Kentucky

Texas Supreme Court considers how far courts should go in allowing electronic discovery

Posted on April 08, 2009
  How Far Is Too Far in E-Discovery? By Mary Alice Robbins   Texas Lawyer   April 7, 2009 In oral arguments last week, the Texas Supreme Court wrestled with how far courts should go in allowing electronic discovery. In Re: Weekley Homes LP raises an issue of first impression for this state’s Supreme Court: Can a trial court order one [...

Allegations against Federal Prosecutors aired as Sen. Stevens conviction faces dismissal

Posted on April 07, 2009
  Excerpts from New York Times article  April 6, 2009   Lawyers poring over the wreckage of the Senator Ted Stevens trial said they believed the case had been poorly managed and inadequately supervised, lacked sufficient resources and been hampered by conflicts between prosecutors and F...

U.S. Supreme Court to rule on ?Civil Commitment? of sex offenders. 4th. Circuit Ct. of Appeals had thrown law out which allows sex offenders to be held in jail indefinitely.

Posted on April 07, 2009
April 6, 2009 The Chief Justice has delayed the release of 77 convicted sex offenders, who have served out their criminal sentence and are being held under the Adam Walsh Child Protection and Safety Act.  Under this act, the courts can order a sex offender be held in jail  indefinitely for the protection of the public...

U.S. Supreme Court Disallows Confession obtained when Defendant?s ?Presentment Rights? to a magistrate were delayed more than six hours

Posted on April 07, 2009
The U.S. Supreme Court recognizes a defendant?s “presentment right” after arrest, and finds that a six hour delay while confession was obtained is error.  The Presentment Right is the right of a defendant to be taken before a judge promptly after his formal arrest...

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the loss of a peremptory challenge due to a state court?s good-faith error is not a matter of federal constitutional concern

Posted on April 07, 2009
The embattled peremptory challenge got no help from the United States Supreme Court today in Rivera v. Illinois.    Rivera tried to strike a juror in his Illinois state court trial.  The trial judge said no, finding a Batson violation, and seated the juror...

A criminal charge may not be dismissed or diverted before trial or motion for directed verdict, without agreement of both the prosecutor and the court.

Posted on April 06, 2009
A criminal charge may not be dismissed or diverted before trial or motion for directed verdict, without agreement of both the prosecutor and the court.    This rule prevents the court or the prosecutor to ?divert? or dismiss a criminal charge without the agreement of both parties...

The economic downturn is hitting the legal world hard. Pay and jobs are being cut, and even the third year of law school is being trimmed.

Posted on April 05, 2009
  Excerpts from the New York Times- April 4, 2009   According to The American Lawyer  big law firms may be hurtling toward ?a paradigm-shifting, blood-in-the-suites? future as law firms are closing and associates are being laid off.  The Law Shucks blog has a ?layoff tracker,? and it is grim reading...

Ct. of Appeals panel issues important new case on prosecutorial misconduct. Judges Keller, Dixon and Wine hit a home run for justice on this one.

Posted on April 04, 2009
On April 3, 2009 the Court of Appeals in HINES V. COM. OF KENTUCKY  2006-CA-001166   rendered an important  decision that granted a new trial in a case that was originally tried in 2002.  The decision was authored by Judge Michelle Keller and joined in by Judges Dixon and Wine...

Fen Phen attorneys Shirley Cunningham Jr., and William Gallion were convicted by a Federal jury in Franklin County on all counts.

Posted on April 03, 2009
The jury’s guilty verdict came after two days of deliberations and after hearing more than five weeks of testimony in the trial that began Feb. 17. The two men could spend decades in prison, and may also have to repay their clients millions of dollars...

Fen Phen jury deliberates for seven hours?back to work Friday morning.

Posted on April 02, 2009
A federal jury in Frankfort began considering the fate of William Gallion and Shirley Cunningham Jr. on Thursday morning in the 2nd. trial for the Fen Phen defendants .  They recessed after deliberating for seven hours, and will continue on Friday. The 12-member panel ? seven women and five men ? asked for an easel, markers [...

Attorney General Eric Holder?s virtually unprecedented statement on Government?s Motion to Dismiss conviction in United States v. Sen. Theodore F. Stevens.

Posted on April 01, 2009
Attorney General Eric Holder’s virtually unprecedented statement on Government?s Motion to Dismiss conviction in United States v. Sen. Theodore F. Stevens.   April 1, 2009  “In connection with the post-trial litigation in United States v. Theodore F...

Speaker of the House Greg Stumbo blames Senate GOP for failure of Ky. Speedway Incentive legislation

Posted on April 01, 2009
  Speedway Needs Kentucky Workers By Speaker of the House Greg Stumbo                                   April 1, 2009             For those who think of fast cars instead of the beach when they hear the word “Daytona,” one item in particular stood out during the recent legislative session: A tax incentive package to help Kentucky Speedway at Sparta land a NASCAR race...

Our LawReader Science Editor, Wayne Billingsley of Billingsley Aerospace reports historic low levels of Sun spot activity. Could this have affected the stock market?

Posted on April 01, 2009
April 1, 2009: The sunspot cycle is behaving a little like the stock market. Just when you think it has hit bottom, it goes even lower.   2008 was a bear. There were no sunspots observed on 266 of the year’s 366 days (73%). To find a year with more blank suns, you have to go [...

U.S. Supreme Court makes important rulings re: Public Defender Pay for Federal Clemency appeals of Death Row Inmates, arbitration of Union age discrimination claims, and a requirement for cost-benefit analysis for power plants

Posted on April 01, 2009
  On Wednesday April 1st., the U.S. Supreme Court made important rulings re: Public Defender Pay for Federal Clemency appeals of Death Row Inmates, and Union age discrimination claims, and a requirement for cost-benefit analysis for power plants 1)  The court ruled that the federal government should pay federally appointed lawyers for working on state clemency requests [...

Legislature adopted 108 bills during the 2009 Session. Effective date of these laws announced by Attorney General.

Posted on April 01, 2009
The Kentucky Attorney General historically provides a legal opinion after every session of the General Assembly, in which he determines the effective date of legislation adopted during the preceding session.  This is relied upon by the courts to determine when old laws are revoked or superceded by amendments, or new laws become effective...

CLE deadline approaches June 30th. Do you have enough credits?

Posted on April 01, 2009
By LawReader Senior Editor Stan Billingsley                         April 2, 2009 Every attorney, in order to maintain their law license, must earn 12.5 hours of CLE each year with two of those hours being Ethics Credits. At LawReader I write a weekly synopsis of every Kentucky Appellate decision...

The Kentucky Supreme Court Adopts Important New Criminal and Civil Rules

Posted on March 31, 2009
March 31, 2009 Important topics affected by these rule changes include: use of subpoenas in civil cases, discovery, location of discovery, sentencing, probation, appeals, bail, conduct of a defendant at trial and a number of other topics.  A new rules designed to assure privacy of litigants in court filings has been adopted by the court...

IRS TAX FORM FOR EXTENSION

Posted on March 31, 2009
Extension of Time to File Your Tax Return If you need an extension to file your 2008 tax return you can use Form 4868 to gain an additional six months.  Just click the form link below, and mail before April 15th. Form 4868, Application for Automatic Extension of Time To File U...

Tobacco Industry Disappointed as U.S. Supreme Court refuses chance to re-consider $79 million Dollar punitive damage award

Posted on March 31, 2009
March 31 (Bloomberg) — The U.S. Supreme Court dismissed Philip Morris USA Inc.?s appeal of a $79.5 million smoker award, declining to rule in a case that business groups had hoped would lead to tougher restrictions on punitive damages.  The justices today issued a one-sentence order throwing out the Altria Group Inc...

Court Facilities Standards Committee to review judicial center projects planned for Hopkins, Owen and Todd counties

Posted on March 30, 2009
March 30, 2009 Frankfort, Ky. — The Court Facilities Standards Committee will meet to discuss judicial center projects planned for Hopkins, Owen and Todd counties at 10 a.m. Friday, April 3, at the Administrative Office of the Courts in Frankfort...

When a child?s tax deduction is claimed by both parents who wins?

Posted on March 29, 2009
  State law grants a great deal of discretion to the Circuit Court (or Family Court) to make this call.  However, Federal law in the tax code conflicts with the case law of Kentucky on this issue.  In cases where there has never been a ruling by the Circuit Court, then Federal law which provides a [...

Incorrect representations of parole eligibility repeatedly claimed on appeal. How Hard would it be for the courts, the AOC or Dept. of Corrections to solve this problem?

Posted on March 28, 2009
 We see a continuing problem raised on appeal regarding plea bargaining procedures.  Defendants repeatedly raise the issue that they enter guilty pleas but claim they were misinformed that they were not eligible for parole consideration due to enhancement rules inherent in mandatory sentencing laws...

Important topics discussed by Ct. of Appeals this week

Posted on March 28, 2009
topics for march 27, 2009 arbitration- claim of fraud-jurisdiction court to review arbitration award appeal SOVEREIGN IMMUNITY OF OFFICIALS WHO COLLECT TAXES-WAIVER ?PERFORMANCE BOND standing of rejected bidder to contest issuance of contract polling of jury-altering verdict form in courtroom- mistrial prejudgment interest-award of attorney fees-division of pension on dissolution distribution    maintenance award past the age of sixty-five contract for sale [...

Court Adopts New Law Concerning Duties of Partners in Limited Liability companies

Posted on March 28, 2009
The Court of Appeals this week adopted new law relating to Limited Liability companies.  This important appellate ruling can be found by LawReader subscribers in the Weekly Decisions of the Ct. of Appeal ruling for March 27, 2009. To read the complete synopsis and to find the complete text of this important decision go to: COURT OF [...

General Assembly?s 2009 session ends- See important bills passed

Posted on March 27, 2009
  March 27, 2009  FRANKFORT ? The Kentucky General Assembly?s 2009 session gaveled to an end today, capping 29 days of legislative activity that included the passage of bills on school testing reform, drug screening and treatment for felony offenders, and tracking for payday lenders...

Missouri Implements New Model for Juvenile Justice Program

Posted on March 27, 2009
    By SOLOMON MOORE  New York Times  March 26, 2009   ST. LOUIS, Mo. ? VonErrick celebrated his 14th birthday last year by committing a daylight carjacking, beating the driver to the ground. With a long record of truancy, assault, and breaking and entering, he was sent to a state group home ? the same home that [...

House Leaders conclude legislative session without considering pending bills changed by Senate

Posted on March 26, 2009
Press release issued by Ky. House of Representative leaders:  Frankfort ? The Kentucky House of Representatives ended today what has widely been called one of the most successful legislative sessions in recent memory.              ?This has been a highly productive time for all of Kentucky, from resolving the current budget crisis to enacting a multi-billion dollar road [...

Chief Justice Minton releases Opinion Letter on Kentucky Court Facilities Construction Program

Posted on March 25, 2009
Opinion Letter on Kentucky Court Facilities Construction Program Read:  Geisen Opinion Letter 3-19-09.pdf Table of Bonding Status of Current Projects Read Construction Project Table 3-24-09.pdf FRANKFORT, Ky. — Chief Justice of Kentucky John D...

Clay County Circuit Judge R. Cletus Miracle bail hearing expands issues

Posted on March 24, 2009
In a bail hearing for former Clay Circuit Judge Cletus Miracle, FBI special agent Timothy Briggs testified at length, saying Maricle was involved in “directing” a witness on how to testify to the grand jury investigating the alleged election-fraud case - an accusation included in the indictment issued last week...

U.S. Sup. Court to hear case re: Strip Search of 13 yr. old female student

Posted on March 24, 2009
A  strip search of a female student, Savana Redding of Arizona,  has reached the U.S. Supreme Court, which will hear oral arguments on April 21. She was 13 and in eighth grade.   The case will require the justices to consider how much leeway school officials should have in policing zero-tolerance policies for drugs and violence, and [...

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