Kentucky

BOONE PROSECUTOR CAUSES MISTRIAL BY HEARSAY IN OPENING STATEMENT IN DEATH PENALTY CASE. CRAWFORD V. WASHINGTON CONFRONTATION RULE VIOLATED.

Posted on April 20, 2010
  Assistant Boone Commonwealth Attorney Jason Hiltz made a major error in his opening statement in a death penalty case being tried in the Boone Circuit Court.   Hiltz told the jury that the defendant’s son, who has since died, told acquaintances that his father forced him to participate in the dismemberment of the deceased victim...

BIG COAL?S DON BLANKENSHIP AND THE U.S. CHAMBER OF COMMERCE ? BUYING THE COURTS TO KEEP THE MONEY FLOWING ? over $50 million spent in judicial races

Posted on April 13, 2010
    By: Jason Rosenbaum  April 12, 2010     Don Blankenship is the head of Massey Energy, the company that runs the Upper Big Branch Mine which just had a horrific “accident” that left 29 dead. Massey?s conduct under Blankenship has been negligent enough to approach criminality, calling into question how much of an “accident” this was...

COURT OF APPEALS FINDS PROCEDURE OF WORKER?S COMPENSATION LAW WHICH PROVIDES DIFFERENT METHODS FOR PROVING BLACK LUNG DISEASE DERIVED FROM COAL THAN BY OTHER CAUSES, FOUND UNCONSTITUTIONAL

Posted on April 09, 2010
The Court of Appeals on Friday April 9, 2010 found one provision of the Worker’s Compensation act to be unconstitutional.  The following is a synopsis provided weekly by LawReader to subscribers  (See LawReader case No. 16 at www.lawreader.com  membership required)   WORKERS? COMPENSATION   GARDNER, JESSE  VS...

ABUSE OF PROCESS ? EXTORTION IN NEGOTIATION IS ELEMENT OF THIS TORT ? Can this tort be used when plea bargain negotiations become extortion?

Posted on April 08, 2010
  An interesting question is raised.   Can this tort be used to seek damages for improper plea bargaining negotiations?  Under the correct fact situation this may well justify a claim against a prosecutor subject to immunity rules.  Prosecutors are entitled to qualified immunity in their investigative phase but enjoy absolute immunity during the prosecutorial phase...

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U.S. SUPREME COURT, REINSTATES CLASS ACTION SUIT THAT ACCUSES ALLSTATE OF ROUTINELY REFUSING TO PAY INTEREST WHEN IT IS LATE WITH A BENEFIT PAYMENT

Posted on April 02, 2010
  The U.S. Supreme Court, in ruling on what qualifies as a class action, has reinstated a suit that accuses Allstate of routinely refusing to pay interest when it is late with a benefit payment.   The class action case was brought in New York where lower courts ruled that state?s law prohibits class actions where the [...

New York Court Throws Out ?all persons present? search warrants

Posted on April 02, 2010
New York?s highest court ruled on Thursday that police departments cannot use general warrants that apply to a specific location to search every person they find there unless there is probable cause to believe that a particular person is involved in criminal activity...

DUI law amended. Per Se violations include presence of certain drugs without a prescription.

Posted on April 02, 2010
HB 265 has passed both houses and has been sent to the Governor for his consideration.   The bill adds certain drugs to PER SE violations of Chapter 189A.   One  presumption created in this law provides a defense and  allows the court to determine if the drug was prescribed by a “practitioner”...

Ct. of Appeals Okays Use of Family Wizard Software to help parents deal with child care issues.

Posted on April 02, 2010
The Court of Appeals discusses favorably software that can be used by separated parents to help manage their communications regarding child care issues.   The Kenton Court had ordered the parents to use this software from Family Wizard.   Links and case name below...

HEALTH CARE REFORM: WHERE ARE WE NOW?

Posted on April 02, 2010
March 31, 2010  – Robert J. O’Neil   Dinsmore & Shohl – West Virginia After over a year of debate, Congress passed legislation in March to reform the health care delivery system in the United States: “The Patient Protection and Affordable Care Act...

THE GOVERNOR HAS NO POWER TO IMPOSE A CONTINUATION BUDGET SINCE THE LEGISLATURE REPEALED KRS 41.110 IN A FRENZY TO GAIN LEGISLATIVE INDEPENDENCE

Posted on April 01, 2010
By Judge Stan Billingsley (Ret.) – LawReader Senior Editor THE CHICKENS HAVE COME HOME TO ROOST – The 1983 repeal of KRS 41.110 by  the Legislature’s movement to enhance Legislative independence has come home to roost, and the smell is awful...

The Padilla Decision May Warrant a Review of Other Kentucky Rulings Regarding Mis-Advice on Sentencing Issues

Posted on April 01, 2010
  By Judge Stan Billingsley (Ret.)                                                 March 31, 2010    Another recurring issue involving the plea process may be affected by the March 31, 2010 U.S. Supreme Court reversal in Padilla.  A number of cases have discussed incorrect advice by counsel and by the sentencing court in sex offender registration cases, and cases involving parole consideration times...

KY. SUPREME COURT JUSTICES? CUNNINGHMAN AND SCHRODER DISSENT, IN PADILLA IMMIGRATION STATUS CASE FROM HARDIN COUNTY, VINDICATED BY U.S. SUPREME COURT ? KY. COURT OF APPEALS JUDGE SARA COMBS AND JUDGE DYCHE HAD IT RIGHT!!

Posted on April 01, 2010
  The U.S. Supreme Court on March 31, 2010 reversed a decision of the Ky. Supreme Court which had held that an attorney was not required to advise an illegal immigrant that a guilty plea would result in his deportation.   The Kentucky Court of Appeals had previously held that the Sixth Amendment (Right to Counsel and RCR [...

FEDERAL JURY CONVICTS FORMER CIRCUIT JUDGE CLETUS MIRACLE AND 7 OTHER DEFENDANTS IN CLAY COUNTY VOTE-BUYING CASE

Posted on March 25, 2010
Eight Clay County politicians corrupted the election process in recent years, buying and stealing votes in pursuit of power and money, a federal jury ruled Thursday in Frankfort. The jury deliberated for more than 9 hours over the past two days.  The jury convicted all eight people on trial, including former Circuit Judge R...

GEORGIA SUPREME COURT DECLARES CAPS ON MALPRACTICE LAWSUITS ARE UNCONSTITUTIONAL

Posted on March 22, 2010
The Georgia Supreme Court announced today that, in a unanimous 7-0 ruling, it has found a state law limiting damages awarded for pain and suffering in medical malpractice lawsuits to be unconstitutional. The cap on awards was the heart of the 2005 attempt at tort reform...

LAWREADER PRAISES KENTUCKY SUPREME COURT ? THIS COURT IS AMAZING?.end result fairness prevails

Posted on March 21, 2010
 This week the Ky. Supreme Court issued 58 decisions.  A synopsis of all Kentucky Appellate decisions is published by LawReader shortly after they are released by the court.   We have been publishing a weekly synopsis of all Ky. Appellate decisions since 2003...

POKER DOMAINS IN JEOPARDY AS KENTUCKY SUPREME COURT REVERSES CT. OF APPEALS ? GAMBLING DOMAINS DID NOT HAVE STANDING TO FILE WRIT

Posted on March 20, 2010
      OnThursday March 18, 2010 , the Kentucky Supreme Court ruled that iMEGA and the Interactive Gaming Council had no standing to file a writ of prohibition that stopped the state of Kentucky from seizing control of several well-known poker domains, including sites associated with PokerStars, Full Tilt, DoylesRoom, Bodog, Absolute Poker, UltimateBet, and Cake Poker...

APPEALS COURT LETS STAND DECISION THAT ASHCROFT CAN BE SUED ? IMMUNITY FOR PROSECUTORS AGAIN WEAKENED

Posted on March 20, 2010
    March 18, 2010  The full Western appeals court voted Thursday to let stand its September decision that former U.S. Atty. Gen. John Ashcroft is not immune from a civil action charging that he violated a Kansas-born Muslim convert’s constitutional rights by having him arrested without probable cause...

Gov. signs bill to charge jail inmates medical co-payments

Posted on March 20, 2010
FRANKFORT, Ky.?Gov. Steve Beshear today signed Senate Bill 47, which will allow county jails to charge a medical co-payment fee to state prisoners housed in county facilities, mirroring the policy for county inmates. The bill, sponsored by Sen. John Schickel, of Union, will provide partial relief for counties coping with the great cost of housing and [...

THIRD CIRCUIT OUTLINES 3-STEP PROCEDURE FOR APPLYING FEDERAL SENTENCING GUIDELINES

Posted on March 18, 2010
U..S. v. DORCANT UNITED STATES OF AMERICA,  v. HUBERT DORCANT, Appellant. No. 09-1259. United States Court of Appeals, Third Circuit. Submitted Under Third Circuit LAR 34.1(a) March 9, 2010. Filed: March 17, 2010.   In United States v. Gunter, 462 F.3d 237 (3d Cir...

Federal Judge Rules that Commonwealth Attorney Gary Gregory and Circuit Judge Oscar House ?took part in vote fraud? in Clay County. They were not indicted.

Posted on March 11, 2010
March 11, 2010 In an unusual evidentiary ruling U.S. District Judge Danny C. Reeves made a finding in the criminal trial of Clay County officials on vote-buying charges, that identified eight non-indicted individuals who “…took part in vote fraud” reported the Lexington Herald-Leader...

Supreme Court Bars Attorneys From Bankruptcy Advice to Increase Debt Before Filing

Posted on March 08, 2010
March 8  The Supreme Court on Monday unanimously upheld part of the U.S. bankruptcy law that bars attorneys from advising clients to take on more debt while considering a bankruptcy filing. The opinion by Justice Sonia Sotomayor reverses a ruling by a U...

U.S. Supreme Court Upholds Government?s Juror Strike Based on Her Demeanor and Body Language ? No Batson Violation

Posted on February 25, 2010
   On Feb. 22, 2010, the U.S. Supreme Court reversed a 5th U.S. Circuit Court of Appeals decision regarding the “demeanor-based” rejection of a potential juror in a death penalty case. Thaler v. Haynes involves a defense objection under Batson v...

LawReader Welcomes South Carolina Basketball Whiz Devan Downey to Kentucky

Posted on February 24, 2010
  By Judge Stan Billingsley (Ret.) The Wildcats only loss this year was to South Carolina.  That game featured the remarkable play of Devan Downey.  He is only about 5′ 10″ tall and is said to be able to dribble the ball no higher than the top of his shoes, making it almost impossible for tall opponents [...

Supreme Court Rules That Diversity Jurisdiction of Corporate HQs Is Determined by Corporation?s Nerve Center Where Most Work is Performed

Posted on February 24, 2010
            SUPREME COURT OF THE UNITED STATES Syllabus HERTZ CORP. v. FRIEND ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 081107. Argued November 10, 2009 Decided February 23, 2010 Respondents, California citizens, sued petitioner Hertz Corporation in a California state court for claimed state-law violations...

U.S. Supreme Court Weakens Miranda Warning

Posted on February 24, 2010
Feb. 22, 2010 The U.S. Supreme Court this week sided with the Tampa Police Department over a disputed Miranda rights form, a decision likely to benefit the state in some high-profile prosecutions, including a notorious sex torture case.   The high court’s 7-2 ruling reinstated the conviction of 10-time felon Kevin DeWayne Powell, which had been set aside [...

U.S. Supreme Court rules that a two-year break in interrogation nullifies 5th. Amendment Demand to Remain Silent made two years prior to current interrogation

Posted on February 24, 2010
    Feb. 2010 The US Supreme Court on Thursday ruled 9-0 in Maryland v. Shatzer that the Edwards v. Arizona [opinion text] prohibition against interrogation of a suspect who has invoked the Fifth Amendment right to counsel does not require suppression of statements if, after the suspect asks for counsel, there is a break of more than [...

Respected Covington Attorney Thomas R. Willenborg Passes

Posted on February 23, 2010
  We sadly must share with you the passing of  the Hon. Thomas R. Willenborg (1951 ? 2010). If one thing is to be said about Tom is that he was a gentleman in all respects.  He was a passionate and dedicated advocate for his clients.  We will miss him...

CITY ATTORNEY DON BYROM?S CONTRACT NOT RENEWED WITH THE CITY OF RUSSELL SPRINGS DUE TO COURT ORDERED DISQUALIFICATION

Posted on February 23, 2010
  Posted by Amy Mischler During this past week it has been published in the Russell Register that the City of Russell Springs decided ?not to renew? local Attorney Don Byrom?s contract as the city attorney. As in all of Mayor DeHart?s statements, he was not completely candid with the public...

Louisville Bar Association Releases Judicial Evaluation Poll ? Four Judges Score Below Average

Posted on February 23, 2010
   You can find this poll at:  Judicial Evaluation Results   The results of the LBA’s annual judicial evaluation of local sitting judges are now available for download. The judicial evaluation, which has been conducted since 1979, is designed to provide constructive criticism to sitting judges in order to allow them to improve their performance and maintain the high [...

Rules for Olympic Curling ? Scoring

Posted on February 20, 2010
 The competition begins with two teams at a time who compete on the ice. The curling teams push 19.1kg stones while they are aiming for a series of rings. The object of curling is for the stones to reach as close to the middle of the rings as possible...

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