Kentucky

Judicial Immunity Defense Not Absolute in Pennsylvania Case re: Imprisonment of Juveniles by Bribed Judges

Posted on November 21, 2009
The 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, 2009
  The 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, 2009
  CHARLESTON – 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, 2009
  The 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 [...

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KACDL SITE WARNS OF WEBSITE USED TO CREATE FALSE EVIDENCE TO FRAME PERSONS WITH FAKE TEXT MESSAGES AND VOICEMAILS

Posted on November 12, 2009
The 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, 2009
The 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, 2009
By 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, 2009
Vance 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, 2009
  The 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, 2009
    Article: 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, 2009
They 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, 2009
 Woodford 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, 2009
    PROSECUTORIAL 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, 2009
The 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, 2009
On 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, 2009
 On 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, 2009
 Attorney 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, 2009
  On 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, 2009
FRANKFORT, 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, 2009
A 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, 2009
 In 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, 2009
Northern 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, 2009
The 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, 2009
  Excerpted 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, 2009
  Justice 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, 2009
 Club 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, 2009
  In 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, 2009
  Miami-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, 2009
 Foes 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...

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