. we note a comment made by a Delegate to the Ky. 1897 Constitutional Convention. This should be considered in light of the current $450 million dollar budget deficit and the fact that over the last 20 years the Legislature has granted [...
SECRET SOURCES PREDICT SPEAKER OF THE HOUSE RACE
Posted on January 03, 2009By LawReader Senior Editor Stan Billingsley – Jan. 4, 2008 Everyone in Frankfort, of a Democratic persuasion, are scared to death to discuss the race for Speaker of the House between incumbent Speaker Jody Richards, and former Attn. General Greg Stumbo...
Madoff Ponzi Scheme bankruptcy hearing date set for Feb. 4th.
Posted on January 02, 2009Louis A Stanton, a bankruptcy judge in New York City, has issued a stay order preventing any lawsuits being filed in the Madoff Ponzi Scheme swindle. The Trustee appointed is Irving H. Picard. He will oversee liquidation of Bernard L. Madoff Investment Securities LLC...
Gov. Beshear campaigns statewide for Cigarette Tax to Balance Budget
Posted on January 02, 2009Gov. Steve Beshear is calling on a broad-based constituency that includes business leaders, educators, health advocates and the general public as he tries to win passage of a cigarette tax increase. Beshear has traveled the state to convene town hall-style meetings at which he has asked the audience to call legislators and support his overall plan [...
U.S. Chief Justice Blasts Low Pay for Federal Judges
Posted on January 02, 2009In his 2008 year-end report, Supreme Court Chief Justice Roberts ? who in 2006 branded the federal judiciary?s pay freeze a ?constitutional crisis? ? made nearly the same argument. Over at WashWire, WSJ Supreme Court reporter Jess Bravin reports: . ...
Annual Report on the Federal Judiciary: Costs are Down, and Pay Needs to Go Up
Posted on January 01, 2009Dec. 31, 2008 In his year-end report on the state of the federal judiciary released at 6 p.m. today, Chief Justice John Roberts Jr. praised the courts as frugal, dedicated and crucial to the life and economic recovery of the nation. But to keep the courts strong, Roberts said — as he has urged in the [...
LawReader Celebrates 10th. Anniversary ? Future Looks Bright
Posted on December 31, 2008By LawReader Senior Editor Stan Billingsley Jan. 1, 2009 Today LawReader observes its first decade of existence. How far we have come during those exciting years. An expert advised us recently, that if all the materials contained on LawReader where placed in hard bound books and placed in library stacks, that our library would cover the [...
Governor Recommends Extending CERS Phase-In to Ky. Retirement Board of Trustees
Posted on December 31, 2008Dec.30, 2008 In a press conference this morning Governor Steve Beshear urged the Kentucky Retirement Systems (KRS) Board of Trustees to move ahead with policy changes that would extend the phase-in period for reaching the actuarially required contribution (ARC) for employers participating in the County Employees Retirement System (CERS)...
JUDICIAL CAMPAIGN RULES CONTINUE TO CHANGE ? Ohio Judicial races given leeway for partisan ads ? ?there?s a fine line between saying. ?I commit.? and wink-wink, nudge-nudge.?
Posted on December 31, 2008New Rules adopted by the Ohio Supreme Court are consistent with a recent U.S. District court ruling sought by a Kentucky Judicial Candidate (Marc Carey) which allows Judicial Candidates to speak out on public issues. Ohio Judicial Races are partisan and candidates can run as the nominee of a political party...
U.S. 9th. Circuit rules three-strikes sentence unconstitutional
Posted on December 30, 2008The U.S. 9th Circuit Court of Appeals says a 28-years-to-life penalty for a sex offender who failed to register at the appropriate time is cruel and unusual punishment. . By Carol J. Williams L.A. Times December 30, 2008 California’s three-strikes sentencing law suffered a blow Tuesday when a federal appeals court struck down as unconstitutional a [...
Are state budget cuts fueling national financial crisis? Economist calls governors ?50 Herbert Hoovers?.
Posted on December 30, 2008Economist Paul Krugman ? The New York Times –Dec. 30, 2008 Respected economist Paul Krugman suggests that in times of recession, state governments should be spending on education and infrastructure instead of cutting expenditures. Excerpts from his column: ?? even as Washington tries to rescue the economy, the nation will be reeling from the actions of 50 Herbert [...
Three Year Study Provides Suggestions to Improve Civil Jury Trials
Posted on December 29, 2008The Bar Association of the 7th. Circuit Bar Association has conducted a study with suggestions for reformation of Civil Trial practice. The study took three years. In the process they reviewed 50 civil trials and tested seven new concepts of jury strategy...
Sixth Circuit Ct. of Appeals Partisanship rewards Prosecutorial Misconduct.
Posted on December 29, 2008By LawReader Senior Editor Stan Billingsley The Law is full of doctrines. Doctrines are useful tools in resolving issues of law. However, we believe it is apparent that some appellate judges are bringing to the bench doctrinaire philosophies that have little to do with a search for real justice...
Will Parks be Closed if the Governor?s Cigarette Tax Fails? See which Senators will be the most affected by Parks Department cuts. ? Should the State Police be eliminated, Should the Parks system by sold off?
Posted on December 26, 2008By LawReader Senior Editor Stan Billingsley Dec. 26, 2008 Where to cut the state budget? Some unpleasant decisions will have to be made if the Governor?s budget amendment plan is not adopted by the General Assembly in 2009.The large Kentucky state budget deficit ($456 million) projected by the Governor?s Office will mandate some drastic cuts if [...
State Budget Crisis Results in Steep Cuts to Legal Aid Programs ?While the demand for civil legal services for the poor is growing, funding drops
Posted on December 25, 2008December 25, 2008 Legal Aid of the Bluegrass , the nonprofit group that provides emergency civil legal help to the poor across Northern and Central Kentucky may have to turn the indigent away to make up for a cut in state funding. Legal Aid of the Bluegrass, which serves 33 counties...
Law Professor Jonathan Turley says Bush Administration Officials Should be Held to Account for Torture ? Warrantless Spying on Citizens
Posted on December 24, 2008December 23, 2008 - BLT ? Legal Times Blog Q&A: Jonathan Turley on Holding Bush and Cheney Accountable George Washington University Law School professor Jonathan Turley is a leading constitutional scholar and commentator who has served as counsel for several defendants in terrorism and national security cases in recent years...
6th. Circuit sets aside Ky. law restricing online sales of wine
Posted on December 24, 2008Dec. 24, 2008 The 6th. Circuit Court of Appeals ruled Wednesday that Kentucky must allow small out-of-state wineries to ship their wares into the state even if a customer buys the wines online or over the phone. The U.S. 6th Circuit Court of Appeals’ ruling upholds an earlier decision that struck down Kentucky’s law prohibiting wine shipments [...
Law Professor: Bush v. Gore Set to Outlast Its Beneficiary ? Case cited in Cincinnati Ruling
Posted on December 23, 2008ADAM LIPTAK December 22, 2008 The Supreme Court?s decision in Bush v. Gore, issued eight years ago this month, was widely understood to work like that tape recorder in ?Mission: Impossible.? It was meant to produce a president and then self-destruct...
FRANKLIN CIRCUIT COURT RULING HAS INTERNATIONAL IMPLICATIONS ? Kentucky?s scheme to seize internet domain name raising eyebrows on world wide web
Posted on December 22, 2008A Kentucky Court Approves the Seizure of Out-of-State Companies? Domain Names: A Dangerous Precedent that May Chill Free Speech and Impede Global Internet Communications By ANITA RAMASASTRY Monday, Dec. 22, 2008 Does a government or court have the right to seize a domain name when a website’s activities are illegal where the government or court sits, [...
Buyer?s Remorse Prompts Appellate Court Decision ? Right to Rescind Condo Purchase limited
Posted on December 22, 2008MIAMI, Dec. 22 , 2008 - Property values reached an all time low this year compelling many condo speculators to back out of contracts in order to minimize their losses. Cases surfaced where plaintiffs sought to rescind their sales contracts, accusing developers of failure to comply with certain disclosure requirements mandated by the Interstate Land Sales [...
Beaver?s Mother Barbara Billingsley turns 93 ? See how she is related to LawReader?s Editor Stan Billingsley
Posted on December 22, 2008Dec. 22, 2008 Barbara Billingsley celebrates her 93rd. birthday Dec. 22, 2008. Actress Barbara Billingsley (born December 22, 1915) is an American film, television and character actress, who in her five decades of television came to prominence in the 1950s as an everyday mother, June Cleaver, on Leave it to Beaver, and its sequel, Still the Beaver [...
?Bare Bones? does not mean No Bones!! A closing argument may be used to ?Flesh Out? the instructions. But as currently applied in the courts, the Bare Bones rule is ALL BONE AND NO FLESH.
Posted on December 21, 2008By Judge Stan Billingsley (Ret.) Justice Palmore is credited with creating the Ky. Bare Bones rule for jury instructions in Cox v. Cooper, 510 S.W.2d 530 (Ky., 1974) when he said: ?Instructions] should not contain an abundance of detail, but should provide only the bare bones of the question for jury determination...
Ky. Sup. Ct. rules on: LEARNED TREATISES VS. JUDICIAL NOTICE ? also adjudicative facts-dictionary definition
Posted on December 21, 2008The following discussion concerns the difference between admission of evidence under the Learned Treatise rule versus admission under the Hearsay exception under the Judicial Notice rule. Also discussion are ?adjudicative fact? and the rules for ?Judicial Notice of a Law...
See List of Wall Street?s Ponzi scheme victims who were swindled by Bernard Madoff
Posted on December 20, 2008The fallout from Bernard Madoff’s alleged Ponzi scheme reverberated around the world as the list of investors facing losses widened. Among the biggest losers were charities, hedge funds, and banks in Europe and Asia. Below, see some of the most exposed investors and sort by the amount of potential losses...
Court of Appeals issues 23 important decisions this week - Ky. Supreme Court issues 14 decisions this week - See topics discussed.
Posted on December 20, 2008LawReader subscribers can access these cases with keywords, synopsis and links to the full text at COURT OF APPEALS DECISIONS FOR DEC. 19, 2008 – or KY. SUPREME COURT DECISIONS FOR DECEMBER, 2008 Non-subscribers can sign up for LawReader by going to SIGN UP - PRICING Topics discussed this week include: SUPREME COURT - worker?s compensation ? timely [...
Jon Draud , Education Administrator who has been ill recently has resigned.
Posted on December 19, 2008FRANKFORT, Ky. ?Gov. Beshear issued the following statement: ?I want to thank Jon Draud for his distinguished career and longstanding commitment to public service in Kentucky, particularly our children. I also wish to extend to Jon my best wishes for his continued and full recovery...
Some Judges Delay Swearing-In Of New Citizens, Report Says
Posted on December 18, 2008By Spencer S. Hsu Washington Post Thursday, December 18, 2008 Federal judges in some parts of the United States have delayed the swearing-in of new citizens, keeping millions of dollars in fees that would otherwise go to immigration officials if they were allowed to administer the oaths instead, according to a new government report and [...
New Rules say Government Contractors Must Disclose ?Credible Evidence? Of Fraud, Abuse - Failure to comply could result in disbarment for attorneys
Posted on December 18, 2008Dec. l8, 2008 Government, Inc. by Robert Harrow, Jr. Starting today, all federal contractors on deals lasting four months or more and worth $5 million or more (including those outside the U.S. and those providing commercial items) must blow the whistle on criminal violations or overcharging...
Franklin Circuit Judge Phillip J. Shepherd Denies Early-release Injunction
Posted on December 18, 2008Attorney General Jack Conway?s office suffered a setback in his attempt to end the Justice Cabinet?s attempt to cut prison populations by liberalizing early release procedures. This issue is one of the first battles between ?conservatives? who seek to increase prison populations and ?moderates? who believe Kentucky must reduce its half billion dollar a year [...
Mark Hebert suggests potential nominees for U.S. Attorney positions
Posted on December 17, 2008Mark Hebert reports that the following attorneys names are being bandied about as possible nominees for appointment as U.S. Attorney in an Obama Administration. Benham Sims: Former District Judge. David Kaplan: Chief of Staff for House Speaker Jody Richards...
Muslim woman jailed for refusing to remove head scarf in Georgia courthouse
Posted on December 17, 2008ATLANTA (Dec. 17) - A Muslim woman was arrested for refusing to take off her head scarf at a courthouse security checkpoint said Wednesday that she felt her human and civil rights were violated. A Georgia judge ordered Lisa Valentine, to serve 10 days in jail for refusing to take her head scarf off in court [...
U.S. Supreme Court considers ban on depictions of animal cruelty
Posted on December 17, 2008WASHINGTON, Dec. 17 – The U.S. Supreme Court will have the last word on a federal law that bans the sale of films or photographs that show animals being tortured. A federal appeals court ruled that the law was unconstitutional because it limited freedom of speech...
Gov. Beshear Announces E-Warrant Program a Success
Posted on December 17, 2008Dec. 17, 2008 FRANKFORT, Ky. ? An electronic, interlinked system that went online this year has revolutionized the way Kentucky law enforcement and criminal justice professionals access and serve warrants, summonses and other related documents, Gov...
KBA limits power of Bar President
Posted on December 17, 2008The president of the Kentucky Bar Association and the group’s ethics committee have settled an investigation over her removal of committee members in a deal that will put limits on her power. The association’s Board of Governors found that Barbara Bonar, of Covington, inappropriately removed several members of the ethics committee in August before their terms [...
U.S. Rep. John Yarmuth says Obama appointments of U.S. Attorneys and U.S. Marshals may not be discussed until March
Posted on December 13, 2008Dec. 14, 2008 U.S. Rep. John Yarmuth (D-Louisville) said discussions with the transition team of President-elect Barack Obama regarding federal appointments within the states have been limited thus far, but they may kick up once Obama has been inaugurated...
REPORT OF THE GOV.?S CRIMINAL JUSTICE REFORM COMMITTEE
Posted on December 13, 2008Secretary Michael Brown has submitted the 28 page report to Gov. Steve Beshear with reccomendations for reform of the Kentucky Criminal Justice system. This important report discusses numerous issues that should be adopted and also discusses issues which should be avoided...
Ace Criminal Defense Attorney Brenda Popplewell does it again with win based on hardwork and application of forensic science.
Posted on December 12, 2008LawReader watches for outstanding lawyers in all fields. One of the stars in criminal law practice is defense lawyer Brenda Popplwell from Somerset in Pulaski, County. She recently won an appeal before the 6th. Circuit. Today we report on another criminal trial victory...
Illinois Prosecutor Patrick Fitzgerald Blasted by Conservative Fox News ?Prosecutorial Misconduct?
Posted on December 12, 2008FOXNews.com Dec. 12, 2008 - U.S. Attorney Patrick Fitzgerald has a long history of being tough on crime, but critics say his overzealous pursuits sometimes cross the line. Patrick Fitzgerald, the 47-year old Justice Department wunderkind, has taken on corrupt government, terrorists and the mob...
US Supreme Court: Federal law DOES NOT trump state laws on medical marijuana
Posted on December 12, 2008December 11th, 2008 · by Steve Kubby, Director, The American Medical Marijuana Association Last Monday, the US Supreme Court Monday quietly, but overwhelmingly destroyed the allegations by state law enforcement that, ?Federal law trumps state laws on medical marijuana...
U.S Supreme Court hears discrimination claim re: company who reduces retirement pay of women who took maternity leave..
Posted on December 10, 2008Several Supreme Court justices questioned on Wednesday whether AT&T Corp. is discriminating against former employees by paying smaller retirement checks to women who took pregnancy leaves in the 1960s and 1970s. The court heard arguments in the case of four women who lost seniority credit when they took maternity leave before passage of a 1979 law [...
Louisville District Court winner spent $303,000 on campaign
Posted on December 10, 2008WHAS reporter Mark Hebert reports on his blog that: ?New Jefferson District Judge Katie King lent her own campaign $194,000 in the two weeks immediately before and after the November election, according to her filings with the Kentucky Registry of Election Finance...
U.S. Supreme Court hears Capital Case where Prosecution withheld Exculpatory evidence ? case causes Justice Stevens, to worry about ethics of the legal profession
Posted on December 10, 2008Prosecutors Didn’t Turn Over Proof of Killer’s Drug Use Washington Post - December 10, 2008 The Supreme Court’s oral arguments in Cone v. Bell yesterday began with exasperation, Justice Antonin Scalia incredulous that lawyers were at it again on behalf of a brutal murderer who the court twice has said could be put to death...
Arizona Courts improperly deny right to a jury trial
Posted on December 09, 2008East ValleyTribune Editorial Phoenix, Arizona - Nov. 8, 2008 The idea that anyone could be sentenced to even a day in jail without the opportunity to seek a jury’s opinion should be fundamentally offensive to a free society. Unfortunately, this situation continues to exist in Arizona, as the Arizona Court of Appeals again recently upheld a [...
Federal Judicial Salaries called Chump Change - Congress has prevented the judiciary from receiving cost of living adjustments six times since 1993
Posted on December 09, 2008John Pacenti Daily Business Review December 09, 2008 Judge Peter T. Fay of the 11th U.S. Circuit Court of Appeals wrote four different speeches to give at the inaugural Biennial Southern District of Florida Bench and Bar Conference. He scrapped them all to address the issue of judicial compensation and corruption in Congress...
Justice Clarence Thomas violation of Sup. Ct. tradition re: Obama?s eligibility rejected by full court - One other case still to be heard
Posted on December 09, 2008The Supreme Court turned down an emergency appeal Monday from a New Jersey man who claimed that President-elect Barack Obama was not a “natural born citizen” and therefore was ineligible to become president. The setback is the latest for a small group of persistent litigants who want the courts to block Obama from taking office...
California facing $10 billion a year in prison costs, studying major reforms in theories of incarceration ? Federal Court case may force the issue -
Posted on December 07, 2008Federal judges weighing solutions to California’s prison overcrowding crisis A sweeping order to release prisoners is one possible outcome; at issue is whether overcrowding is the cause of poor healthcare that violates their constitutional rights...
Were major tactical errors made by O.J.?s Blue Ribbon Defense Team?
Posted on December 06, 2008LawReader opines - Dec. 5, 2008 Yesterday, O.J. Simpson was sentenced to 33 years with a chance for parole in about nine years, but a prosecutor says the former football star could have spent less time behind bars if he had accepted a plea deal before he was convicted...
U.S. Supreme Court hears cases that may change Search & Seizure Rules ? Belton Rule re: search of vehicle incident to arrest and application of Good Faith Exception rule in false arrest
Posted on December 05, 2008Two cases argued before the United States Supreme Court a few weeks ago hold strong potential for shaking up the rules of search and seizure now applied thousands of times each day. After discussion of last year?s criminal procedures cases, participants in the IACP Legal Officers Section workshop turned their attention to upcoming decisions of [...
Fed. Judge orders State to Clear Murder Record of Eugene Gall
Posted on December 05, 2008Dec. 5, 2008 LOUISVILLE, Ky. — A federal judge has ordered the State of Kentucky to expunge the record of Eugene William Gall. of Hillsboro, Ohio. Gall was once on Death Row for killing a 12-year-old Cincinnati girl. U.S. District Judge Danny C...
U.S. Supreme Court Clarence Thomas breaks tradition and causes hearing on Obama?s Citizenship ? Action could delay Electoral College action to confirm the election of Obama.
Posted on December 03, 2008Dec. 3, 2008 On Dec. 3rd. Justice Clarence Thomas issued an order which will require the full supreme court to hear a certiori claim filed by a New Jersey attorney, after the initial petition was rejected by Justice David Souter. Thomas?s action is unusual as a rejection by one Justice of the Supreme Court traditional kills [...
U.S. Supreme Court to decide if federal laws may be used to challenge gender discrimination in education ? Title IX vs. Section 1983
Posted on December 03, 2008The U.S. Supreme Court is seeking to use a lawsuit over peer sexual harassment on a Massachusetts school bus to resolve an important legal issue about which federal laws are available to combat gender discrimination in education. The question for the justices during much of the oral arguments today was whether they granted review of [...
Attorney General Conway Announces Regional DUI Training for Police & Prosecutors On Dec. 3rd.
Posted on December 02, 2008Dec. 1, 2008 Attorney General Jack Conway today announced that his office is training police officers and local prosecutors about how to effectively prosecute Driving Under the Influence (DUI) cases at a regional seminar in Lexington, Ky. on Wednesday, December 3 through Friday, December 5 at the Hilton Suites Lexington Green, 245 Lexington Green Circle ...
Atheists sue Kentucky over Homeland Security Plaques citing God.
Posted on December 02, 2008Dec. 2, 2008 - Edwin Kagin, a Boone County lawyer and the national legal director of American Atheists has filed a lawsuit for a atheists-rights group suing the Kentucky Office of Homeland Security because state law requires the agency to stress a reliance on God and to install a plaque referencing a religious justification for [...
Mark Hebert of WHAS TV names Ct. of Appeals Judge Jeff Taylor as serial ethics complaint filer
Posted on November 30, 2008Hebert reported on his blog: ?A Kentucky Court of Appeals judge is apparently behind both of the recent complaints filed against democratic state lawmakers Joey Pendleton and Tom Burch. According to sources familiar with the case, Jeffrey Taylor of Owensboro was the appelate judge who filed the complaint with the Legislative Branch Ethics Commission, alleging Rep...
Kentucky Court of Appeals Releases 20 decisions this week
Posted on November 29, 2008LawReader Subscribers can read keywords, synopsis and full text by going to COURT OF APPEALS DECISIONS FOR NOV. 28, 2008 Non-subscribers can sign up at: SIGN UP - PRICING for Lawreader Important topics discussed this week: Child custody procedures-statutory findings of best interests ? paternity - CIVIL ARSON CASE ? EVIDENCE OF INSURANCE - RELEASE AND RECORDING OF [...
Tests of the Intoxilyzer DUI Breath Test machine yields troubling results
Posted on November 28, 2008Nov. 28, 2008 Based on a Cincinnati Enquirer article Ohio State officials plan to supply police agencies with the Intoxilyzer 8000, replacing the mishmash of different models of breath-test machines now used in Ohio and to centralize maintenance and record-keeping...
Ky. Supreme Court issues 39 opinions. Nineteen to be published.
Posted on November 27, 2008Ky. Supreme Court issues 39 opinions. Nineteen to be published. LawReader subscribers can read the keywords, full synopsis and full text of each case by going to KY. SUPREME COURT DECISIONS FOR NOVEMBER 2008 . nON MEMBERS MAY SIGN UP ONLINE AT SIGN UP - PRICING for lawreader Nine KBA discipline rulings...
Jeffersonville, Ind. Attn. Karl Truman to Appeal Riverboat Casino Jones Act Ruling
Posted on November 26, 2008Nov. 26, 2008 The Indiana Court of Appeals has rejected a former casino dealer?s attempt to seek compensation under federal maritime law for alleged injuries she suffered while working aboard the Harrison County riverboat near Louisville. The court said the dealer doesn?t qualify as a maritime worker, and therefore isn?t entitled to enhanced coverage under the Jones [...
New Jersey Sup. Ct. Rejects Tropicana Casino Appeal
Posted on November 25, 2008Nov. 25, 2008 - Columbia Sussex of Kenton County, owner of the Tropicana Casino in Atlantic City, lost their gaming license after the commission objected to actions taken by President William Yung III. The company appealed the Commission?s ruling to the New Jersey Supreme Court and cited numerous changes including the firing of William Yung in [...
Gov.?s Criminal Justice Reform Commission Issues Preliminary Report
Posted on November 25, 2008Nov. 25, 2008 - FRANKFORT ? A panel of experts is giving Gov. Steve Beshear more than 50 ideas for cutting the state’s swollen prison and jail population. One of the ideas could be controversial, such as reducing the charge for possession of less than an ounce of cocaine from a felony to a misdemeanor...
KBA Board Gives Bar President Barbara Bonar 15 days to respond to a Ethics report and opinion prepared by Robert F. Houlihan, Jr..
Posted on November 25, 2008Nov. 25, 2008 Houlihan was asked by the KBA board to investigate whether Bonar abused her power in removing four members from the associations ethics committee before their terms expired and whether she was candid with the board about the reasons for the removals according to board members who were cited as sources by the Louisville [...
Gov. Beshear extends hand to Sen. Williams and Republican legislators
Posted on November 23, 2008Campaigns are over; working across party lines must begin By Governor Steve Beshear Nov. 22, 2008 To many people, it must have been a remarkable picture. After months of bitter and often rancorous campaigning, President-elect Barack Obama sat next to Sen...
Court of Appeals releases l3 decisions Nov. 21 ? LawReader provides keywords and synopsis for each decision.
Posted on November 21, 2008LawReader subscribers can access this material at: COURT OF APPEALS DECISIONS FOR NOVEMBER 21, 2008 Non-subscribers can sign up for only $34.95 a month, at SIGN UP - PRICING for lawreader, and in addition to Weekly Decisions you will have access to all LawReader resources...
State court allows online law school grad to take bar exam ? Requirement for graduation from accredited law school being reviewed by ABA
Posted on November 21, 2008Nov. 21, 2008 BOSTON ? The state supreme court has ordered that a graduate of an online law school be allowed to take the bar exam. Ross Mitchell of West Newton sued the Board of Bar Examiners for preventing him from taking the exam because he does not have a degree from a law school accredited by [...
Gov. reveals 50% increase in budget deficit - Plans special session
Posted on November 21, 2008Nov. 22 FRANKFORT ?The state?s projected budget shortfall has been upgraded in predictions by economists to $456.1 million. That represents a 5.1 percent decline in the $8.9 billion of revenue that was expected in the current budget. The group of economists, known as the Consensus Forecasting Group, also projected a $104...
Angry Bengals Fan?? Arrested by FBI over bomb threat on Paul Brown Stadium
Posted on November 21, 2008Stadium CINCINNATI — FBI officials said Friday they arrested a man who allegedly threatened to blow up Paul Brown Stadium, other area landmarks and the Denver International Airport. Frederick Purvis, 42, of Hamilton, Ohio, is accused of sending e-mails to two local media outlets and to the FBI threatening the football stadium, four bridges over the Ohio [...
Governor Beshear unveils state?s first-ever comprehensive energy plan
Posted on November 20, 2008Plan strives for 20 percent cut in greenhouse gas emissions; increased coal research; and creation of 40,000 jobs in the energy sector FRANKFORT, Ky. ? Proclaiming Kentucky?s place as a national leader, Gov. Steve Beshear was joined today by Energy and Environment Cabinet Sec...
Gov. Beshear Proposes State Pension Board Changes
Posted on November 20, 2008Nov. 20, 2008 FRANKFORT ? Gov. Steve Beshear recommended on Thursday adding more people with investment experience to the boards governing the state?s pension systems and regulation tweaks that would allow the state to diversify its investment portfolios...
Texas Prosecutor behaves strangely after obtaining indictments for Vice President Cheney and former Attn. General Alberto Gonzales
Posted on November 20, 2008Nov. 20, 2008 RAYMONDVILLE, Texas ? A Texas judge has set a Friday arraignment for Vice President Dick Cheney, former U.S. Attorney General Alberto Gonzales and others named in indictments accusing them of responsibility for prisoner abuse in a federal detention center...
Case from the past?interesting dissent re: search and seizure exceptions
Posted on November 19, 2008We ran across this case from a Dissent by Justice Osborne dated 1972. It discusses the length that courts are taking to apply exceptions to search and seizure rules. Com., Dept. of Public Safety v. Hayden, 484 S.W.2d 97 (Ky., 1972) OSBORNE, Justice dissenting: ?Many thoughtful persons are concerned with what appears to be a headlong rush into [...
Minnesota Congresswoman who called for the press to investigate Congress to expose the members who were ?un-American? was re-elected
Posted on November 19, 2008We didn?t see the election results on TV regarding Michele M. Bachmann,the Minnesota Congresswoman who called for the press to investigate Congress to expose the members who were ?un-American?. Her controversial comments made on MSNBC?s Chris Matthews show resulted in $1 million dollars in campaign contributions being made to her opponent Elwyn Tinklenberg within the [...
3rd. Circuit considers questions having broad impact on criminal sentencing and habeas corpus - can a Federal judge order prosecutor to reoffer a plea agreement not revealed to defendant by his attorney?
Posted on November 18, 2008Shannon P. Duffy The Legal Intelligencer November 18, 2008 - In a pair of en banc arguments on Wednesday, the 3rd U.S. Circuit Court of Appeals will tackle questions that could have a broad impact on how appellate courts review criminal sentences and on the scope of the federal courts’ powers in granting relief in habeas [...
Chief Justice addresses Legislative Committee re: problems facing the Judiciary
Posted on November 18, 2008On Tuesday, Nov. 18, Chief Justice of Kentucky John D. Minton Jr. lead the entire Supreme Court to a meeting of the Interim Joint Committee on the Judiciary in Frankfort. He discussed the problems of the Judiciary in facing a fast growing caseload at a time of less money being available to the Judiciary to handle the problem [...
Vote Counting in Kenton State Senate Race May End in Court Challenge
Posted on November 17, 2008Losing candidate Kathy Groop says she is considering a court challenge to the election. Sen. Westwood currently holds about a 1000 vote lead after the re-canvass. Sen. Jack Westwood Admits On WKRC TV his own straight ticket republican vote registered for Barack Obama...
Sixth Circuit Sends Coffee Beanery Franchisees to Court
Posted on November 17, 2008By Janet Sparks 2008/11/17 Blue Maumau Franchising Magazine ANN ARBOR, Michigan (Blue MauMau) - The Sixth Circuit Court handed down its amended opinion Friday in the ongoing litigation between the Coffee Beanery and franchisees WW, LLC, under Richard Welshans and Deborah Williams...
Congress may consider legislation to limit mandatory arbitration for consumers and workers
Posted on November 17, 2008Nov. 18, 2008 Michael LeRoy, a professor of law and of labor and employment relations at the Univ. of Illinois, says Democratic Party control in Washington could restore lawsuits as an option for workers and consumers now forced to settle disputes through mandatory arbitration that gives employers and businesses an unfair edge CHAMPAIGN, Ill...
Chief Justice John Minton to meet with Interim Joint Committee on the Judiciary Nov. 18th.
Posted on November 17, 2008FRANKFORT, Ky. – Chief Justice of Kentucky John D. Minton Jr. will discuss the state of the judiciary when he speaks before the Interim Joint Committee on the Judiciary on Tuesday, Nov. 18. The committee will meet at 10 a.m. in room 171 of the Capitol Annex in Frankfort...
Gov. Beshear says he will allow the Chapman execution this friday proceed
Posted on November 17, 2008Nov. 18, 2008 Marco Chapman was convicted in the Boone Circuit Court for murders of two children in Gallatin County. He requested the death penalty. He has fired his public defenders and had not taken a Federal appeal. Several competence evaluations have been conducted and all found him competent...
The U.S. Supreme Court has accepted five new appeals for review: Campaign finance, judicial recusal, and three criminal law cases
Posted on November 14, 2008Nov. 14, 2008 A challenge to a campaign finance law from a conservative group that made a movie critical of Sen. Hillary Rodham Clinton in connection with her presidential campaign. Citizens United says the movie and ads promoting it are not campaign-related and do not have to comply with campaign finance rules...
Court of Appeals issues l9 decisions for Nov. 14?are you keeping current in the law?
Posted on November 14, 2008The Kentucky Court of Appeals issued l9 decisions on Friday Nov. 14t. Two were ordered to be published. LawReader subscribers can read a synopsis and the full text of each decision by going to: COURT OF APPEAL DECISIONS FOR NOV. 14, 2008 Non-subscribers can sign up for only $34...
Late Republican Judge Becker excoriated Justice Scalia on ERISA ruling for providing immunity to health insurers and other corporate law-breakers
Posted on November 13, 2008Rebalancing the scales of justice - Obama must stop the supreme court from providing immunity to health insurers and other corporate law-breakers Simon Lazarus and Ian Millhiser guardian.co.uk, Thursday November 13 2008 18.00 GMT Article history Fourteen years ago, a single mother named Ann Dunham began a long, ultimately unsuccessful battle with cancer ? and a simultaneous war with [...
Gov. signs order to allow some electric vehicle on some roads
Posted on November 12, 2008Transportation Secretary signs order to permit registration, titling of alternative electric vehicles - Governor directs action to allow use of some electric vehicles on certain roads FRANKFORT, Ky. ? An administrative order signed by Kentucky Transportation Secretary Joe Prather allows ?alternative electric vehicles? to be registered and titled for the first time in Kentucky...
Vehicle Enforcement DUI arrest in Hodgenville includes very strange procedures?.
Posted on November 11, 2008LawReader received the following DUI story from Hodgenville from a reliable source. We have slightly edited this story to make it more readable but have not changed any of the facts reported. We have invited Vehicle Enforcement in Frankfort to respond...
U.S. Sup. Ct. to rule on admissibility of Forensic Law Evidence by certification in light of confrontation clause
Posted on November 11, 2008By ADAM LIPTAK The New York Times - November 10, 2008 WASHINGTON ? The Supreme Court heard arguments on Monday in a case that could have broad implications for how prosecutors present evidence from crime laboratories at trial. Many states allow reports from crime laboratories to be submitted to juries through written certifications rather than live [...
U.S. Supreme Court to decide if loophole in Federal domestic violence Law allows abusers to keep their guns
Posted on November 11, 2008By David G. Savage La Times - November 11, 2008 Reporting from Washington — Thousands convicted of a misdemeanor for threatening or assaulting a spouse or girlfriend could once again own guns because of a flaw in the federal law. That prospect grew more likely Monday after the Supreme Court gave a skeptical hearing to a [...
New Ky. laws prohibit police and prosecutors from forcing sexual abuse victim to take polygraph
Posted on November 10, 2008Four new statutes adopted in the 2008 session of the Ky. General Assembly prohibit prosecutors, sheriff?s, county police officers, KSP officers, and local police officers from requesting or requiring a victim of an alleged sexual offense to submit to a polygraph as a condition for proceeding with the investigation...
Sixth Circuit Court of Appeals Announces several vacancies for Attorneys ? Pay increases for appointed defense attorneys
Posted on November 09, 2008Vacancy Announcement The U.S. Court of Appeals for the Sixth Circuit, Office of the Clerk is accepting applications to fill the position of Senior Motions Attorney. More Information Public Notice - Reappointment The current term of Federal Public Defender Raymond Kent is due to expire on February 13, 2009...
Retired Judges Mediation & Arbitration Service extend services to include Mediation of Criminal Cases.
Posted on November 09, 2008Retired Judge Stan Billingsley recently participated in a successful felony mediation as a mediator with Retired Judges Mediation & Arbitration Service, a Louisville group made up of retired judges and associates. Retired Judges Mediation service offers their services throughout the state...
President Obama expected to move quickly on filling some 48 Federal Judgeship vacancies
Posted on November 09, 2008President-elect Obama will enter office with an immediate opportunity to begin shaping the federal courts by filling four dozen openings on trial and appeals courts. Public attention typically is focused on the Supreme Court, where five justices are older than 70...
Gov.?s Criminal Justice Council studies proposals for change?
Posted on November 07, 2008John Cheves of Polwatchers reported the progress of the Criminal Justice Council Nov. 8, 2008. The Kentucky Criminal Justice Council appointed by Gov. Steve Beshear has been debating ways to reduce the state’s swollen inmate population in prisons and local jails without endangering public safety...
Ky. Ct. of Appeals Releases 24 opinions for Nov. 7th.
Posted on November 07, 2008LawReader subscribers can log on to read the full text and a synopsis of these important rulings. If you wish to stay current in the latest rulings on important issues you should join LawReader. Subscribers can see these rulings at: COURT OF APPEALS DECISIONS FOR NOV...
Ky. Attn. General Election Fraud Hotline receives 292 complaints
Posted on November 06, 2008Nov. 6, 2008 Attorney General Jack Conway announced today that his Election Fraud Hotline received 271 calls from 50 counties between 6 a.m. and 7 p.m. (EST) during the General Election on Tuesday, November 4. This is the most calls ever received on Election Day...
Ky. Assoc. of Criminal Defense Lawyers hosting Seminar this Friday near Louisville
Posted on November 05, 200822nd. kacdl Annual Criminal Defense Law Conference & Seminar Nov. 7, 2008 Ky. Association of Criminal Defense Lawyers are holding their 22nd. Annual Conference and Seminar at the Horseshoe Casino across the Ohio River from Louisville starting this Friday morning...
Who won the Election Predictions?.Billingsley or Al Cross?
Posted on November 05, 2008By Stan Billingsley Nov. 5, 2008 On Sunday Nov. 2nd. At a luncheon in Louisville on Nov. 2nd. I made an election prediction and called on Al Cross to make one. I called it an Obama win with 350 electoral votes. Cross called for an Obama win with 374 electoral votes...
Recount may affect outcome of Kenton Senate Race between Goob and Westwood
Posted on November 05, 2008Kenton Circuit Judge Patricia Summe ruled this morning that ballots cast in voting machines that malfunctioned on Tuesday can now be counted. Jude Summe made the ruling after a hearing on Wednesday morning. Voting machines in 76 precincts in Kenton County failed to properly register straight party ticket votes, according to Kenton County Clerk Rodney Eldridge...
Who won this election prediction?.Stan Billingsley or Al Cross?
Posted on November 05, 2008By LawReader Senior Editor Stan Billingsley Nov. 5, 2008 On Sunday Nov. 2nd. At a luncheon in Louisville I made an election prediction and called on journalist Al Cross to make one. I called it an Obama win with 350 electoral votes. Cross called for an Obama win with 374 electoral votes...
Stevens has small lead in Alaska?a victory might provide a path to the Senate for Palin
Posted on November 05, 2008Alaska Senator Ted Stevens, Republican of Alaska, is clinging to a narrow lead over his Democratic challenger despite a recent criminal conviction, it appeared that Mr. Stevens might face a bitter choice: resign his seat even if he wins, or face expulsion...
Coleman leads Al Franken by 727 votes in Minnesota. 2.4 million votes cast?recount likely
Posted on November 05, 2008The Minnesota Sec. of State?s office is reporting that Incumbent Republican Norm Coleman has a lead over Democrat Al Franken by 727 votes. This represents a lead of 727 votes out of 2,421,000 votes cast in the 4130 precincts. This represent 1/6 of a vote per precinct...
Record Voter Turnout in Kentucky
Posted on November 05, 2008(Frankfort, KY) Unofficial results from the 2008 general election indicate that over 1,825,000 people voted in the 2008 general election, setting a new record for voter turnout in Kentucky. The Office of the Secretary of State estimates the turnout percentage to be 63% of the 2...
U.S. Sup. Ct. hears claim against drugmakers- will decide if Fed. Law precludes state tort rights
Posted on November 04, 2008Washington Post Tuesday, November 4, 2008 Diana Levine went to a medical clinic with a severe migraine headache. She wound up with gangrene and an amputated forearm, the victim of a rare side effect from a popular anti-nausea drug. “It’s horrific when you think about it,” said Levine, 63, a professional musician who needs a prosthetic [...
Narragansett Indians take land claim to U.S. Sup. Ct.- Ruling could affect all states - expand gambling
Posted on November 04, 2008Nov. 4, 2008 WASHINGTON ? The Narragansett Indians are entitled to a special trust status that would free 31 acres of tribal land from Rhode Island laws and taxes, a federal lawyer told the U.S. Supreme Court yesterday, but several justices greeted the argument with skeptical questioning...
Police Drug Test Kits Giving False Results for Innocent Items such as chocolate and deodorant
Posted on November 04, 2008Drug Test kits used by almost all police departments and by Federal agents including Customs agents are giving false positive results resulting in the arrest and detention of innocent travelers. The drug test kits use powerful acids that react with the tested substance in a plastic pouch...
BAD ECONOMY CAUSES LARGE INCREASE IN COURT?S CIVIL CASE LOADS
Posted on November 03, 2008By Kim Smith ARIZONA DAILY STAR Tucson, Arizona | Nov. 2, 2008 Lawsuits over unpaid debts and other financial disputes are up 33 and 45 percent, respectively, in Pima County Justice and Superior courts over the past year, in yet another indicator of the economic downturn...
Remember time change this weekend, replace smoke alarm batteries
Posted on October 31, 2008As you prepare to ?fall back? by setting clocks back one hour Sunday to return to standard time, it?s a good time to change the batteries in your smoke alarms, says William Swope, Kentucky State Fire Marshal. ?It?s important to keep a fresh battery in your smoke detector,? said Swope...
Ky. Court of Appeals releases 26 cases on Oct. 31?
Posted on October 31, 2008The Kentucky Court of Appeals released 25 cases on Oct. 31st. Subscribers to LawReader can read the full text of these decisions and a synopsis by going to: COURT OF APPEALS DECISIONS FOR OCT. 31, 2008 Non members can sign up at ?SIGN UP - PRICING for lawreader?...
Sec. of State Trey Grayson Lists Election Do?s and Don?ts List for Nov. 4th.
Posted on October 31, 2008Frankfort, KY) With just a few days before the November 4, 2008 election, Secretary of State Trey Grayson released, today, an election ?Dos and Don?ts? list for Kentucky voters. The list is designed to help voters understand Kentucky?s election process and to inform them of helpful hints before they go to the polls on election [...
Shake outraises Abramson in states most important Judicial Race
Posted on October 30, 2008Mark Hebert of WHAS11 reports that Jefferson Circuit Judge Jim Shake has outraised Supreme Court Justice Lisabeth Abramson in their Supreme Court race Nov. 4th. ?The latest reports filed with the Kentucky Registry of Election Finance shows Shake raised $43,000 over the first two-and-a-half weeks of October, compared to Abramson’s $17,000...
Poll show McConnell with 5 point lead over Lunsford
Posted on October 30, 2008U.S. Sen. Mitch McConnell holds a five point lead over Democrat Bruce Lunsford in the closing days of the election, according to the latest Courier-Journal Bluegrass Poll. The telephone survey of 817 likely voters was taken Oct. 27-29 and has a margin of error of plus or minus 3...
Ky. Court of Appeals releases 28 important decisions?
Posted on October 30, 2008The Kentucky Court of Appeals released 28 important cases on Friday. LawReader Subscribers can read a synopsis and the full text of each decision by going to COURT OF APPEALS DECISIONS FOR OCT. 24, 2008 . Non subscriber?s can sign up for LawReader at www...
Ky. Supreme Court Releases 40 important cases?
Posted on October 30, 2008The Kentucky Supreme Court has released 40 decisions for October. LawReader subscribers can read a synopsis and the full text of each of these decisions by going to KENTUCKY SUPREME COURT OPINIONS FOR OCTOBER 2008 Non members can subscribe at www...
See compilation and links to latest election polls?.
Posted on October 30, 2008USA Election Polls National Head to Head Polls Election: McCain vs. Obama Poll Date Sample MoE Obama (D) McCain (R) Spread RCP Average 10/22 - 10/29 – – 50.0 43.8 Obama +6.2 Reuters/C-SPAN/Zogby 10/27 - 10/29 1179 LV 2...
The McConnell campaign may have made a serious mistake by complaining about Lunsford handling of a recording device. McConnell campaign worker could end up facing a felony charge for eavesdropping in violation of KRS 526.020
Posted on October 29, 2008Oct. 29, 2008 A Marshall County Grand Jury will hear evidence on Nov. 7th. about a controversy over a digital recording device that erupted after last week?s debate between candidates in the Kentucky U.S. Senate race. This investigation launched at the request of the McConnell campaign may boomerang and could result in prosecution of a [...
Mark Carey wins Federal Ruling to allow Judicial Candidates to express party affilitation and stands on controversial issues
Posted on October 28, 2008Mark Carey, a former candidate for the Ky. Supreme Court has won a decision in federal court that would repeal provisions of the Judicial Conduct Code and allow judges and judicial candidates to name their party affiliation and express their views on controversial topics like abortion...
NASA Selects Kentucky Spacecraft for 2009 Mission ? To be Launched in 2009
Posted on October 28, 2008FRANKFORT, Ky.?Kentucky Space today announced that its first orbital satellite, KySat-1, has been selected by NASA to fly on a mission projected for launch in mid-2009. The selection of KySat-1 comes after a rigorous national review process by the NASA Launch Services Program of the Flight Projects Office at Kennedy Space Center...
States make uneven progress in reducing dna test backlog
Posted on October 27, 2008New York Times article Oct. 26, 2008: LOS ANGELES ? Local and state law enforcement agencies have made uneven progress in reducing a nationwide backlog of cases awaiting DNA analysis over the past four years, according to reports filed by more than 100 agencies with the National Institute of Justice...
Ky. Supreme Court once again sends message to Trial Judges and Attorneys to do a better job on jury instructions -
Posted on October 27, 2008Oct. 27, 2008 In the case of Wilbert Harp v. Commonwealth - an unpublished Decision out of Jefferson Circuit Court released on Oct. 23, 2008. 2007-SC-000288-MR.pdf The court said: “[w]hen the evidence is sufficient to support multiple counts of the same offense, the jury instructions must be tailored to the testimony in order to differentiate each count [...
Ky. Commission on Human Rights Issues Latest Rulings
Posted on October 23, 2008LOUISVILLE ? The Kentucky Commission on Human Rights Board of Commissioners at its monthly meeting today ruled to accept two conciliation agreements to resolve discrimination complaints, both in Louisville. The commission dismissed 39 cases with findings of no probable cause, accepted four withdrawals with private, undisclosed settlements, and accepted eight withdrawals without settlements but with [...
Hart County Judicial Center to be dedicated Oct. 30
Posted on October 23, 2008FRANKFORT, Ky. — The public is invited to a dedication ceremony for the Hart County Judicial Center on Thursday, Oct. 30, at 11 a.m. CDT at 117 E. South St. in Munfordville. ?The Hart County Judicial Center will greatly enhance the security of our court system,? Hart County Judge Executive Terry Martin said...
Fen Phen Defendant William J. Gallion agrees to permanent disbarment
Posted on October 23, 2008Fen Phen Defendant William J. Gallion was permitted to withdrawn his membership in Ky. Bar Association. On Thursday Oct. 23rd. the Ky. Supreme Court issued an order approving the KBA recommendation. As condition for allowing Gallion to withdraw from the Bar, he agreed to never apply for reinstatement, and to pay all costs associated with these [...
Supreme Court takes on identity theft case
Posted on October 22, 2008By MARK SHERMAN ? Oct. 21, 2008 WASHINGTON (AP) ? The Supreme Court is taking a look at federal prosecutors’ efforts to pin identity theft charges on undocumented foreign workers who have Social Security and identification numbers that belong to others...
U.S. Supreme Court: When Does Citizen Have the Right to Sue for Violations of Constitutional and Statutory Rights
Posted on October 22, 2008The Supreme Court Puts Ideology Aside in Deciding a Small But Important Ohio Election Case that Could Affect the 2008 Presidential Election By MICHAEL C. DORF Findlaw - Oct. 21, 2008 During his confirmation hearings for the Supreme Court, then-Judge and now-Chief Justice John Roberts likened the judicial role to that of an umpire calling [...
SurveyUSA: Ky. Senate race tied
Posted on October 21, 2008In last year?s governor?s race the SurveyUSA poll was the most accurate poll released. In a poll released Oct. 20th. they are saying the race is dead even. Democrat Bruce Lunsford has pulled even with Senate Republican Leader Mitch McConnell in a new poll conducted by SurveyUSA for WHAS-TV in Louisville...
New Poll shows Lunsford closing on McConnell - McCain increases lead in Ky.
Posted on October 20, 2008Research 2000 for Daily Kos. 10/15-16. Likely voters. MoE 4% (9/15-17 results) McConnell (R) 46 Lunsford (D) 42 Stunning. That’s a 9-point swing in a month, with McConnell now falling well below the magical 50 percent mark. Lunsford’s gains come among Democrats (12-point gain) and independents (10-point gain)...
FAMILY COURT JUDICIAL RACES -18TH. Judicial Dist.
Posted on October 20, 2008Family Court Judicial Races 18th. Judicial Dist. Name / Address Office District/ Division Raymond S. Bogucki PO Box 266 Mt. Olivet, KY 41064 Circuit Judge Family Court 18th/2nd Donald A. Bromagen 1320 Walnut Grove Road Carlisle, KY 40311 Circuit Judge Family Court 18th/2nd Peter Newberry 1217 Criswell Road Berry, KY 41003 Circuit Judge Family Court 18th/2nd Barbara Paul 965 Morgan Hightower Road Falmouth, KY 41040 Circuit Judge Family Court 18th/2nd
See all candidates for contested Judicial races on Nov. 4th. ballot
Posted on October 20, 2008JUDICIAL RACES: Scroll down to see candidates in all contested judicial races: SUPREME COURT CONTESTED RACES Name / Running Mate Address Office District/Division Daniel J. Venters PO Box 1749 Somerset, KY 42502 Justice of the Supreme Court 3rd Leonard H...
New Federal Wiretap Law Granting Phone Companies Retroactive Immunity Challenged in Court
Posted on October 19, 2008Bob Egelko, San Francisco Chronicle October 18, 2008 Civil liberties groups started a legal challenge Friday to the new federal law designed to dismiss their wiretapping suits against telecommunications companies, saying the statute violates phone customers’ constitutional rights and tramples on judicial authority...
Bush Administration rushing through new regs. to allow dumping of mine waste into streams
Posted on October 18, 2008The Interior Department has advanced proposed regulations that would ease restrictions on dumping mountaintop mining waste near streams. Environmental groups will probably sue to block the change if the administration finalizes it. The department’s Office of Surface Mining issued a final environmental impact analysis Friday on the proposed rule change, which has been under consideration for [...
The Ky. Court of Appeals on Friday, adopted new legal doctrine on jurisdiction for modification of child support order, also they discuss in detail duties of insurance adjusters and attorneys, plus they review the Wells DUI case which said a sleeping driver was not in physical control?and they dismiss writ of forcible detrainer obtained by non-lawyer representing his own LLC.
Posted on October 17, 2008The Ky. Court of Appeals on Friday, adopted new legal doctrine on jurisdiction for modification of child support order, also they discuss in detail duties of insurance adjusters and attorneys, plus they review the Wells DUI case which said a sleeping driver was not in physical control?and they dismiss writ of forcible detrainer obtained by [...
Iowa Supreme Court: Postpartum depression should have been presented in murder trial
Posted on October 17, 2008Iowa woman convicted of second-degree murder in the 1998 drowning death of her infant son will have new day in court By Lynda Waddington 10/17/08 An Iowa Supreme Court decision handed down today confirms that legal counsel for Heidi Anfinson was ineffective for not presenting evidence and investigating Anfinson?s claims of postpartum depression...
Justices Rule Against Ohio G.O.P. in Voting Case re: voter registration
Posted on October 17, 2008By ADAM LIPTAK and IAN URBINA New York Times - October 17, 2008 WASHINGTON ? The Supreme Court on Friday overturned a lower court?s order requiring state officials in Ohio to supply information that would have made it easier to challenge prospective voters...
OHIO RULING MAY FORCE DISMISSAL OF THOUSANDS OF ABESTOS CLAIMS
Posted on October 16, 2008By JULIE CARR SMYTH- AP Published on Wednesday Oct 15, 2008 The Ohio Supreme Court ruled Wednesday that a 2004 law making it more difficult to seek damages for asbestos-related deaths and illnesses can constitutionally be applied to cases that were in the pipeline before the law went into effect...
?Joe the plumber? , focus of Presidential Debate, isn?t plumber, doesn?t earn near the $250,000 level that might cause a rise in his taxes, and doesn?t disclose who he will vote for?
Posted on October 16, 2008By LARRY VELLEQUETTE and TOM TROY Tolego BLADE STAFF WRITERS “Joe the Plumber” isn?t a plumber ? at least not a licensed one, or a registered one. A check of state and local licensing agencies in Ohio and Michigan shows no plumbing licenses under Samuel Joseph Wurzelbacher?s name, or even misspellings of his name...
CA. APPEALS COURT DECISION SAYS DOMESTIC VIOLENCE LAWS VIOLATE MEN?S RIGHTS BECAUSE THEY PROVIDE STATE FUNDING ONLY FOR WOMEN AND THEIR CHILDREN
Posted on October 16, 2008Bob Egelko, San Francisco Chronicle Thursday, October 16, 2008 (10-15) SACRAMENTO — California domestic violence laws violate men’s rights because they provide state funding only for women and their children who use shelters and other programs, a state appeals court has ruled...
U.S. Sup. Ct. hears case on qualified immunity of public officials
Posted on October 15, 2008What do public school principals and teachers share in common with the average police officer on the street? The answer is an interest in the body of law concerning official immunity from liability in lawsuits that challenge their actions. The police are sometimes sued personally by criminals or suspects over charges of the alleged deprivation of [...
BLOOD TESTS MUST BE AUTHORIZED BY A PHYSICIAN -nurses who take blood test without prescription face prosecution
Posted on October 15, 2008By LawReader Senior Editor Stan Billingsley Oct. 15, 2008- Kentucky DUI law has been expanded by court rulings (Mitchell v. Com.) that allow EMT personnel in some instances to take a blood sample from a defendant charged with DUI. In common practice, police also take defendants to hospitals and the nursing staff frequently takes a blood [...
Kenton Commonwealth Attorney Rob Sanders appointed Special Prosecutor in Steve Henry Case
Posted on October 15, 2008Mark Hebert has reported on WHAS.com on Wed, Oct 15, 2008 that Special Prosecutor Jim Crawford of Carrollton, had withdrawn from his appointment to investigate allegations of campaign contribution irregularities in the Steve Henry Gubernatorial race...
Ten reasons you aren?t a millionaire?.
Posted on October 14, 2008(We also suggest that one reason might be that you use a high priced legal research source instead of the resonably priced LawReader??.sames cases, lower price!?) By Jeffrey Strain aol.com Many people assume they aren’t rich because they don’t earn enough money...
10 Reasons You Aren?t Rich?
Posted on October 14, 2008We also suggest that one reason might be that you use a high priced legal research source instead of the resonably priced LawReader??.sames cases, lower price!? By Jeffrey Strain aol.com Many people assume they aren’t rich because they don’t earn enough money...
Head Texas Appellate Judge says colleague has no right to file a dissent
Posted on October 14, 2008Dissent blocked in DeLay case, justice says. Accusation is latest twist in already political legal battle. By Laylan Copelin AMERICAN-STATESMAN STAFF Tuesday, October 14, 2008 A 3rd Court of Appeals justice is accusing Chief Justice Ken Law of refusing to file her dissent in a politically charged case involving two associates of former U...
Volkswagen Wins U.S. 5th. Circuit Court of Appeals Ruling Limiting Venue in Product Liability case
Posted on October 14, 2008By Susan Decker and William McQuillen Oct. 13 (Bloomberg) — Volkswagen AG won a U.S. appeals court ruling that sets new guidelines on where it can be sued over allegations of defective parts, a decision that also could limit patent lawsuits in an east Texas town...
England?s 50 Highest Paid Lawyers?see what they make and how.
Posted on October 14, 2008Are top lawyers worth their huge fees? The Sunday Times of London, England July 13, 2008 Their bills are astronomical, but what?s a few million here if it saves more money there? These days an expensive lawyer is a necessity ? not a luxury ? especially if you?re visiting the divorce courts...
U.S. Supreme Court to rule if police informant acting as gov. agent can let in police to search residence without warrant
Posted on October 14, 2008By Thomas Burr The Salt Lake Tribune 10/14/2008 WASHINGTON - Salt Lake City attorney Peter Stirba argued before the U.S. Supreme Court on Tuesday that an informant working for the police is a government agent and, when invited into a home, can let in law-enforcement officers even if they don’t have a warrant...
The late Justice McAnulty will be honored at portrait dedication Oct. 15 at the Capitol
Posted on October 14, 2008FRANKFORT, Ky., Oct. 8, 2008 - The Supreme Court of Kentucky will honor the late Justice William E. McAnulty Jr. at a portrait dedication ceremony at 2 p.m. Wednesday, Oct. 15, in the Supreme Court chambers on the second floor of the Capitol in Frankfort...
Lexington overtime pay mediation means $2.1 million for lawyers
Posted on October 14, 2008A lawsuit in Federal Court in Lexington has been successfully mediated. The suit involved an overtime pay dispute for Fayette County Detention Center officials. The plaintiff?s lawyers, Miller, Griffin & Marks will receive about 40% of the total fee and attorneys of Wyatt, Trarrant & Combs who represented the city will receive 60% of the [...
Court records storage remains a problem in some counties
Posted on October 13, 2008Old records are piling up in Kentucky courthouses By Joe Biesk Associated Press Oct. 13, 2008 LAWRENCEBURG ? Only a few shelves are empty in one of Anderson County’s two cramped records vaults. Both sides of a nearby hallway are crowded with filing cabinets, leaving a narrow path to get by...
Pinched for cash? Isn?t it time to give LawReader a test? We only charge $34.95 a month for everything.
Posted on October 13, 2008Are office expenses bleeding you dry? Has your 401-K gone over the Rainbow to see Dorothy and Toto? Why don?t you give LawReader a chance! Did you know that one of the largest law firms in the state uses LawReader? Many of the most successful personal injury firms use LawReader...
Professor Barry Eichengreen says strong action should be taken to stop the financial crisis from getting worse.
Posted on October 10, 2008Barry Eichengreen is George C. Pardee and Helen N. Pardee Professor of Economics and Political Science at the University of California, BERKELEY, California (CNN) — Every time the economy and stock market turn down, financial historians get predictable calls from reporters...
Those who know ?Beau? Bolus of the Haddad Law Office in Louisville are not surprised he scored a $9.89 million dollar Med Mal verdict in Fayette County
Posted on October 10, 2008A large medical malpractice verdict is increasingly a rare thing to witness. Juries often demonstrate their bias against lawsuits by being parsimonious in writing checks to plaintiffs. Occasionally however, a case with merit is presented by an attorney who has done his home work, and is able to get past the lawsuit prejudice of the [...
Don McNay on: Machiavelli and the current Economic Crisis
Posted on October 10, 2008Come on baby, don?t fear the reaper. -Blue Oyster Cult I wish one of our economic leaders had been a political science major. George Bush has an MBA from Harvard. Henry Paulson has an MBA from Harvard. Ben Bernanke graduated from Harvard before became he became a Princeton professor...
Chief Justice Minton announces improvements to judicial center program
Posted on October 10, 2008Oct 10, 2008 Frankfort, Ky. — Chief Justice of Kentucky John D. Minton Jr. discussed improvements to the Administrative Office of the Courts judicial center construction program at the Friday, Oct. 3, meeting of the Court Facilities Standards Committee in Frankfort...
Two important Ky. criminal cases just released?dui and prosecutorial misconduct
Posted on October 10, 2008Every week lawreader publishes a synopsis of every ky. appellate case. only subscribers may access this valuable material….members can read more about these two important criminal cases just released….. Oct. 10- important Cases on Lawreader: No...
In oral arguments U.S. Sup. Court sympathetic to worker?s discrimination retaliation claims
Posted on October 09, 2008By MARK SHERMAN ? 1 day ago WASHINGTON (AP) ? Supreme Court justices indicated Wednesday they would side with a longtime government worker who claims she was fired in retaliation after she cooperated with a sexual harassment investigation. The court wrestled with whether the anti-retaliation provisions of a landmark civil rights law apply to people who haven’t [...
Fayette County, usually a dead zone for Medical Malpractice verdicts, awards $9.89 million due to surgery that went bad
Posted on October 09, 2008This article was published on Herald-Leader.com By Brandon Ortiz A $9.89 million civil verdict was returned Wednesday in a lawsuit filed by a Lexington hairdresser who became paraplegic after a routine heart surgery. A Fayette Circuit Court jury assigned 31 percent of fault ? or $3,057,894...
Ga. Supreme Court backs vaccine suit in autism case
Posted on October 08, 2008Ga. Supreme Court Backs Vaccine Suit in Autism Case Conflicting with courts around the U.S., state Supreme Court says Congress didn’t intend to ‘pre-empt all design defect claims’ R. Robin McDonald Fulton County Daily Report October 7, 2008 The Supreme Court of Georgia on Monday upheld a state appeals court ruling that could open the door to product [...
Geoprgia Supreme Court Backs Vaccine Suit in Autism Case
Posted on October 08, 2008Conflicting with courts around the U.S., state Supreme Court says Congress didn’t intend to ‘pre-empt all design defect claims’ R. Robin McDonald Fulton County Daily Report October 7, 2008 The Supreme Court of Georgia on Monday upheld a state appeals court ruling that could open the door to product liability claims against vaccine manufacturers by the parents [...
Ky. State Government?s E-Transparency Web Site Goes Online
Posted on October 08, 2008Monday, October 06, 2008 Public asked for their input on ?Kentucky?s Open Door? test site FRANKFORT, Ky. ? A mockup of Kentucky?s first e-Transparency Web site is now online and members of the public are being asked to make comments on its design...
Court of Appeals to hear oral arguments in Murry on Oct. 14th. - see docket
Posted on October 08, 2008FRANKFORT, Ky. – The Kentucky Court of Appeals will hear oral arguments in two cases Tuesday, Oct. 14, at the Calloway County Judicial Building in Murray. Proceedings will be open to the public. A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Donna L...
U.S. Sup. Ct. to hear arguments on erisa beneficiary designation
Posted on October 08, 2008Mary Alice Robbins Texas Lawyer October 6, 2008 The U.S. Supreme Court will hear arguments Tuesday regarding whether a qualified domestic relations order (QDRO) under the Employee Retirement Income Security Act trumps a woman’s voluntary waiver of her ex-husband’s pension benefits, an issue that has divided federal appeals courts and left divorce lawyers unsure how to [...
Don McNay, Kentucky Financial Counselor comments on what you can do to protect your investments during this crisis
Posted on October 08, 2008don@donmcnay.com “You know you make me want to shout” -Otis Day and the Knights I feel like Kevin Bacon’s character in the movie Animal House. In the last scene of the movie, Bacon [...
More Reasons why Chase Law School should change its name to Abraham Lincoln Law School
Posted on October 05, 2008Editorial by LawReader Senior Editor Stan Billingsley Oct. 5, 2008 “Salmon Chase (April 17, 1741 ? June 19, 1811), was an Associate Justice of the United States Supreme Court and earlier was a signatory to the United States Declaration of Independence as a representative of Maryland...
SPORTS LAW PROFESSOR ANSWERS FIVE KEY QUESTIONS ABOUT O.J. SIMPSON GUILTY VERDICT
Posted on October 05, 2008SI.com legal analyst Michael McCann answers the key questions following the guilty verdict of O.J. Simpson on all 12 counts of armed robbery and kidnapping. Michael McCann is a visiting law professor at Boston College Law School, a law professor at Vermont Law School and the distinguished visiting Hall of Fame Professor of Law at Mississippi [...
Speaker Jody Richards Blasts Williams? Defense of Big Pay Hike For LRC
Posted on October 04, 20087:04 PM Fri, Oct 03, 2008 | Permalink Mark Hebert House Speaker Jody Richards doesn’t pull any punches in lambasting Senate President David Williams for defending the LRC’s $62,000 pay hike for LRC Director Bobby Sherman. (The following quote is from an article posted by WHAS TV reporter Mark Hebert) Here’s Richards’ letter: As a skilled trial lawyer, [...
Chief Justice Minton to discuss judicial center construction program Oct. 3 at Court Facilities Standards Committee meeting
Posted on October 02, 2008FRANKFORT, Ky., Oct. 2, 2008 - Chief Justice of Kentucky John D. Minton Jr. will discuss the Administrative Office of the Courts judicial center construction program at the Friday, Oct. 3, meeting of the Court Facilities Standards Committee (CFSC)...
Attorney General Conway Sues to Stop State?s Inmate Early Release Program
Posted on October 02, 2008Oct. 2, 2008 Attorney General Jack Conway today filed suit in Franklin Circuit Court against the Kentucky Department of Corrections to block the agency from continuing to release prisoners, some of whom are dangerous felons, pursuant to its early release program...
U.S. Supreme Court October term begins Monday, see pending cases?.
Posted on October 02, 2008By John Gramlich, Stateline.org Staff Writer The U.S. Supreme Court on Monday (Oct. 6) begins a new term that so far lacks the controversy of last term?s politically explosive cases on gun control, the death penalty and voter-identification laws, but that still is grabbing the attention of states...
Can a judge create his own independent Drug Court? Controversy rages in Pike County.
Posted on October 02, 2008The following news stories were published this week in the Appalachian News Express, which titles itself ?The Conscience of Eastern Kentucky?. Judge?s program under scrutiny By Russ Cassady, Staff Writer Appalachian News Express ? Pikeville, Ky...
U.S. Attorney, James Zerhusen advocates government?s ?Deceit, deception, lying??
Posted on October 02, 2008Oct. 2, 2008 The U.S. Attorney for Eastern Kentucky, James Zerhusen submitted a brief in the prosecution of road contractor Leonard Lawson and former state Transportation Secretary Bill Nighbert, in which he argued in favor of ?deceit, deception and lying? in dealing with defendants...
Voter Information Resources
Posted on October 01, 2008The State Board of Elections has provided you, the voter, with several resources that are extremely helpful.Information on requesting an Absentee Ballot.Information for holding a Voter Registration Drive.Information for Military and Overseas Citizens...
Remember the Great Depression? It is interesting to review what happened then to understand what can happen today.
Posted on September 30, 2008By Stan Billingsley LawReader Senior Editor Sept. 30, 2008 The following economic tutorial shows that in the run up to the Great Depression of the 1930?s we had many of the same conditions we are seeing now in our economy. The number one issue then was loss of liquidity in the credit markets...
Congress considers allowing Supreme Court Appeals to members of U.S. Military Convicted of Crimes
Posted on September 30, 2008by Dan Slater September 30, 2008 Wall St. Journal blog Under what circumstances should military members who?ve been convicted of crimes be allowed to file cert petitions with the Supreme Court? That issue ? largely upstaged by the congressional vagaries on a certain bailout bill ? is now going to the Senate, reports the NLJ...
House Rejects Bailout Package, 228-205
Posted on September 29, 2008In a moment of historic drama in the Capitol and on Wall Street, the House of Representatives voted on Monday to reject a $700 billion rescue of the financial industry. Attempts are being discussed to attempt another vote likely to come early next week.
October term of U.S. Supreme Court term set to begin
Posted on September 29, 2008Court may hear cases on federal preemption of local zoning laws, employment discrimination, search and seizure and sentencing KIMBERLY ATKINS Lawyers USA September 29, 2008 WASHINGTON ? The U.S. Supreme Court could decide Monday whether it will hear Baltimore County?s appeal of a lower court ruling that the county violated the federal Natural Gas Act by banning [...
Are you familiar with the legal term EJUSDEM GENERIS?this may be useful someday.
Posted on September 28, 2008There are hundreds of legal terms defined and discussed in LawReaders DOCTRINES & RULES LawReader subscribers can find this resource on the left hand column of the home page. One of the rules discussed is Ejusdem Generis: Gries v. Louisville-Jefferson County Metropolitan Government, No...
Bailout bill advances - See current draft
Posted on September 28, 2008The federal government would provide as much as $700 billion in a far-reaching plan to rescue the nation’s troubled financial system, according to a bill posted online by Democratic lawmakers. House Speaker Nancy Pelosi said she hopes the House will take up the bill on Monday...
Police charge flatulent DUI suspect for Battery for passing gas and fanning it towards a policeman.
Posted on September 27, 2008We don?t make this stuff up?.. CHARLESTON, West Virginia -(AP) - A West Virginia man accused of passing gas and fanning it toward a police officer no longer faces a battery charge. The Kanawha County prosecutor’s office requested that the charge be dropped against 34-year-old Jose Cruz...
Survey USA poll on Kentucky Senate Race - Another poll shows dead heat
Posted on September 27, 2008Sept. 28- 3:00 p.m. ? LawReader has just learned from a source very close to the Lunsford campaign that a poll will be published Sunday Sept. 29 showing a dead heat in the Kentucky senatorial election. Week of Sept. 24- Dramatic Shift in McConnell’s KY Senate Re-Elect; Women, Voters Focused on Economy, Move to Democrat Lunsford: 42 days until votes [...
Conservative judges fault Scalia opinion on guns
Posted on September 27, 2008WASHINGTON (AP) ? Supreme Court Justice Antonin Scalia is no stranger to criticism. He gives as good as he gets. But two recent critiques of his opinion in the landmark decision guaranteeing people the right keep guns at home for self-defense are notable because they come from respected fellow conservative federal judges...
New York Times Article Published in 1999 details beginning of housing sub prime problem
Posted on September 26, 2008This article was originally published on September 30, 1999 ?In a move that could help increase home ownership rates among minorities and low-income consumers, the Fannie Mae Corporation is easing the credit requirements on loans that it will purchase from banks and other lenders...
A Second U.S. Supreme Court Justice Opts Out of a Longtime Custom: The ?Certiorari Pool?
Posted on September 26, 2008By ADAM LIPTAK September 25, 2008 WASHINGTON ? Justice Samuel A. Alito Jr. is getting out of the pool. Skip to next paragraph For almost 20 years, eight of the nine justices on the Supreme Court have assigned their law clerks to a shared legal labor pool that streamlines the work of reviewing incoming cases...
Beshear Chief of Staff, Adam Edelen, scores national award as one of top ten young americans
Posted on September 25, 2008FRANKFORT, Ky. ? Gov. Steve Beshear today announced that Adam H. Edelen, his chief of staff, has been named one of the 2008 Ten Outstanding Young Americans by the United States Junior Chamber (Jaycees). The presentation of the 70th annual black-tie awards ceremony will be held Sept...
A Bailout Bill Takes Shape ? See draft of Current Bailout Bill
Posted on September 25, 2008By Steven M. Davidoff - professor at the University of Connecticut School of Law We have obtained a draft of the current version of the Wall Street Bailout Bill that is being considered by Congress. Scope of the Bailout The bill attributed to Mr...
Employment discrimination plaintiffs fare poorly in federal courts
Posted on September 25, 2008LABOR & EMPLOYMENT LAW ? 9/25/08 Employment discrimination plaintiffs fare poorly in federal courts, study finds Newly analyzed data from federal court records show that workers bringing employment discrimination lawsuits increasingly fare poorly in the federal courts, according to a report to be published by the Harvard Law & Policy Review and released September 18, 2008, by [...
If Jim Bunning had been President - Don McNay opines?
Posted on September 25, 2008By Don McNay If I were the king of the world, I?d tell you what I?d do. Hoyt Axton (Three Dog Night) I?ve been watching the economic meltdown and the guy who keeps echoing my thoughts is Kentucky Senator Jim Bunning. That is not normal...
Americans Oppose Mandatory Minimum Sentencing, Will Vote for Candidates Who allow juries to impose sentences
Posted on September 24, 2008FAMM Poll: Sept. 24, 2008 WASHINGTON,, Sept 24, 2008 /PRNewswire-USNewswire via COMTEX/ — A new poll released today by Families Against Mandatory Minimums (FAMM) shows widespread support for ending mandatory minimum sentences for nonviolent offenses and that Americans will vote for candidates who feel the same way...
Deadline Extended for Food Stamp Clients to Apply for Replacement Benefits; Customers have until Oct. 3 to make claim for groceries destroyed after wind storm
Posted on September 24, 2008September 24, 2008 FRANKFORT, Ky. (Sept. 24, 2008) ? Kentuckians who lost perishable groceries purchased with food stamp benefits after the recent wind storm have extra time to apply for replacement benefits. Clients in counties affected by the wind storm whose food was spoiled because of power outages have until Friday, Oct...
Eligible for Justice: Guidelines for Appointing Defense Counsel
Posted on September 22, 2008By The Access to Justice Program ? 09/16/08 Download PDF of Executive Summary Download PDF of Full Report View Recommendations About the Access to Justice Program For more than four decades, the Supreme Court has been clear: the Constitution requires states to provide a lawyer to people facing criminal charges who are unable to afford their own counsel...
Justice Scott Named in Perry County lawsuit claiming Nepotism ? Trial Court has no jurisdiction to rule on this claim. Code of Judicial Conduct permits a judge to make job reccomendations.
Posted on September 22, 2008A fired AOC employee claims in a Perry County lawsuit that Justice Will T. Scott of Pikeville acted ?unethically? in allegedly calling the AOC director, and recommending his son Andrew Scott for a job. We don?t know if Justice Scott made such a recommendation, but even if he did, this does not provide a legal remedy [...
Online help for judges in election lawsuits
Posted on September 19, 2008Sept. 20, 2008 WASHINGTON (AP) ? An unpleasant Election Day scenario: A heavy turnout and a close election lead to a flood of court challenges. Legal groups are offering local judges new online resources to prepare for such a deluge. “These are things lawyers and judges do not deal with on a day-to-day basis,” American Bar [...
Franklin Circuit Judge orders public defenders to stop refusing cases
Posted on September 19, 2008A Franklin CountyCircuit Judge has ordered public defenders to stop refusing certain types of cases because of funding problems. The temporary injunction, which was entered Friday afternoon by Franklin Circuit Judge Thomas D. Wingate, was made at the request of lawyers for Kentucky State Treasurer Todd Hollenbach and Finance and Administration Secretary Jonathan Miller...
Great Britain Allows Establishment of Sharia Courts in England ? Arbitration laws used to circumvent British Courts- Similar loophole exists in Kentucky Law.
Posted on September 17, 2008The Courts in Great Britain have allowed use of their Arbitration law to allow Muslim groups to impose Sharia law on their citizens. This loophole allows anyone signing an agreement to submit their disputes to arbitration to be bound by the ruling of the Muslim arbitrator...
Chief Justice Minton recognizes Constitution Day
Posted on September 16, 2008September 16, 2008 Frankfort, Ky. — In recognition of Constitution Day on Wednesday, Sept. 17, Chief Justice John D. Minton Jr. is encouraging citizens to learn about the U.S. Constitution. Read the Constitution. “On this Constitution Day and every day, I urge all Kentucky citizens to gain an understanding of the document that is the foundation [...
PULASKI CIRCUIT JUDGE ISSUES INJUNCTION
Posted on September 16, 2008September 15, 2008 PULASKI CIRCUIT JUDGE ISSUES INJUNCTION AGAINST CORRECTIONS RELEASE OF PRISONERS AND PAROLEES Pulaski Circuit Judge David A. Tapp has issued a temporary injunction against the Kentucky Department of Corrections regarding the lawsuit filed by Commonwealth?s Attorney Eddy F...
Prosecutor Resignations at All-Time High; Justice Leaders Warn of Crisis
Posted on September 16, 2008Sept. 15, 2008 MADISON, Wis., Sept 15, 2008 /PRNewswire via COMTEX/ — An alarmingly high rate of turnover in the ranks of assistant county prosecutors threatens to cripple crime-fighting efforts statewide, Dane County District Attorney Brian Blanchard, representatives from the Wisconsin Association of State Prosecutors (ASP), law enforcement officials and victim rights advocates warned at a [...
6th Circuit Decision in Antidegradation Case Rejects In Part EPA?s Approval of Kentucky Water Quality Rules
Posted on September 12, 2008September 8, 2008 The U.S. Court of Appeals for the Sixth Circuit issued an opinion on September 3, 2008 in the case of Kentucky Waterways Alliance v. Johnson, reversing and remanding in part Environmental Protection Agency’s approval of Kentucky’s flawed antidegradation rules...
Book Review: The First Amendment - Creation or Evolution
Posted on September 12, 2008Zachary J. Lechner September 8th 2008 Lewis, Anthony. Freedom for the Thought That We Hate: A Biography of the First Amendment. (New York: Basic Books, 2008.) Freedom for the Thought That We Hate: A Biography of the First Amendment is part of Basic Books? ?Basic Ideas? series in which ?a leading authority offers a concise biography [...
Justice Department Issues 213 Page Report on Antitrust Monopoly Law
Posted on September 12, 2008An Executive Summary of the Department’s report is attached. The full report can be found on the Department of Justice’s web site at www.usdoj.gov/atr/public/reports/236681.pdf. WASHINGTON, Sept 08, 2008 /PRNewswire-USNewswire via COMTEX/ — Report Provides Consumers, Businesses, and Policy Makers With Analysis of Single-Firm Conduct Under the Antitrust Laws The Department of Justice today issued a [...
Federal Court: warrant needed to turn cell phone into homing beacon
Posted on September 12, 2008www.arstechnica.com/news By Julian Sanchez September 11, 2008 ? It just got a bit harder for law enforcement agencies to turn your cell phone into a personal homing beacon: A federal court has slapped down the Justice Department’s appeal of a February ruling that required investigators to seek a probable cause warrant before acquiring historical records [...
LawReader makes a clean get-a-way: People sheltering at ground level at Galveston Bay when Hurricane Ike hits face ?certain death,? the weather service warns.
Posted on September 12, 2008Sept. 12, 2008 By Stan Billingsley Galveston, Texas is on an island just south of Houston. Yesterday I flew into Houston and noted that this whole part of the country is covered by thick cloud layers as Hurricane Ike marches toward Galveston. Fortunately we were about 48 hours in advance of the storm and were able to [...
U.S. Supreme Court asked to immunize drug manufacturers from lawsuits
Posted on September 12, 2008By David G. Savage Los Angeles Times WASHINGTON - The Supreme Court earlier this year reinterpreted a 32-year-old federal law as barring suits against makers of government-approved medical devices. In a case to be heard this fall, the court will consider whether to extend this shield against lawsuits to the makers of prescription medicines and over-the-counter [...
Lexington Herald Leader cites controversial Letter from a resident of Wasilla, Alaska who has know Sarah Palin since l992.
Posted on September 07, 2008Sep 3, 2008 This letter was cited by the Lexington Herald-Leader on September 7th., but their link is not working. A Letter From Anne Kilkenny What follows is an open letter written by a resident of Wasilla, Alaska named Anne Kilkenny.I am a resident of Wasilla, Alaska...
Brenda Popplewell joins ranks as one of Kentucky?s Top Criminal Defense Lawyers as she wins 6th. Circuit Appeal for client sentenced to 52 years.
Posted on September 07, 2008Sept. 5, 2008 Brenda Popplewell (a LawReader user) of Somerset continues to stake her claim as one of Kentucky?s most effective criminal defense lawyers. She has another victory to add to a long string of high profile courtroom verdicts in favor of her clients...
D.C. Court stays Harriet Miers Testimony Before Congress
Posted on September 07, 2008Sept. 7, 2008 [JURIST] The US Court of Appeals for the DC Circuit has issued a temporary stay delaying the enforcement of a district court ruling compelling the testimony of former White House Counsel and US Supreme Court nominee Harriet Miers before the House Judiciary Committee in connection with the US Attorneys firing scandal...
ENERGY INDEPENDENCE AND PROTECTING THE ENVIRONMENT ARE NOT MUTUALLY EXCLUSIVE GOALS ?
Posted on September 05, 2008Editorial by LawReader Senior Editor Stan Billingsley Sept. 5, 2008 We have a problem, but there are solutions The Paris Hilton Solution Energy independence and the Nazi?s Here?s what they did? The environment: How endangered is it? Are they telling the truth? WWII saw oil dumped into the seas and the world survived The Exxon Valdez oil spill The Alaska Pipeline LawReader stringer, Wayne [...
Federal Appeals Court knocks out provisions of new bankruptcy code
Posted on September 05, 2008Provision That Bans Advice to Add Debt before filing Gets Struck Down By BRENT KENDALL Wall Street Journal Sept. 5, 2008 WASHINGTON — A federal appeals court in St. Louis ruled Thursday that a provision of a sweeping 2005 federal bankruptcy-overhaul law violates the free-speech rights of lawyers...
Fen-phen attorneys Gallion & Cunningham re-indicted
Posted on September 04, 2008A federal grand jury on Wednesday issued additional charges against two Lexington lawyers accused of taking millions of dollars from their former clients in the Fen Phen diet drug class action settlement.William Gallion and Shirley Cunningham Jr. were originally charged and tried for one count each of conspiracy to commit wire fraud...
Federal Grand Jury Indicts Highway Contractor Leonard Lawson, former Highway Commissioner Charles ?Bill? Nighbert and Brian Russell Billings.
Posted on September 03, 2008Sept. 3, 2008 A federal grand jury indicted former state Transportation Secretary Bill Nighbert and politically influential road contractor Leonard Lawson on Wednesday, as well as Lawson employee Brian Russell Billings for conspiracy theft from the government and obstruction of justice...
Ky. Supreme Court to review new no-retreat self defense law in two cases
Posted on September 03, 2008KRS 503.050 was amended in 2006 to express that a person has no duty to retreat before using deadly force in self-protection. The Kentucky Supreme Court plans to review two cases involving the state’s new self-defense law that allows people to shoot dangerous home invaders without fear of prosecution...
Court of Appeals to hold oral arguments in Highland Heights
Posted on September 03, 2008FRANKFORT, Ky., Sept. 2, 2008 - The Kentucky Court of Appeals will hear oral arguments in three cases Thursday, Sept. 11, at Northern Kentucky University Chase College of Law in Highland Heights. Proceedings will be open to the public. A three-judge panel consisting of Court of Appeals Judges Laurance B...
Court of Appeals to hold oral argument in Shelbyville
Posted on September 03, 2008FRANKFORT, Ky. – The Kentucky Court of Appeals will hear oral arguments in four cases Monday, Sept. 8, at the Shelby County Courthouse in Shelbyville. Proceedings will be open to the public. A three-judge panel consisting of Court of Appeals Judges Joy A...
Supreme Court to Hold Oral Arguments in Louisville Sept. 10-11
Posted on September 02, 2008Supreme Court to Hold Oral Arguments in Louisville Sept. 10-11 FRANKFORT, KY – The Kentucky Supreme Court today announced that oral arguments will be heard in Louisville Kentucky on September 10 -11, 2008. The Supreme Court sessions will be held Wednesday, September 10th and 11th, in the Allen Courtroom at the University of Louisville Brandeis School of [...
McConnell efforts to limit protection of horses becomes issue
Posted on August 31, 2008In a Herald-Leader story, reporter John Cheves reports that ?Sen. Mitch McConnell has pressured the U.S. Dept. of Agriculture for years to back off its enforcement of the Horse Protection Act, even threatening to cut the agency?s funding.? See this article at:» McConnell opposed USDA inspectors» Industry says it is addressing abuses» Soring trial videosOne [...
Barry Miller: Widely published Scalia quote re: ?innocense? is inaccurate. We have to agree.
Posted on August 30, 2008August 30, 2008 LawReader user Barry Miller has brought to our attention a widely published misquote of U.S. Supreme Court Justice Scalia. We have no idea how this quote arose, but upon review we conclude it is nothing more than an edited version and not the actual words of Scalia...
An Important Upcoming Supreme Court Case Raises Questions About Both the Fourth Amendment and the Weight of Precedent
Posted on August 30, 2008By VIKRAM DAVID AMAR Aug. 29, 2008 In about a month, the Supreme Court will begin hearing arguments for its 2008-2009 Term. And although, as in recent years, the number of cases slated for full review is down from late-Twentieth-Century norms, there are a number of potentially quite significant cases being heard...
22nd KACDL Annual Criminal Defense Law Conference & Seminar - Nov. 7th. Mark your calendar!!
Posted on August 29, 2008November 7, 2008. Horseshoe Southern Indiana Resort & Casino (Near Louisville, Ky.) Featured Speakers: Jonathan Turley John Wesley Hall, Jr. ?The zealous defense attorney is the last bastion of liberty ?the final barrier between an overreaching government and its citizens...
Alaska Governor Sarah Palin named McCain Vice-President.
Posted on August 29, 2008John McCain has named Alaska Governor Sarah Palin as his Vice-Presidential running mate. Palin is an attractive 44 year old having been first runner up in the Miss Alaska contest in 1984. She is a first term Governor without foreign policy experience...
McCain names Alaska Governor Sarah Palin as his Vice-Presidential candidate
Posted on August 29, 2008Attorney General Jack Conway issued a warning today about a scam targeting immigrants in Kentucky.
Posted on August 28, 2008Investigators report that a man, claiming to be a “notario” or notary, has approached immigrants in two counties saying that he will assist them in obtaining their I-130?s or “green cards” in exchange for cash. Forty-nine-year-old Ronald M...
Executive privilege showdown looms for Congress, White House
Posted on August 28, 2008House Democrats schedule a hearing that would put former White House counsel Harriet Miers under oath. The Justice Department prepares a last-ditch court appeal. By Richard B. Schmitt, Los Angeles Times August 28, 2008 WASHINGTON — Congress and the Bush administration headed for a preelection showdown Wednesday over the issue of executive privilege, with House Democrats scheduling a [...
Chief Justice Minton forms committee to review policy on court records retention
Posted on August 28, 2008Group will hold first meeting Sept. 4 in Frankfort FRANKFORT, Ky., Aug. 27, 2008 ¾ Chief Justice of Kentucky John D. Minton Jr. has formed a committee to review how the Kentucky court system retains, destroys and archives court records statewide. The new Court Records Retention Committee, or CRRC, will hold its first meeting Thursday, Sept...
Attorney General Conway Names 2008 Outstanding Commonwealth?s and County Attorneys
Posted on August 26, 2008Aug. 26, 2008 Attorney General Jack Conway recently presented awards for the 2008 Outstanding Commonwealth?s and County Attorneys at the Kentucky Prosecutor?s Conference last week in Lexington. The recipients of the 2008 Outstanding Commonwealth?s Attorney awards are David Flatt, Commonwealth?s Attorney for the 37th Judicial Circuit serving Carter, Elliott and Morgan counties, and Allen Trimble, Commonwealth?s Attorney [...
The ABA way to pick judges
Posted on August 25, 2008The American Bar Association. Aug. 25, 2008 Its idea to establish bipartisan panels of lawyers and others to screen federal judges has merit, even if conservatives hate it. August 24, 2008 It sounds like a common-sense idea: Establish bipartisan panels of lawyers and community leaders to screen potential federal judges...
Sarbanes-Oxley Upheld By Court as Constitutional
Posted on August 24, 2008By David S. Hilzenrath Washington Post August 23, 2008 An appeals court yesterday upheld the Sarbanes-Oxley Act of 2002, dismissing arguments that the government’s attempt to protect investors from repeats of the scandals at Enron and WorldCom gave federal overseers unchecked power...
New managers named for General Butler State Park, Jenny Wiley State Resort Park and Lake Barkley State Resort.
Posted on August 23, 2008FRANKFORT, Ky. ? Three new park managers have been appointed by the Kentucky State Parks. Ty Lindon, who has served in several management positions for parks in Kentucky and Mississippi, was named the park manager at Jenny Wiley State Resort Park near Prestonsburg...
What the Supreme Court?s Habeas Decision Means
Posted on June 13, 2008By Andy Worthington Afternnet.com Those who cherish the United States’ historical adherence to the rule of law — myself included — were delighted to hear that the U.S. Supreme Court ruled on Thursday, in the case of Boumediene v. Bush, that the prisoners at Guantánamo “have the constitutional right to habeas corpus,” enabling them to challenge [...
Diet-drug lawyer defends compensation - Attorneys fought for clients
Posted on June 13, 2008By Andrew Wolfson COVINGTON, Ky. — Confident and composed on the witness stand, attorney William Gallion testified yesterday that he and his co-defendants in the fen-phen fraud trial “got paid a lot of money” for their work on a settlement with the diet drug’s maker, “but I am not embarrassed about it...
U.S. Supreme Court rules that Judge does not have to notify Defendant or Government of plans to sentence outside the Fed. Sentencing guidelines
Posted on June 12, 2008June 12, 2008 WASHINGTON – The U.S. Supreme Court ruled in the case of Irizarry v. U.S., 06-7517, on June 12, that judges do not have to notify defendants and prosecutors when contemplating a prison term outside the range called for in federal sentencing guidelines...
Chief Justice Lambert to give final remarks as Justice on June 13th.
Posted on June 12, 2008Chief Justice Lambert to give traditional closing remarks June 13 after hearing final oral argument as chief justice. The public and media are invited to attend FRANKFORT, Ky., June 12, 2008 - Following a tradition of chief justices and justices who have retired before him, Chief Justice of Kentucky Joseph E...
Landmark Ruling: U.S. Sup. Ct. Rules Terror Suspects Can Appeal in Civilian Courts ?
Posted on June 12, 2008?The laws and Constitution are designed to survive, and remain in force, in extraordinary times,? Justice Anthony M. Kennedy By DAVID STOUT New York Times June 12, 2008 WASHINGTON ? Foreign terrorism suspects held at the Guantánamo Bay naval base in Cuba have constitutional rights to challenge their detention there in United States courts, the Supreme Court [...
Lawyer defends payments in diet-drug case
Posted on June 12, 2008By Andrew Wolfson ? awolfson@courier-journal.com ? June 12, 2008 function NewWindow(height,width,url) {window.open(url,”ShowProdWindow”,”menubars=0,scrollbars=1,resizable=1,height=”+height+”,width=”+width); } function NewWindow(height,width,url) { window...
Commission on Human Rights to hear Simpson County American Legion Whites Only policy
Posted on June 12, 2008LOUISVILLE ? The Kentucky Commission on Human Rights will hold an administrative hearing tomorrow, June 11, and Thursday, June 12, to determine whether American Legion Post 62 in Franklin has violated civil rights laws. The complaint by Kentucky Commission on Human Rights Commissioner Priscilla Johnson and Al Shadi against the American Legion Post 62 alleges discrimination [...
Court orders pay raise for New York State justices on constitutional grounds
Posted on June 12, 2008BY ELIZABETH MOORE -| Newsday June 11, 2008 A judge has ordered Gov. David A. Paterson and the state Legislature to boost the pay of New York’s judges within 90 days. State Supreme Court Justice Edward Lehner of Manhattan ruled Wednesday that state officials “have unconstitutionally abused their power by depriving the judiciary of any increase [...
Fen Phen lawyer denies he ordered destruction of documents
Posted on June 12, 2008By Beth Musgrave Lexington Herald Leader COVINGTON — June 12, 2008 A lawyer accused of taking millions of dollars that should have gone to his former clients in a class-action settlement testified Thursday that an associate was mistaken when she testified that he instructed her to destroy documents related to the settlement...
William Gallion denies he order destruction of Fen Phen documents
Posted on June 12, 2008By Beth Musgrave Lexington Herald Leader COVINGTON — June 12, 2008 A lawyer accused of taking millions of dollars that should have gone to his former clients in a class-action settlement testified Thursday that an associate was mistaken when she testified that he instructed her to destroy documents related to the settlement...
Vacancy for Administrative Law Judge for Worker?s Compensation ? Salary equals that of a Circuit Judge.
Posted on June 11, 2008This notice was sent out by the Ky. Office of Worker?s Claims. The nominee must be approved by the Kentucky State Senate.Administrative Law Judge - Kentucky Office of Workers Claims The Workers Compensation Nominating Commission is now accepting resumes for a position as Administrative Law Judge (ALJ) for the Kentucky Office of Workers Claims...
Reduced Okla. Supreme Court Caseload Attributed to Reforms, Mediation - Ky. could learn from this example
Posted on June 10, 2008June 10, 2008 Legislative reforms and mediated lawsuits are responsible for a decline in the number of appeals and court actions handled by the Oklahoma Supreme Court over the past few years. The Tulsa World examined eight years of Supreme Court filings, opinions and settlement conferences from records obtained through the Open Records Act...
CANADA CREATES INNOVATIVE TRAINING PROGRAM TO PREPARE LITIGANTS FOR APPELLATE ORAL ARGUMENTS
Posted on June 10, 2008SIMULATING THE TOP COURT: ADVOCACY INSTITUTE Preparing to face the Supreme Court like a pro Dress rehearsals, complete with testy exchanges, help lawyers find vulnerable spots in their cases - before the judges do KIRK MAKIN - JUSTICE REPORTER June 10, 2008 After a sleepless night spent rehearsing his legal submissions in front of a hotel room mirror, lawyer David [...
Supreme Court rules in Federal False Claims Act and RICO cases
Posted on June 09, 2008June 8, 2008 [JURIST] The US Supreme Court [official website; JURIST news archive] handed down four decisions Monday, including Allison Engine v. United States [JURIST report], where the Court ruled that the Federal False Claims Act [31 USC 3729 text] is not limited to claims of misspent funds submitted to a federal government agency, but also [...
Court sets limits in government fraud suits
Posted on June 09, 2008June 8, 2008 WASHINGTON (AP) ? The Supreme Court ruled unanimously Monday that a whistleblower law intended to expose fraud can be applied to subcontractors and other indirect recipients of federal funds. The case before the court involved alleged contract fraud by a former unit of General Motors Corp...
U.S. Sup. Ct. gives new life to the Doctrine of Patent Exhaustion
Posted on June 09, 2008Jun 09, 2008 Supreme Court Decides Quanta v. LG Electronics, __ U.S. __ (2008), Quanta v. LG Electronics, __ U.S. __ (2008) Justice Thomas delivered the Supreme Court?s 19?page unanimous decision that provides some new life to the doctrine of patent exhaustion...
Va. high court allows visitation rights to both lesbian parents.
Posted on June 08, 2008Federal Parental Kidnapping Prevention Act regarding custody disputes apply to same-sex couples as well as traditional marriages. The FPKP says: ?28 USCS § 1738A (2004) - § 1738A. Full faith and credit given to child custody determinations (a) The appropriate authorities of every State shall enforce according to its terms, and shall not modify except as provided [...
The Kentucky FOLKS RULE ?
Posted on June 08, 2008Do you know about the Folks Rule? LawReader users can find this rule and many others in our DOCTRINES & RULES feature. LawReader makes legal research a breeze. The FOLKS RULE for statutory construction. We would suggest that it also be applied to pleadings and jury instructions...
State Supreme Court sets precedent to allow suppression of evidence as remedy for statutory violation
Posted on June 06, 2008June 6, 2008 Wisconsin Law Journal What the court heldCase: State of Wisconsin v. Popenhagen, No. 2006AP1114-CR. Issue: Is suppression a proper remedy for the state?s violation of sec. 968.135 in obtaining the defendant’s bank records? Holding: Yes...
Justice Sandra Day O?Connor Makes Foray Into Online Project to familiarize students with the legal system.
Posted on June 06, 2008by Dan Slater Wall Street Journal June 6, 2008 Retired Supreme Court Justice Sandra Day O?Connor is a gamer. Who knew? A Loyal LB?er alerted us to a report on Wired magazine?s Game Life blog. On Wednesday, according to the blog, SDO delivered the keynote address at the the annual Games For Change conference, which was [...
why U.S. Supreme Court ruled that Gov. definition of money laundering was too broad
Posted on June 06, 2008Tech law school graduate wins Supreme Court case By Logan G. Carver AVALANCHE-JOURNAL Friday, June 06, 2008 Jerry V. Beard picked up his telephone to hear the U.S. Supreme Court was on the line for him. A few seconds later he learned he had won his case in a unanimous decision by the highest court in the land...
IMPORTANT SURVIVAL TIPS FOR TORNADOS AND HURRICAINES
Posted on June 05, 2008Tasha Scott of Independence, KY. sent us the following article: With the storm/tornado we had last night I thought this might be helpful in a tornado as well. Scary. EXTRACT FROM DOUG COPP’S ARTICLE ON THE “TRIANGLE OF LIFE” My name is Doug Copp...
Mexico sues U.S. in World Court to stay executions of Mexican citizens
Posted on June 05, 2008By ARTHUR MAX ? June 5, 2008 AMSTERDAM, Netherlands (AP) ? Mexico appealed to the U.N.’s highest court Thursday to block the executions of Mexicans in the United States, arguing U.S. officials have failed to comply with a judgment ordering a review of their trials...
U.S. Sup. Court rules for defendants on money laundering
Posted on June 05, 2008By PETE YOST ? June 3, 2008 WASHINGTON (AP) ? The Supreme Court ruled Monday that federal prosecutors have gone too far in their use of money laundering charges to combat drug traffickers and organized crime. In two decisions ? one a 5-4 split, the other unanimous ? the justices found that money laundering charges apply only [...
Bill Billingsley reports on Patron Saint of Lawyers - Judges should take note.
Posted on June 05, 2008LawReader stringer ?Bill? Billingsley, former NASA scientist, now owner of Billingsley Aerospace, last wrote to us from Pakistan. This month he is in Ireland. He sent us a picture of a plaque he found on a wall in Tralee, Ireland. We have written out the words on the plaque regarding the Patron Saint of lawyers, [...
AN IMPORTANT WIN FOR FATHERS, CHILDREN IN NEBRASKA SUPREME COURT
Posted on June 05, 2008June 4th, 2008 by Glenn Sacks in Nebraska News We?ve often discussed anti-father bias in Child Protective Services cases. Fathers are frequently marginalized and deprived of custody of their children when their wives/ex-wives/ex-girlfriends abuse their children...
How Our Sexuality Is Being Restricted One Bad Law at a Time
Posted on June 04, 2008By Dr. Marty Klein, AlterNet. June 4, 2008. Sexuality is considered a public health menace, and many people want tough (albeit illegal) laws to battle the epidemic. With anxiety and anger about sexuality reaching a noisy crescendo, Congress members and state legislators are responding with laws that placate the mob du jour — laws restricting sexual [...
Cincinnati Whistleblower Blog Sums up Fen Phen Testimony
Posted on June 01, 2008Bluegrass Bureau Chief Ken CamBoo says Greedy Hearse Chasing Attorney $tan Che$ley is taking a real beating in the highly-publicized criminal ?Fen Phen? case in US District Court in Covington. The three attorneys accused of bilking their class action clients have blamed $tan as the reason they mistakenly took an extra $100 million dollars out of [...
User asks why we have deactivated our comments tool on the LawReader blog?
Posted on May 31, 2008Thank you for your question about the comments tool being closed on the LawReader blog. We previously had this feature activated, but it was continuously spammed by ads and other trash mail. The software available to us does not permit us to limit the access to the comments section to valid users...
The parties in Fen Phen Trial
Posted on May 31, 2008Joseph “Jay” Bamberger: The judge Joseph “Jay” Bamberger, 65 The Covington native was the only circuit judge in Boone and Gallatin counties for 12 years, during which time he presided over the $200 million fen-phen settlement...
Witness told to destroy Fen Phen records - Mills hospitalized
Posted on May 31, 2008Witness says she was told to destroy fen-phen documents By Andrew Wolfson Louisville Courier-Journal May 30, 2008 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...
Fen Phen Trial Update May 30 - May 31
Posted on May 31, 2008Key Diet Drug Witness Expected - Informat taped accused lawyers By Andrew Wolfson Louisville Courier-Journal May 30, 2008 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...
PLANS TO USE COAL IN ENVIRONMENTALLY FRIENDLY MANNER HAS SET BACK AS COSTS RISE
Posted on May 30, 2008By MATTHEW L. WALD New York Times May 30, 2008 WASHINGTON ? For years, scientists have had a straightforward idea for taming global warming. They want to take the carbon dioxide that spews from coal-burning power plants and pump it back into the ground...
Judge Steve Horner Traveling in Canada Gets Different Take on the reasons behind the War of 1812.
Posted on May 30, 2008Montreal ? May 31, 2008 We are taught, of course, that the Brits - unhappy about losing their American colonies 35 years earlier - were trying to strangle them economically by shutting down their trade, and thus we were again the innocent victim...
Not All Prosecutors Sympathetic to Public Advocate Plans to Curtail Services
Posted on May 29, 2008May 29, 2008 (The following opinions are those of some prosecutors, and they do not necessarily express an opinion by LawReader. We welcome informational reports from all parties to this or other legal issues.) LawReader received the following comment from a County Attorney who quotes other prosecutors...
COMPARE PRICE OF westlaw ? lexis and WEST?S KY. DIGEST TO LAWREADER ? WHY WASTE ALL THAT MONEY?
Posted on May 29, 2008LawReader can save you a bundle. Isn?t it about time you made a change to LawReader? For Westlaw or Lexis and the Ky. Digest you will have to pay about $5343* (and that only begins the bleeding of cash). LawReader charges only $377.50 a year (or $34...
Gov. Beshear Proposes Special Session for June 23rd. for Pension Reform Measures
Posted on May 29, 2008May 29, 2008 Will Save $500 Million Annually in Pension Costs and at Least $50 Million in Immediate Savings to City and County Governments and School Districts - Creates Working Group to Address Remaining Issues FRANKFORT, Ky. ?Gov. Steve Beshear today called on legislators to agree on major pension reform issues in the next three weeks which [...
Gov. Beshear issues Executive Order on Ethics to fulfill campaign pledge
Posted on May 27, 2008May 27, 2008 Executive Order Carries Out Campaign Pledge to Bring Integrity to Frankfort FRANKFORT, KY ? Despite the lack of action by the Kentucky General Assembly on proposed Ethics Reform legislation during the 2008 General Assembly, Gov. Steve Beshear today signed an Executive Order to strengthen the ethics policies governing the executive branch of state government...
Governor Beshear Signs Order on Executive Branch Ethics
Posted on May 27, 2008May 27, 2008 Executive Order Carries Out Campaign Pledge to Bring Integrity to Frankfort FRANKFORT, KY ? Despite the lack of action by the Kentucky General Assembly on proposed Ethics Reform legislation during the 2008 General Assembly, Gov. Steve Beshear today signed an Executive Order to strengthen the ethics policies governing the executive branch of state government...
U.S. Sup. Court OKs suits on retaliation in race cases
Posted on May 27, 2008WASHINGTON (AP) ? The Supreme Court ruled Tuesday that workers who face retaliation after complaining about race discrimination may sue their employers under a Civil War-era law. The court said in a 7-2 ruling that retaliation is another form of intentional, unlawful discrimination that is barred by the Civil Rights Act of 1866...
Fen Phen trial appears to be clearing name of Judge Bamberger
Posted on May 27, 2008By LawReader Senior Editor Stan Billingsley May 27, 2008 The Government has introduced evidence from the Fen Phen trial Judge Joseph Bamberger for over 20 hours, with more questioning to continue. The cross examination by the defense has not yet commenced...
Democratic Poll says Lunsford leads McConnell by 5 points
Posted on May 27, 2008Jennifer A. Moore Chair, of the Kentucky Democratic Party released a newsletter on Tuesday which says that: ?a poll released this morning shows that Democratic United States Senate Candidate Bruce Lunsford is leading Mitch McConnell by five points...
New Scrutiny for Organizations Claiming Charitable Tax Status
Posted on May 26, 2008Exemptions for Charities Face New Challenges By STEPHANIE STROM New York Times May 26, 2008 RED WING, Minn. ? Authorities from the local tax assessor to members of Congress are increasingly challenging the tax-exempt status of nonprofit institutions ? ranging from small group homes to wealthy universities ? questioning whether they deserve special treatment...
MEMORIAL DAY THOUGHTS - see how many war deaths we should honor
Posted on May 25, 2008MEMORIAL DAY THOUGHTS BY STAN BILLINGSLEY A few years ago, while eating lunch in Bruge, Belgium, I struck up a conversation with an elderly couple from London, England. The wife asked me, ?was their much fighting in WWI around here.? I told her that every flower in the nearby fields was fertilized with English blood...
Cops Gone Wild in Williamsburg? Seatbelt law enforcement draws complaint.
Posted on May 25, 2008May 25, 2008 LawReader received the following e-mail regarding a citizen complaint about the enforcement of the new mandatory seat belt law. We have previously published a story about citations being issued in Owenton, Ky. to people sitting in parked cars...
A court of appeals case that cries out for Supreme Court Review
Posted on May 25, 2008The following unpublished case demonstrates just how conservative some panels of the current Court of Appeals can be. We would suggest that this case cries out for review by the Supreme Court. LawReader case # 24 issued on May 23rd— Subscribers can view at: COURT OF APPEALS DECISIONS FOR MAY 23, 2008 oral plea agreement claim warrants [...
Important new rulings are coming out of Kentucky Appellate courts
Posted on May 25, 2008If you practice law, you should be reading these decisions on LawReader. We publish all decisions issued by Ky. Appellate courts within 24 hours of their release, with Keywords, a Snyopsis, and full text. This important feature is one of the great benefits of a LawReader subscription...
U.S. Elects most state judges ? the rest of the world does otherwise?
Posted on May 25, 2008American Exception - Rendering Justice, With One Eye on Re-election By ADAM LIPTAK - New York Times - May 25, 2008 Last month, Wisconsin voters did something that is routine in the United States but virtually unknown in the rest of the world: They elected a judge...
Polygamist ruling appealed to Texas Supreme Court
Posted on May 24, 2008SAN ANGELO, Texas ? Texas child welfare authorities are appealing a ruling in the polygamist sect case, arguing that the state was right to put more than 440 children in foster care. The state is also asking the Texas Supreme Court to allow it to keep custody of the children until the appeals are settled...
Kentucky Judge given 30 day suspension for being rude, and publicly opposing re-election of another judge.
Posted on May 24, 2008May 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. On Friday May 23, 2008 the Judicial Conduct Commission issued a sanction against the Judge who sits in Allen and Simpson counties...
Congress continues to pursue Carl Rove Connection to U.S. Attorney Firing Scheme ? constitutional crisis looms
Posted on May 24, 2008The Bush Administration may be pushing their luck, as courts have never recognized theory of Executive privilege to degree advanced by the Executive Branch See judicial history of Executive Privilege Rove Subpoenaed Again By Dan Froomkin Special to washingtonpost...
KSP are citing people in parked cars who don?t have their seatbelt fastened
Posted on May 23, 2008By LawReader Senior Editor Stan Billingsley: KSP is interpreting the seatbelt law to hold that you can?t even sit in a car without your seatbelt being fastened. The U.S. Transportation Dept. has given Kentucky $200,000 to conduct statewide enforcement of the mandatory seatbelt law...
Texas Appeals Court Says Polygamist Sects children illegally seized
Posted on May 23, 2008By RALPH BLUMENTHAL New York Times - May 23, 2008 See: Text of the Ruling (pdf) HOUSTON ? A Texas appeals court ruled on Thursday that the state had illegally seized up to 468 children from their homes at a polygamist ranch in West Texas. The decision abruptly threw the largest custody case in recent American history [...
At U.S. Supreme Court, 5-to-4 Rulings Fade, but Why?
Posted on May 23, 2008By LINDA GREENHOUSE May 23, 2008 WASHINGTON ? Where have all the 5-to-4 decisions gone? And whatever happened to the ? Kennedy Court ?? A year ago at this time, the Supreme Court had decided 13 cases by votes of 5 to 4, out of 41 total decisions...
Old case sheds light on Separation of Powers argument between Judiciary and Senate
Posted on May 22, 2008By LawReader Senior Editor Stan Billingsley May 22, 2008 In a court ruling handed down 51 years ago (see below), the Court held that the Appointment of Judicial Branch officers was a Judicial function. This ruling came l9 years before adoption of the Judicial Amendments to the Ky...<