Kentucky

Herald Leader Reports that Family Court Judge Tamra Gormley Agrees to Ten Day Suspension ? An Appeal is still pending of prior 45 day suspension.

Posted on January 19, 2011
 By Beth Musgrave   FRANKFORT ? A family court judge has agreed to serve a 10-day suspension without pay in connection with judicial misconduct charges stemming from a child custody case. This is the second disciplinary proceeding against Judge Tamra Gormley, whose district includes Scott, Woodford and Bourbon counties...

U.S. State Secrets Privilege Debated. Justice Scalia Suggests a ?Go Away? Rule

Posted on January 19, 2011
  By ADAM LIPTAK   Jan. 18, 2011  WASHINGTON ? It has been almost 60 years since the Supreme Court last had a hard look at the state secrets privilege, which can allow the government to shut down litigation by invoking national security. In the years since the attacks on Sept...

Courts are required to keep their rulings in abortion matters secret

Posted on January 18, 2011
This week the Courier-Journal reported an appellate decision that was ordered to be kept “secret”.  The decision concerned an abortion request that was denied by the Jefferson Family Court.  Several LawReader users have asked us about this procedure...

U.S. District Judge Danny Reeves, Dismisses Eric Deters Petition for Injunctive Relief Against KBA and Chief Justice Minton

Posted on January 16, 2011
Jan. 15, 2011 In a 27 page opinion issued less than three hours after the hearing, Federal Judge Danny Reeves dismissed the petition for injunctive relief sought by attorney Eric Deters.  Deters sought an order required the Chief Justice of the Kentucky Supreme Court to consider his recusal motion...

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A Legal Fight Is Pending Between the Ky. Bar Association and Attorney Eric Deters Over An Attorneys Right to Seek Recusal of A Bar Association Trial Commissioner ? Federal Judge Danny Reeves Threatens Rule 11 Sanction for Attorney Seeking Injunctive Relief

Posted on January 15, 2011
    On Monday Jan. 10th. Deters filed a pleading in Federal Court seeking injunctive relief due to the refusal of the Supreme Court Clerk to deliver Deters recusal motion to the Chief Justice for his consideration.    Deters cites as grounds for his recusal motion, the allegation that the Trial Commissioner who was assigned to [...

Cincinnati Newspaper Mentions Federal Lawsuit Against Ky. Bar Association

Posted on January 12, 2011
The following newstory was posted on Jan. 12, 2011 on www.cincinnati.com, the website of the Kentucky Enquirer.  It will be published in the newspaper on Jan. 13th. Deters suit seeks halt to Ky. Bar discipline By Jim Hannah ? jhannah@nky.com ? January 12, 2011 COVINGTON ? Lawyer and WLW radio personality Eric Deters has filed [...

Read full text of Deter?s Lawsuit Against KBA

Posted on January 12, 2011
U.S. District Judge Danny Reeves, has set a hearing on the complaint of Eric Deters, for Friday Jan. 14,2011 at Frankfort. The Dters complaint as published by www.Cincinnati.com UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON ERIC C...

Study Concludes Drug Dogs Err 50% of the Time in Making Drug Hits ? Was Judge Billingsley Correct When He Adopted the Shaw Test For Introduction for Drug Dog Evidence?

Posted on January 11, 2011
Study Concludes Drug Dogs Err 50% of the Time in Making Drug Hits – Was Judge Billingsley Correct When He Adopted the Shaw Test For Introduction for Drug Dog Evidence? Fox news. Jan. 8, 2011 Chicago – Thursday, an analysis of state data by the Chicago Tribune showed that drug-sniffing dogs are wrong more often [...

Hollywood Calling! This is your chance to be in a George Clooney movie. Casting calls invited

Posted on January 11, 2011
More than two dozen Greater Cincinnati and Northern Kentucky locations will be used by George Clooney?s ?Ides of March? film crew next month, the regional film commission director said Monday. And the film will need ?hundreds of extras? while shooting three or four weeks in February and March, said Kristen Erwin, Greater Cincinnati ...

REVERSAL RATES IN CASES CONSIDERED ON DISCRETIONARY REVIEW by JASON NEMES

Posted on January 11, 2011
REVERSAL RATES IN CASES CONSIDERED ON DISCRETIONARY REVIEW   By Hon. Jason Nemes               One of the most frequent questions I am asked by attorneys preparing a motion for discretionary review is whether their case, if reviewed, is likely to be affirmed or reversed...

U.S. Supreme Court Upholds Commerce Clause Authority to Regulate Use of Armor and Bullet Proof Vests ? May Indicate Their Position on HealthCare Law.

Posted on January 10, 2011
WASHINGTON ? The Supreme Court gave a strong hint Monday that the justices are not anxious to rein in Congress’ broad power to pass regulatory laws under the Constitution’s commerce clause, the key point of dispute in the pending court battles over President Obama’s health insurance law...

Have Law Schools Become a Scam? ? ?the glut of diplomas, the dearth of jobs and those candy-coated employment statistics have now yielded a crop of furious young lawyers who say they mortgaged their future under false pretenses.

Posted on January 10, 2011
Is Law School a Losing Game?  By DAVID SEGAL  New York Times  January 8, 2011 IF there is ever a class in how to remain calm while trapped beneath $250,000 in loans, Michael Wallerstein ought to teach it. Here he is, sitting one afternoon at a restaurant on the Upper East Side of Manhattan, a [...

CANADIAN FAMILY COURT JUDGE USES DERISION AND BLACK HUMOR TO TRY TO COOL MARITAL INSULTS OF PARTIES ?the wife, had tried to run Larry over with her car ? ?always a telltale sign that a husband and wife are drifting apart,?

Posted on January 09, 2011
(Judge Susan McClure kindly brought this article to LawReader) Spending days ringside to other people’s parents bickering and arguing and general dysfunction takes a soul strong of stomach and long on patience, which is why only a hardy few to be a family court judge...

THE SECOND FEDERAL LAWSUIT IN THE LAST YEAR HAS BEEN FILED AGAINST THE KBA ETHICS ENTITY ALLEGING ATTORNEYS FREE SPEECH RIGHTS.

Posted on January 06, 2011
 LawReader story – Jan. 9, 2011  Both lawsuits are filed in the Eastern District of Kentucky.  The Eric Deters suit was filed in Covington  on Jan. 9, 2011.  A prior lawsuit filed by the ACLU and John M. Berry Jr. was filed in Frankfort and is still pending...

Marcus Cary Introduces Clothing Line to Defeat Airport Scanners. Claims It Will Hide Your Junk.

Posted on January 03, 2011
Marcus Cary Introduces Clothing Line to Defeat Airport Scanners.  Claims It Will Hide Your Junk. A former candidate for the Kentucky Supreme Court, Marcus Cary, an Erlanger lawyer and blogger believes his new business has a solution for those wanting to protect their modesty without a making a scene while going through full body scanners [...

CHIEF JUCTICE COMPLAINS THAT 10% OF ALL FEDERAL JUDGESHIPS REMAIN VACATE DUE TO SENATE?S DILATORY LACK OF ACTION

Posted on January 01, 2011
Dec. 31, 2010 Chief Justice of the United States John Roberts in his annual year-end report sees the Senates failure to confirm enough federal judges as a major problem. Roberts says the nomination and confirmation of federal judges has become a persistent problem...

Now you can get instant weather report for your locality

Posted on December 30, 2010
A network of local weather stations are being erected throughout the state of Kentucky.   You can determine the current weather conditions  for  over 50 locations around the state.  With this service you no longer have to rely on weather reports from Louisville, Lexington or Cincinnati, which may be far different then you location...

KENTUCKY NEEDS TO CONTROL RISING COST OF CORRECTIONS By Tom Handy and Guthrie True

Posted on December 25, 2010
It is uncommon, especially in these days of polarizing political rhetoric, to find two people with significantly different points of view working toward the same goal. Yet that is exactly the situation we find ourselves in as members of a state task force that is looking for solutions to Kentucky’s big and growing challenges in [...

U.S. Supreme Court becoming a tool for corporate interests: study

Posted on December 20, 2010
A study has found that the Supreme Court under Chief Justice John Roberts has undergone a fundamental shift in its outlook, ruling in favor of businesses much more often than previous courts. According to the Northwestern University study, commissioned for the New York Times, the Roberts court has sided with business interests in 61 percent [...

The Kentucky Court Recognizes Limit on Trial Judge?s Discretion in denying Leave to Amend Pleadings.

Posted on December 18, 2010
 By Judge Stan Billingsley (Ret.)      We believe every lawyer should be aware that a Trial Judge’s discretion may have limits. It is possible that you may have an issue in the future since CR 15.01 has the potential for broad application.   The Trial Judge does not have absolute discretion to deny a motion to [...

The Fen Phen case gets curiouser and curiouser ? Plaintiff?s lawyer Angela Ford purchased the William Gallion home with Plaintiff?s funds at foreclosure sale in Nicholasville ? U.S. Attorney protests ? Jessamine Circuit Judge Hunter Daugherty order to set aside the sale pending.

Posted on December 15, 2010
Dec. 15, 2010       LawReader has confirmed from records of the Master Commissioner of Jessamine County that the home of Fen Phen defendant William Gallion was recently sold at a judicial sale.  The Jessamine County Master Commissioner is Chris Stansbury...

Court of Appeals Judge Kelly Thompson Calls For New Rule to Determine Filing Fee for Pauper Inmate Appeals . Calls for expansion of Appeal Time.

Posted on December 15, 2010
  By Judge Stan Billingsley (Ret.)  Dec. 15, 2010     Some Circuit Judges have been using their discretion in determining the amount of a filing fee required of inmates in inmate pauper appeals.  This discretion has required a court order which  sometimes varied from $5...

CONTEMPORANEOUS OBJECTION RULE: The Danger of Relying on Blanket Objections

Posted on December 14, 2010
By Judge Stan Billingsley (Ret.)  Dec. 2010 Banks v. Commonwealth Of Ky. (Ky., 2010)  (No citation available)  (Note difference between an objection raised during opening statement and during the trial.) The Commonwealth introduced evidence that Appellant’s children were found hungry and that their home was in disarray, with animal excrement and urine throughout, and marijuana and [...

Attorney General Stops Waiver of DNA Testing Rights in Federal Plea Deals

Posted on December 05, 2010
Dec. 4, 2010   excerpt from New York Times The value of DNA testing to clear the unjustly convicted is well known. That did not stop the Bush administration from bullying defendants who pleaded guilty to waive their right to seek such testing. Attorney General Eric Holder made the right choice last week, ordering the Justice [...

Domestic Violence Law Does Not Apply to Dating Couples ? Courts lack jurisdiction to issue DV orders if couple doesn?t live together.

Posted on November 23, 2010
By LawReader Senior Editor Stan Billingsley  – Nov. 23, 2010     We have learned that trial courts are still struggling with the definition of “living together” which is the jurisdictional requirement of the Domestic Violence act.   The appellate courts have settled this issue and standards for determining if a couple is “living together” are discussed [...

THE DAY THE RUSSIAN SUPREME COURT CAME TO CARROLLTON. RUSSIA CONTINUES TO FAIL TO UNDERSTAND THE VALUE OF JURY TRIALS

Posted on November 21, 2010
By LawReader Senior Editor Stan Billingsley     Some years ago I received a phone call from a Federal Judge in Louisville.  He asked if I could arrange a  visit of the Carroll County Hall of Justice and Detention Center from members of the Russian Supreme Court who were touring the United States...

Senior Status Judge Roger Elliott Reprimanded over Bad Check Charge, resigns

Posted on November 19, 2010
The Judicial Conduct Commission has publicly reprimanded former Senior Judge Roger P. Elliott, who was indicted last year in Pulaski County on a felony charge of writing a bad check. Elliott, who had been suspended as senior judge pending the outcome of the case, agreed to accept the reprimand and to resign...

The Lexington Herald Leader reports that Family Court Judge Tamra Gormley is accused again of judicial misconduct

Posted on November 19, 2010
“A family court judge who was reprimanded and suspended about a year ago has been accused again of judicial misconduct, according to a notice by the state’s Judicial Conduct Commission. A hearing on charges against Judge Tamra Gormley, whose district covers Scott, Woodford and Bourbon counties, is scheduled for Jan...

NATIONAL TRANSPORTATION SAFETY BOARD CALLS FOR KENTUCKY TO ADOPT SHARIA LIKE LAW FOR DRIVER?S (Punishment before guilt)

Posted on November 17, 2010
By LawReader Senior Editor Stan Billingsley National Transportation Safety Board officials urged Kentucky lawmakers this week to adopt new laws to curb drivers with high blood-alcohol levels and those who are repeat drinking-and-driving offenders. We certainly believe that drunk drivers are a problem, but there are legitimate questions as to whether the Federal Government is [...

LAWREADER COLUMNIST JASON NEMES, CALLS FOR CONSTITUTIONAL AMENDMENT TO GIVE KY. SUP. CT. BETTER CONTROL OF THEIR CASELOAD- PLAN WOULD REDUCE COST AND TIME OF SOME APPEALS

Posted on November 12, 2010
  Hon. Jason Nemes of Dinsmore and Shohl, calls for a reduction in the number of cases the Ky. Supreme Court is required to hear each year.  His plan would reduce the automatic right to appeal to the Supreme Court in certain criminal cases and worker’s compensation cases, but still allow the court to have [...

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