Kentucky

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, 2009
A 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, 2009
FRANKFORT, 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, 2009
Law 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, 2009
April 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...

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Can the prosecutor amend down DUI charges? This question is not definitively resolved.

Posted on April 29, 2009
Can 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, 2009
  FRANKFORT, 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, 2009
In 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, 2009
Terry 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, 2009
Court 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, 2009
April 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, 2009
LawReader 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, 2009
April 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, 2009
It’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, 2009
April 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, 2009
Codell 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, 2009
The 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, 2009
Jamie 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...

AOC ANNOUNCES ERRORS IN THEIR PRESS RELEASE RE: NEW RULES OF CONDUCT

Posted on April 18, 2009
Jamie 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, 2009
 LawReader: 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, 2009
Revised 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...

Revised Supreme Court Rules of Professional Conduct that become effective 7-15-2009

Posted on April 16, 2009
Revised 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, 2009
 FRANKFORT, 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, 2009
Russell 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, 2009
Details 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, 2009
Bankruptcies 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, 2009
I?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, 2009
  Defendants 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, 2009
David 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, 2009
April 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, 2009
By 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...

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