Kentucky

6th Circuit: Traffic stop violated Fourth Amendment

Posted on March 24, 2009
March 19, 2009  The police couldn’t stop a vehicle that was involved in an apparent exchange of drugs with a pedestrian near a store with a reputation for selling drug paraphernalia, the 6th Circuit has ruled in reversing denial of the defendant’s motion to suppress...

6TH CIRCUIT: TRAFFIC STOP VIOLATED FOURTH AMENDMENT - two men talking to each other near store with reputation for selling drugs insufficient basis for traffic stop

Posted on March 24, 2009
March 19, 2009  The Sixth Circuit Court of Appeals recently suppressed evidence obtained in a traffic stop based on insufficient probable cause.  The police couldn’t stop a vehicle that was involved in an apparent exchange of drugs with a pedestrian near a store with a reputation for selling drug paraphernalia, the 6th Circuit has ruled in reversing [...

New York Court to Rule on GPA bug attached to car. Is this a warrantless search?

Posted on March 23, 2009
. New York’s Court of Appeals this week will consider whether police violated the constitutional rights of a burglary suspect when they attached a global positioning tracker to his van without a court warrant. The defendant argued that both his state and federal rights against an unreasonable search were violated...

FBI makes additional allegations against Clay Circuit Judge Cletus Miracle

Posted on March 23, 2009
  Clay County Senior Status Judge Cletus Miracle is alleged by an FBI agent  to have coached a witness to commit perjury and to rig a verdict in a lawsuit.  FBI Agent Timothy Briggs was called by a U.S. Attorney to support the government?s opposition to bail for Miracle...

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Statement from Gov. Steve Beshear on legislative session

Posted on March 23, 2009
March 23, 2009  FRANKFORT, Ky. ??We understand the position of House leadership and appreciate their willingness to get direction from the caucus on how best to move forward to complete what has been a productive legislative session so far. There is broad support in both chambers and in both parties for our economic development incentives package, [...

FEDERAL INDICTMENTS IN CLAY COUNTY ELECTION TAMPERING CASE

Posted on March 21, 2009
INDICTMENTS IN CLAY COUNTY ELECTION TAMPERING CASE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION LONDON UNITED STATES OF AMERICA   V. INDICTMENT NO.   RUSSELL CLETUS MARICLE, DOUGLAS C. ADAMS, CHARLES WAYNE JONES, WILLIAM E...

Court of appeals releases 21 decision March 20, 2009

Posted on March 20, 2009
   The Ky. Court of Appeals released 21 decisions today.   Cases dealt with arbitration agreements sought by nursing homes, waive of arbitration agreements, application of Miranda for students questioned at school, assignibility of legal malpractice claims, contracts, cemeteries, annexation, change in visitation by joint custody parents, Batson challenges, 11...

A Senior Status Judge, Cletus Miracle, and four other Clay County Officials indicted for racketeering and vote buying in Federal Indictments

Posted on March 19, 2009
The Federal indictments allege that officials in Clay County conspired to buy votes in the May 2004 primary election.  Those charged include school superintendent Doug Adams; county clerk Freddy Thompson; Cletus Maricle, a retired circuit judge who is now on senior status; William E...

Ky. Supreme Court issues important rulings this week.

Posted on March 19, 2009
If you are a LawReader subscriber you can log on to KY. SUPREME COURT DECISIONS FOR MARCH 2009 to access 32 important decisions handed down on March 19, 2009.   If you aren?t a subscriber you can sign up at: SIGN UP - PRICING for Lawreader   Selected rulings for March:   Supreme Court disciplines six attorneys this week...

Can Congress Legally Enact a Retroactive Tax Bill to recover AIG bonuses?

Posted on March 19, 2009
By LawReader Senior Editor Stan Billngsley March 19, 2009 The media is throwing around the theory that a retroactive tax bill is a Bill of Attainder which is prohibited by the U.S. Constitution. There is a large body of law which holds that retroactive tax laws, and tax breaks are not ex post facto laws, and are [...

chief justice Minton in favor of opening judiciary to open records rules

Posted on March 18, 2009
  March 18, 2009 Since 1978, the Kentucky Supreme Court has maintained that the state open-records law doesn’t apply to judicial branch agencies. Katie Quitter. Minton’s chief of staff, announced that Chief Justice John Minton Jr. is expected to propose new open-records rules for the judiciary later this year...

Jefferson County Fairness commission calls for leaders to appoint qualified minorities to Kentucky judgeships

Posted on March 18, 2009
        Jefferson County Commission on Racial Fairness Resolution Racial Fairness Commission Resolution FRANKFORT, Ky. – The Jefferson County Commission on Racial Fairness has unanimously passed a resolution that calls for the Judicial Nominating Commission, Chief Justice of Kentucky John D...

Chief Justice Minton, Gov. Beshear announce plans to delay filling judicial vacancies

Posted on March 17, 2009
Plan expected to save state more than $1 million FRANKFORT, Ky., March 17, 2009 – Chief Justice John D. Minton Jr. and Gov. Steve Beshear agreed in February to delay the nominating process for 27 vacant judgeships. The decision has the effect of allowing 23 new senior judges to remain in their current seats for several [...

Why you should add a favorites link in your browser toolbar for LawReader.

Posted on March 17, 2009
  You can speed up your navigation of LawReader by adding a link to www.lawreader.com in your favorites section of your Browser.   Then place an icon from your browser?s Favorites section (at the top of your screen), and drag it to the top tool bar.   This way whenever you leave LawReader you can just click on the [...

Fen Phen retrial delayed due to lawyers illness

Posted on March 17, 2009
The Fen Phen retrial of William Gallion and Shirley Cunningham who are accused of taking millions of dollars from their clients has been postponed until Thursday morning because a defense attorney is ill. Georgia lawyer O. Hale Almand, who represents William Gallion, became dizzy about 4 p...

HB 315 passes. This bill toughens up laws relating to use of sexual predators who use the internet

Posted on March 16, 2009
   See HB 315 ?  This bill affects numerous chapters and adds some new laws:       Amend KRS 510.155 to allow certain acts to constitute prima facie evidence under that section and to include communications that may originate or terminate outside of the Commonwealth;  amend KRS 508...

Courier-Journal Series Blows Whistle on Jefferson Police Officers Failing to Honor Subpoenas. This type of in depth reporting is why newspapers exist.

Posted on March 16, 2009
March 16, 2008  In a five-month investigation, The Courier Journal found that hundreds of felony cases were dismissed in 2007 because officers failed to appear in court. This report may be found at: www.courier-journal.com We could not find a link to the Day One report on the Courier Journal site but hopefully it will be posted shortly...

NKBA announces Mediation CLE this Thursday, March

Posted on March 16, 2009
The NKBA Mediation Section will host a (1) one hour CLE this Thursday, March 19th, 12:00 noon at the NKBA office.  The Honorable James Kruer will present “Stop Yelling at Me! - Mediating With Difficult People”.  How to better communicate with bad communicators...

Ky. Supreme Court hears oral arguments on spousal claims for loss of consortium upon death of spouse as allowed in 40 other states

Posted on March 16, 2009
  Under Kentucky case law a spouse may not claim loss of consortium if the spouse dies.  Some 40 other states hold otherwise and allow such claims.   Strangely the Ky. Sup. Ct. has ignored KRS 411.145 which allows a loss of consortium claim and does not contain language limiting such claims to cases where the spouse survives...

State will not reopen Beverly Hills Supper Club investigation

Posted on March 14, 2009
  Extensive review finds no basis, evidence to reopen 30-year-old case  FRANKFORT, Ky. ? Following a more than three-month review, Gov. Steve Beshear today announced that there is no basis to reopen the investigation into the Beverly Hills Supper Club fire...

Ct. of Appeals topics discussed this week

Posted on March 13, 2009
Read the topics discussed by the Ky. Court of Appeals.  Subscribers can access the full keywords, synopsis and access the full text of all 39 decisions issued on Feb. 20th. LawReader subscribers can read the synopsis and full text of each case by going to:  COURT OF APPEALS DECISIONS FOR MARCH 13, 2009    Subscribers can read the most [...

Jason Nemes to leave AOC post for Dinsmore & Shohl

Posted on March 13, 2009
  FRANKFORT, Ky., March 12, 2009 — Jason M. Nemes announced today that he is leaving his post as director of the Kentucky Administrative Office of the Courts to practice law with Dinsmore & Shohl in Louisville. His resignation is effective April 3, 2009...

MADD accepts $10,000 from County Attorney?s DUI diversion program. They look the other way and ignore Chapter 189A. Will other counties create DUI diversion programs?

Posted on March 12, 2009
  This week the Jefferson County Attorneys office donated $10,000 to Mothers Against Drunk Driving (MADD).  The money was raised from payments made to persons charged with DUI offenses and who were allowed to avoid prosecution by attending the Jefferson County Attorney?s DUI diversion program...

KBA seeks applications for Executive Director position

Posted on March 12, 2009
EXECUTIVE DIRECTOR ? TREASURER POSITION The Kentucky Bar Association (KBA), an agency of the Supreme Court of Kentucky, seeks qualified applicants for the position of Executive Director - Treasurer. The KBA, with nearly 16,000 members, is a unified state bar association with offices in the state capital of Frankfort...

KBA makes plans for 2009 State Convention- author Scott Turow to give Keynote address

Posted on March 12, 2009
KBA makes plans for 2009 State Convention- author Scott Turow to give Keynote addressMake your plans now to attend the 2009 KBA State Convention at the popular Northern Ky. Convention Center.   This is a great opportunity to get some CLE credits, learn what is happening from the Appellate Courts, get a legislative update on the [...

SB5 is a bad law, and it is close to passage. You still have time to contact your legislator and express your concern. See how to do this?

Posted on March 12, 2009
SB5 is a bad law, and it is close to passage.  You still have time to contact your legislator and express your concern.  See how to do this?   SB 5 is working its way into a vote.  This bill has been defeated twice in past sessions but the Judiciary Committee of the House dropped the ball [...

Floor vote imminent on bill seeking to make prior marijuana use an automatic DUI offense ? Amendments also enhances shoplifting charges to C Felony, and punish drinking and boating

Posted on March 12, 2009
Impairment not required. SB 5 seeks to punish prior use of a controlled substance ? including marijuana ? with an automatic DUI conviction. Under the provisions of SB 5, a driver who tests positive for traces of marijuana can be convicted of “driving under the influence” even if that driver is unimpaired at the time of [...

Legislature adopts Cybersafety law to prohibit sex offenders networking on social sites

Posted on March 12, 2009
Attorney General Jack Conway and Representative Johnny Bell today thanked members of the Senate Judiciary Committee for unanimously passing legislation that will strengthen Kentucky laws to protect children from Internet predators.  General Conway, Rep...

U.S. Supreme Court limits arbitration of credit card disputes

Posted on March 12, 2009
The U.S. Supreme Court voted 5-4 Monday in favor of credit card customer Betty Vaden in her dispute with Discover Bank. The court ruled that consumers can sometimes resist credit card companies’ push to move their dispute over finance charges and late fees to arbitration...

Texas Police Seize motorists money and don?t file charges ? Practice called Highway Robbery

Posted on March 12, 2009
  Chicago tribune  March 11, 2009 TENAHA, Texas? You can drive into this dusty fleck of a town near the Texas-Louisiana border if you’re African-American, but you might not be able to drive out of it?at least not with your car, your cash, your jewelry or other valuables...

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