Kentucky

Family Court Judge Tama Gormley Once Again Reprimanded by Judicial Conduct Commission

Posted on December 28, 2009
The Kentucky Judicial Conduct Commission on Dec. 28th.  issued a public reprimand of Family Court Judge Tamra Gormley.  In a 5-1 vote, the commission found Gormley denied changes in child support payments to employees of Toyota Motor Manufacturing, their spouses and their ex-spouses...

IOWA STATE JUDGES ARE SOME OF THE BEST PAID IN THE NATION

Posted on December 25, 2009
   State judges in Iowa collect above-average salaries compared with their peers nationwide, but also have seen their net pay decrease in recent years, a review of court data shows. District judges ranked 18th among states, appeals judges ranked 16th and associate high court judges ranked 14th in terms of pay this year, a national report published [...

Senator McConnell Once Again Nominates Cincinnati Lawyer to Represent Kentucky Interests ? Can?t he find qualified Kentucky lawyers for advancement?

Posted on December 24, 2009
  Kentucky has 16,000 licensed lawyers.   Our state is full of highly competent lawyers who practice law here, were educated here, and have spent their adult lives as participants in legal activities here.  However once again our Senior Senator has nominated a Cincinnati lawyer to represent the interests of Kentuckians...

MICHIGAN SUPREME COURT ADOPTS NEW RULE ALLOWING ENTIRE COURT TO VOTE TO RECUSE A SUPREME CT. JUSTICE WHO IS BIASED AND REFUSES TO RECUSE HIMSELF

Posted on December 23, 2009
    On Nov. 25, the high court, in a 4-3 vote the Michigan Supreme Court changed its rules on when justices should be banned from deciding cases. The old rule was that justices decided for themselves when they should be recused, which is the same way the U...

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Has the KBA Inquiry Commission and Bar Counsel Crossed the Line in Expanding Limits on Attorneys Free Speech Rights?

Posted on December 23, 2009
Has the KBA Inquiry Commission and Bar Counsel Crossed the Line in Expanding Limits on Attorneys Free Speech Rights?  Editorial by LawReader Senior Editor Stan Billingsley -  Dec. 23, 2009    SCR 3.130 8.2(4) has been used by the KBA Inquiry Commission to “warn” former State Senator John M...

U.S. Supreme Court Cites Emergency Exception and Allows Warrantless Entry of Home by Police

Posted on December 22, 2009
When can police enter a house without a warrant under the emergency aid exception to the Fourth Amendment?  The court held: Officers need only an objective reasonable basis for believing that medical assistance is needed or someone is in danger. The Case: Michigan v...

KENTUCKY HAS ADOPTED A STATUTORY SYSTEM FOR PAYMENT OF CIVIL CLAIM AWARDS AGAINST PROSECUTORS

Posted on December 22, 2009
  Independence attorney Eric Deters has filed two separate lawsuits on behalf of two different clients against Kenton Commonwealth Attorney Rob Sanders.  If a judgment is actually entered against Sanders, he most likely will be protected financially by KRS 15...

Federal Court of Appeals Accuses California Attorney General Lawyers of Lying

Posted on December 22, 2009
  San Francisco Chronicle    Dec. 22,2009 SAN FRANCISCO – A federal appeals court bluntly accused the Schwarzenegger administration and state Attorney General Jerry Brown’s office on Monday of  lying about its defense of cuts in Medi-Cal fees...

Eric Deters files Second Lawsuit in a month naming Kenton Commonwealth Attorney Rob Sanders as Defendant.

Posted on December 22, 2009
  Independence  attorney Eric Deters has filed a lawsuit on behalf of his client Terry Williams Jr. alleging malicious prosecution by Kenton Commonwealth Attorney Rob Sanders. The suit claims that  criminal charges were brought by Sanders in retaliation for Williams filing a federal civil rights lawsuit against the police...

Judge Gayle Hoffman of Campbell Family Court is inviting applications for a Law Clerk.

Posted on December 21, 2009
The job pays $26,220 a year.  Applicants must be a licensed lawyer.  Job Required Knowledge Ÿ MUST BE A MEMBER OF THE KY BAR ASSOCIATION OR BE TAKING EVERY REASONABLE STEP TO GAIN ADMISSION Job Skills/Abilities Ÿ EXCELLENT FORMAL WRITING SKILL Ÿ EXCELLENT INTERPERSONAL COMMUNICATION SKILLS Job Duties Ÿ PERFORM LEGAL RESEARCH AND RECORD ANALYSIS PERTAINING TO CASES BEFORE THE COURT Ÿ PREPARE [...

Government searches limited ? judicial ruling involving drug tests for athletes has blossomed into a huge Fourth Amendment case

Posted on December 18, 2009
  A controversial and surprisingly overlooked judicial ruling has placed unprecedented restrictions on the federal government’s ability to seize information stored on personal computers, e-mail servers, and other ubiquitous electronic devices. The decision, which the Obama administration says has halted or stymied several ongoing criminal investigations, has established new requirements for obtaining computer search warrants that [...

Frustrated with fantasy football? Try Fantasy Supreme Court ? New Web Site Lets you predict outcome of upcoming decisions

Posted on December 17, 2009
  predict the outcome of high court cases  –Students can play the game for free; others can play for $10 or less Washington (CNN) — Forget about baseball, football and the Academy Awards. The hottest new fantasy-league game involves the Supreme Court...

U.S. Supreme Court Refuses Review of Immunity of Gun Manufacturer?s Law

Posted on December 14, 2009
Dec. 14, 2009 – The Supreme Court has turned away a new challenge to a 2005 law that gives gun manufacturers immunity from lawsuits by shooting victims. The justices on Monday refused to hear an appeal from Hector Adames Jr. to revive his lawsuit against the Beretta U...

UNIV. of TENNESSEE ? HOSTESSES? SPARK NCAA INVESTIGATION OF RECRUITING VIOLATIONS

Posted on December 12, 2009
The Univ. of Tennessee is alleged to have being using up to 100 attractive co-ed hostesses to meet and greet recruits for UT athletic teams.   Have the Hostesses crossed the line? A news report contained the following comments about the conduct of the hostesses: “Keith Easterwood, a veteran summer basketball coach, said that on a visit last [...

U.S. Supreme Court Upholds 6th. Circuit Ruling that (RICO) Racketeering Suit May Proceed Against Employer and Worker?s Comp. Insurance Adjustor for conspiring to deny Benefits ? It is claimed they sought fraudulent medical opinions and unqualified doctors to defeat worker claims

Posted on December 10, 2009
December 10, 2009 Court has declined to hear a workers? compensation case from the U.S. Court of Appeals for the 6th Circuit in which the appeals court found that the plaintiffs could sue their employer and its workers? compensation claims adjuster under federal racketeering laws...

U.S. Supreme Court hears Tampa case on Miranda rights ? Must Police Specifically Tell suspect of right to have attorney present during questioning?

Posted on December 08, 2009
  The U.S. Supreme Court on Monday pointedly questioned why police in a Tampa criminal case didn’t explicitly tell a suspect of his right to an attorney during an interrogation. A majority of justices appeared inclined to give law enforcement more guidance about how to inform a suspect of his Miranda rights to end confusion about what [...

THE JOHN M. BERRY JR. LETTER WHICH UPSET THE LEGISLATIVE ETHICS COMMISSION AND SPARKED A WARNING FROM THE KBA INQUIRY COMMISSION, AND A FEDERAL LAWSUIT.

Posted on December 08, 2009
  THE FOLLOWING LETTER WAS WRITTEN BY NEW CASTLE ATTORNEY JOHN M. BERRY, JR. A FORMER STATE  SENATOR.  THIS LETTER IS AN EXHIBIT IN A FEDERAL CIVIL SUIT FILED BY JOHN M. BERRY, JR. AND THE ACLU AGAINST THE KBA INQUIRY COMMISSION. AS A RESULT OF THIS LETTER THE KBA INQUIRY COMMISSION CONDUCTED AN “INVESTIGATION” AND LATER [...

U.S. Supreme Court rules on emergency aid exception to Fourth Amendment

Posted on December 07, 2009
   The US Supreme Court on Monday summarily reversed and remanded  a Michigan Court of Appeals decision that found officers violated a defendant’s Fourth Amendment  rights when they entered his home. In a per curiam opinion, the Court relied on its 2006 ruling in Brigham City v...

Crime Lab fiasco: rape conviction quashed due to use of wrong DNA sample

Posted on December 07, 2009
  KATE HAGAN  December 8, 2009   theage.com.au A RETIRED judge has been called in to investigate how a mix-up over DNA evidence led to a Melbourne man being wrongly convicted and jailed for rape. Farah Jama, 22, spent 15 months in jail after a sample of his DNA contaminated one taken from a woman believed to have been [...

Numerous Bills Prefiled for 2010 Session of Legislature, Includes Expansion of Dist. Court Dollar Jurisdiction

Posted on December 05, 2009
The following bills of inerest to the legal profession have been prefiled for consideration in the 2010 session of the Kentucky General Assembly:    BR 441 – Representative Kent Stevens (12/02/09)      AN ACT relating to jurisdictional limits for Kentucky courts      Amend KRS 24A...

KBA BLUE RIBBON COMMITTEE CALLS FOR PROPER FUNDING OF CRIMINAL JUSTICE SYSTEM

Posted on December 04, 2009
  KENTUCKY BAR ASSOCIATION ROUNDTABLE SEEKS  ADEQUATE FUNDING FOR CRIMINAL JUSTICE SYSTEM Dec. 4, 2009 FRANKFORT, Ky. — An advisory group of judges, prosecutors, defense lawyers and law professors  seeking common ground to ensure proper funding of the state?s criminal justice system forwarded its findings today to Gov...

Indiana Prosecutor Facing Recusal Motion Acts to Announce Third Murder Trial for Camm Before Court Removes him

Posted on December 03, 2009
  Dec. 3, 2009 NEW ALBANY, Ind. — A former Indiana state trooper will face a third trial in the shooting deaths of his wife and children. Floyd County Prosecutor Keith Henderson announced Thursday that he’ll refile murder charges against David Camm in the Sept...

U.S. Supreme Court Considers Restrictions on Attorneys Giving Bankruptcy Advice

Posted on December 01, 2009
  Marcia Coyle The National Law Journal December 02, 2009 In a constitutional challenge involving a Minnesota law firm, the U.S. Supreme Court on Tuesday seemed troubled by a federal restriction on legal advice to potential bankruptcy clients, but less concerned about the requirement that lawyers advertise as a “debt relief agency” if they give bankruptcy advice...

U.S. SUPREME CT. CONSIDERS LIMITS ON CITIZEN BASED WHISTLE BLOWER LAWSUITS

Posted on November 30, 2009
  WASHINGTON ? The Supreme Court heard arguments Monday testing when whistle-blowers who discover fraud in federal programs may sue in the name of the United States and collect some of the settlement. Congress adopted the False Claims Act during the Civil War to solicit the help of ordinary citizens in fighting contracting fraud...

NEW CASTLE ATTORNEY JOHN M. BERRY JR. AND ACLU HAVE SUED REED N. MOORE JR IN HIS CAPACITY AS CHAIRMAN OF KBA INQUIRY COMMISSION. The Federal lawsuit alleges the KBA Inquiry Commission violated Berry?s Constitutional Rights to Criticize Actions of the Legislative Ethics Commission

Posted on November 30, 2009
 The Law Behind the News by LawReader Senior Editor Stan Billingsley    On Aug 14, 2007 the Legislative Ethics Commission conducted an inquiry regarding a complaint filed against Sen. David Williams by Richard Beliles Chairman of Kentucky Common Cause...

Ky. Practices For Retaining Evidence Affects Old cases.

Posted on November 28, 2009
Ky. Practices For Retaining Evidence Affects Old cases. Excerpted from AP report: Nov. 27, 2009 Defense attorneys say evidence has gone missing in Kentucky, resulting in problems for six capital cases and possibly hundreds of other prosecutions, including rapes and robberies...

U.S. 7TH. CIRCUIT CT. OF APPEALS RULES THAT DOMESTIC VIOLENCE BAN ON POSSESSION OF GUN HAS AN EXCEPTION UNDER 2ND. AMENDMENT. Deerhunter under a DVO, shot a deer. He was ordered released from Federal Prison On Possession of Firearm.

Posted on November 28, 2009
  By Bruce Vielmetti of the Milwaukee –  Journal Sentinel Nov. 27, 2009 A Rock County man sentenced to two years in federal prison for shooting a deer while he was on probation for domestic violence has had his case overturned by a federal appeals court...

KENTON COM. ATTN. SUED FOR MALACIOUS PROSECUTION BY ACQUITTED SCHOOL TEACHER WHO WAS ALLEGED TO HAVE HAD SEX WITH A MALE STUDENT

Posted on November 27, 2009
KENTON COM. ATTN. SUED FOR MALACIOUS PROSECUTION BY ACQUITTED SCHOOL TEACHER WHO WAS ALLEGED TO HAVE HAD SEX WITH A MALE STUDENT On Wed. Nov. 25th. Nicole Howell filed a Federal 1983 Civil Rights complaint against Kenton Commonwealth Attorney Rob Sanders...

Limits on Types of Cases That can be Handled by Legal Aid lawyers under attack

Posted on November 24, 2009
  Bob Egelko,  San Francisco Chronicle                    Nov. 24, 2009 Conservative-backed restrictions on Legal Aid lawyers’ representation of their low-income clients survived a federal appeals court test Monday in San Francisco, but face further challenges in the Democratic Congress and the Obama administration...

The No. Ky. Bar Association Announces New Officers and Directors.

Posted on November 21, 2009
The 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...

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