Kentucky

FINDINGS OF JUDGE WILLIAM GRAHAM ACTING AS KBA TRIAL COMMISSIONER IN CASE AGAINST STANLEY M. CHESLEY

Posted on February 27, 2011
 The next step in the KBA Discipline proceedings is for the Board of Governors to review the findings.  They can take additional evidence.  After the ruling by the Board of Governors, either party may appeal to the Ky. Supreme Court.                                                              ***************** SUPREME COURT OF KENTUCKY KBA FILE 13785 pi, »_ KENTUCKY BAR ASSOCIATION COMPLAINANT [...

Job Opening for Executive Secretary of Judicial Conduct Commission

Posted on February 27, 2011
POSITION DESCRIPTION For Executive Secretary Judicial Conduct Commission General Description.  The Judicial Conduct Commission announces the search for an Executive Secretary.   The Judicial Conduct Commission is a state agency authorized under the Kentucky Constitution to take disciplinary action against judges of the Kentucky Court of Justice...

ATTORNEY ERIC DETERS CONTINUES HIS FIGHT WITH KBA ? ASSERTS HIS INNOCENSE OF ETHICS CHARGES ? ASKS TRIAL COMMISSONER, ?HAVE YOU NO HONOR??

Posted on February 27, 2011
Feb. 27, 2010              By Stan Billingsley, Senior Editor LawReader.com Attorney Eric Deters has filed a pleading with the KBA inquiry commission seeking an amendment of the findings of Trial Commissioner Frank Doheny, Jr.   He alleges in his motion filed with the Inquiry Commission, that Commissioner Doheny made numerous factual errors in his Findings recommending suspension [...

U.S. SUPREME COURT HAS OVERRULED THE 6TH CIRCUIT COURT OF APPEALS ON LAST 15 APPEALS STRAIGHT

Posted on February 20, 2011
 Feb. 20, 2011  Supreme Court has reversed every decision since 2008, including five death penalty cases The U.S. 6th Circuit Court of Appeals in Cincinnati is one of the most powerful courts in the nation, but these days it’s suffering through a major slump...

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Nick M. Nighswander of Florence, Ky. hit a home run in a case of first impression to the Ct.. He appealed and got a ruling that an ?intentional cause of damage? exclusion clause in an UM motorists policy did not apply to damage caused by third party.

Posted on February 20, 2011
Feb. 20, 2011  The Hon. Nicholas  (Nick)  M. Nighswander  of Florence, Ky. hit a home run when he appealed a ruling of the Kenton Circuit Court regarding interpretation of an intentional cause of damage exclusion in an UM motorists policy. For full text of case click case number 2009-CA-002033   Stamper v...

CA Judge Kelly Thompson Strongly Dissents. The Combs v. National City Court of Appeals decision from Jefferson County which allows banks to pay themselves Trustee Fees Retroactively

Posted on February 17, 2011
 Feb. 17, 2011  This case sought a court ruling to allow banks and trustees to determine how to calculate compensation for trustees.  The  decision allows banks and trustees to go back 40 to 50 years and seek fees for “extra services” which until recently a statute prohibited...

Eric Deters suspension urged ? Trial commissioner Ignores KBA recommendation and seeks 181-day halt to law practice

Posted on February 17, 2011
A Kentucky Bar Association  trial commissioner has recommended that lawyer and WLW-AM (700) radio personality Eric Deters be suspended from the practice of law in Kentucky for 181 days.  The KBA prosecutors had reccommended only a 60 day suspension.  Previously the KBA had offered Deters a 30 day suspension if he admitted the allegations of [...

PRISON BOUND KAREN SYPHER BUYS FANCY SHOES AT DILLARDS

Posted on February 16, 2011
KAREN SYPHER INVESTS IN FANCY SHOES TWO DAYS BEFORE SENTENCING TO FEDERAL PRISON LawReader Exclusive News Flash:   Wed. Feb. 16, 2011 On Wednesday (Feb. l6th)   LawReader on the scene reporter Becky Kinman , spotted  future federal prison inmate Karen Sypher in Dillard’s shoe department in Louisville...

Washington D.C. Stops Use of BA Machine -Hundreds May Have Been Wrongly Convicted of DUI

Posted on February 16, 2011
This story includes videos which can be found at: http://www.myfoxdc.com/dpp/news/local/dc-breathalyzer-calibration-questioned-121410 Photo Click to Watch Video Click to Watch Video   Regular Photo Size Lawyer Asks For External Probe For DC? DC Defense Attorneys Raising New? Hundreds of DWI Convictions in DC? DC Breathalyzer Calibration Questioned Former supervisor’s memo questions procedure BY PAUL WAGNER/myfoxdc WASHINGTON – [...

ANALYSIS OF THE FEN PEHN DECISION ? DID THE COURT ERR ON THE STANDING ISSUE REGARDING THE SEIZURE OF $20 MILLION DOLLARS FROM A NON-PROFIT CORPORATION?

Posted on February 08, 2011
By Stan Billingsley                           Feb. 8, 2011     The Kentucky Court of Appeals issued a decision in the Fen Phen case last week.   The majority of the decision concerned  the trial judges grant of a summary judgment.   That ruling appears to this author to be absolutely correct considering the reasoning of the Court of Appeals and [...

Fla. Supreme Court won?t review DUI machine Source Code Ruling ? Subpoena for Intoxilyzer Source Code Upheld

Posted on February 08, 2011
By DUANE MARSTELLER – dmarsteller@bradenton.com MANATEE — The state?s highest court has opted not to enter the legal fray over an alcohol-breath test machine?s computer source code. The Florida Supreme Court declined to review an appeals court decision that a Manatee County Circuit judge properly allowed defense attorneys to subpoena the Intoxilyzer 8000?s manufacturer for [...

APPORTIONMENT AGAINST ?EMPTY CHAIR? DEFENDANT by Hon. Dave Kramer

Posted on February 07, 2011
APPORTIONMENT AGAINST ?EMPTY CHAIR? DEFENDANT By  Hon. David Kramer | dkramer@dbllaw.com In cases in which an apportionment is permitted against a former party, e.g., one that was never named as a party but that paid a settlement to the plaintiff, or one that was sued but later settled with the plaintiff, the former defendant is [...

FORMER CHIEF JUSTICE JOSEPH LAMBERT FEEDBACK: CURIOUS, UNFAIR CRITICISM BY PAPER

Posted on February 07, 2011
By Joseph E. Lambert At issue | Jan. 25 Herald-Leader editorial, “No leave for Lambert; Chief Justice Minton made the right call” Whenever I am attacked by the Herald-Leader, I am reassured that I have not strayed too far from the right course...

Standards of Civility For The Legal Profession ? Cirt. Judge Martin J. Sheehan Adopts These Rules for His Court.

Posted on February 06, 2011
  Kenton Circuit Judge J. Martin  Sheehan was interviewed for an article about his court procedures by  attorney Todd V. McMurtry for the Northern Ky. Bar Associations magazine, Lex Loci.    Judge Sheehan made reference to the Rules of Civility adopted by the New York Bar Association which he applies in his courtroom...

FEN PHEN DECISION HANDED DOWN BY CT. OF APPEALS- SUMMARY JUDGMENT ON MAIN PORTION OF THE APPEAL REVERSED ?

Posted on February 04, 2011
FEN PHEN DECISION HANDED DOWN BY CT. OF APPEALS-   SUMMARY JUDGMENT ON MAIN PORTION OF THE APPEAL REVERSED –  VENUE UPHELD –  FUND FOR HEALTHY LIVING RULING UPHELD- CASE REMANDED FOR TRIAL –  ALL CIRCUIT COURT ORDERS SUBSEQUENT TO THE SUMMARY JUDGMENT REVERSED...

GROWING RIFT BETWEEN NEW YORK JUDICIAL ETHICS COMMISSION AND LAWYERS GROUP ? SECRET BOARD ?UNFAIR TO JUDGES?

Posted on February 03, 2011
GROWING RIFT BETWEEN NEW YORK JUDICIAL ETHICS COMMISSION AND LAWYERS GROUP  – SECRET BOARD “UNFAIR TO JUDGES” ” judges criticize the commission as an arrogant agency willing to destroy careers on flimsy evidence” Excerpted from article By WILLIAM GLABERSON Published: February 2, 2011 Thomas A...

Conservative Group Takes Up Chief Justice Roberts Hint and Challenges Voter Rights Act.

Posted on February 03, 2011
Feb. 3, 2011 Conservative activists are trying to overturn the landmark Voting Rights Act, beginning with arguments they made this week in a federal court in Washington, D.C.  They say the reasoning behind the 1965 law is outdated.  The law requires states and cities to seek Justice Department approval for changes they make to their voting [...

Versus Law Offers Court-Ready and Appeals Briefs

Posted on February 02, 2011
An attorney’s highest-value time is spent with clients. Focus on that time and let LRC handle your court-ready memos and briefs. LRC research attorneys prepare affordable, fixed-price court and appeals briefs and drop-in arguments for cases nationwide...

KBA ANNOUCES CLE PROGRAMS FOR 2011

Posted on February 02, 2011
The 2011 dates for the KBA?s Kentucky Law Update (KLU) were recently approved by the Supreme Court of Kentucky. They include: September 1-2, Covington, Northern Kentucky Convention Center; September 8-9, Bowling Green, Holiday Inn & Sloan Convention Center; September 20-21, Owensboro, RiverPark Center; September 27-28, Ashland, Bellefonte Pavilion Theatre; October 4-5, Gilbertsville, Kentucky Dam Village [...

WATCHDOG GROUP SAYS SUPREME COURT JUSTICE CLARENCE THOMAS APPEARS TO HAVE ?KNOWINGLY AND WILLFULLY? VIOLATED RULE OF LAW FOR TWENTY YEARS BY FALSIFYING DISCLOSURE FORMS

Posted on February 02, 2011
Group Charges That Justice Thomas Receiving Special Treatment  WASHINGTON, Feb. 1, 2011 /PRNewswire-USNewswire/ — The words “EQUAL JUSTICE UNDER LAW” are famously chiseled above the main portico of the U.S. Supreme Court building in Washington D...

CONGRESS CONSIDERING BILL TO EXTEND PATRIOT ACT TO ALLOW CONTINUED SPYING ON U.S. CITIZENS

Posted on January 31, 2011
On Civil Liberties, Take 3: Speak Out Against the USA Patriot Act Sunset Extension Act of 2011! Published 1, January 30, 2011 Congress 10 Comments by Elaine Magliaro, Guest Blogger Last February, the U.S. Congress passed a one-year extension of three provisions of the Patriot Act that were due to expire...

Ky. Circuit Judge Cited for sending e-mails on his private account, and for purchasing a campaign item online. Judicial Conduct Commission Charges Judge Dan Ballou with misconduct.

Posted on January 30, 2011
  What are limits of Judges Right to Free Speech?  Circuit Court judge Daniel Ballou has been charged with two counts of judicial misconduct for contributing money to U.S. Sen. John McCain?s presidential campaign and for sending campaign material touting U...

FLORIDA?S HIGHEST COURT THROWS OUT BA MACHINE TESTS.

Posted on January 28, 2011
 Herald Tribune -Sarasota Florida -  Published: Friday, January 28, 2011 at 1:00 a.m. Drunken driving cases across the state could be thrown into limbo now that the Florida Supreme Court has declined to review an argument over alcohol breath-test machines that originated in Sarasota County...

TEXAS JUDGE SUES LAWYER OVER PUBLICATION OF JUDICIAL CONDUCT COMPLAINT AND DEFAMATORY STATEMENTS

Posted on January 27, 2011
A Texas state court judge recently filed a lawsuit against a prominent plaintiffs? attorney. The original petition [PDF] filed by Judge Carlos Cortez, of Dallas County?s 44th Civil District Court, included defamation and extortion claims against the attorney...

Kenton District Judge Ken Easterling Blasts Health and Family Services for Secrecy and Lack of Protection to Endangered Children

Posted on January 27, 2011
Ja. 27, 2011 Kenton County District Judge Ken Easterling blasted the state agency assigned to protect Kentucky?s children Wednesday during a preliminary hearing for a mother whose child died after becoming wedged between a mattress and wall atop a baseboard heater...

U.S. Supreme Court Rules for Third-Party Retaliation Claims in Case From Carrollton, Ky.

Posted on January 25, 2011
A decision by the U.S. Supreme Court to reactivate a lawsuit — based on a claim that a company retaliated against one employee by firing her fiancee — should result in more lawsuits being filed by spouses and significant others. But the unanimous decision did not define just how expansive the “zone of interests” is, [...

Justice Antonin Scalia?s Closed Door Speech to Tea Party Raises Eyebrows

Posted on January 22, 2011
Jan. 22, 2011  Justice Antonin Scalia, a popular and entertaining speaker at various forums around the world, has one of the busiest schedules off the bench. But a closed-door address the conservative justice is scheduled to give Monday afternoon has attracted controversy, partly because of who is sponsoring the event...

DOJ Creates Professional Misconduct Review Unit

Posted on January 21, 2011
Amid the national dialogue on prosecutorial malfeasance, the U.S. Justice Department today announced the creation of a team of lawyers that will review cases of intentional and reckless attorney misconduct. The Professional Misconduct Review Unit will examine misconduct findings made by the department’s Office of Professional Responsibility...

IMPORTANT NEW RULING- SUPREME COURT RECOGNIZES THE INNOCENT POSSESSION DEFENSE AND REQUIREMENT FOR AN INSTRUCTION ? CONVICTION REVERSED

Posted on January 20, 2011
On January 20, 2011 the Ky. Supreme Court recognized that a defendent who innocently possessed a controlled substance was entitled to a jury instruction on this defense.  Defendant claimed he picked up a sock containing drugs and wanted to keep it away from his child...

Your New Horoscope Signs ? This changes everything!!

Posted on January 19, 2011
Your New Horoscope Signs – This changes everything!! According to the Minnesota Planetarium Society, here is where the real signs of the Zodiac should fall. Get ready for your world to change forever. Capricorn: Jan. 20-Feb. 16. Aquarius: Feb. 16-March 11...

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