Kentucky

Federal Appeals Court knocks out provisions of new bankruptcy code

Posted on September 05, 2008
Provision That Bans Advice to Add Debt before filing Gets Struck Down   By BRENT KENDALL  Wall Street Journal  Sept. 5, 2008 WASHINGTON — A federal appeals court in St. Louis ruled Thursday that a provision of a sweeping 2005 federal bankruptcy-overhaul law violates the free-speech rights of lawyers...

Fen-phen attorneys Gallion & Cunningham re-indicted

Posted on September 04, 2008
A federal grand jury on Wednesday issued additional charges against two Lexington lawyers accused of taking millions of dollars from their former clients in the Fen Phen diet drug class action settlement.William Gallion and Shirley Cunningham Jr. were originally charged and tried for one count each of conspiracy to commit wire fraud...

Federal Grand Jury Indicts Highway Contractor Leonard Lawson, former Highway Commissioner Charles ?Bill? Nighbert and Brian Russell Billings.

Posted on September 03, 2008
Sept. 3, 2008 A federal grand jury indicted former state Transportation Secretary Bill Nighbert and politically influential road contractor Leonard Lawson on Wednesday, as well as Lawson employee Brian Russell Billings for conspiracy theft from the government and obstruction of justice...

Ky. Supreme Court to review new no-retreat self defense law in two cases

Posted on September 03, 2008
KRS 503.050 was amended in 2006 to express that a person has no duty to retreat before using deadly force in self-protection. The Kentucky Supreme Court plans to review two cases involving the state’s new self-defense law that allows people to shoot dangerous home invaders without fear of prosecution...

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Court of Appeals to hold oral arguments in Highland Heights

Posted on September 03, 2008
   FRANKFORT, Ky., Sept. 2, 2008 - The Kentucky Court of Appeals will hear oral arguments in three cases Thursday, Sept. 11, at Northern Kentucky University Chase College of Law in Highland Heights. Proceedings will be open to the public.   A three-judge panel consisting of Court of Appeals Judges Laurance B...

Court of Appeals to hold oral argument in Shelbyville

Posted on September 03, 2008
FRANKFORT, Ky. – The Kentucky Court of Appeals will hear oral arguments in four cases Monday, Sept. 8, at the Shelby County Courthouse in Shelbyville. Proceedings will be open to the public.  A three-judge panel consisting of Court of Appeals Judges Joy A...

Supreme Court to Hold Oral Arguments in Louisville Sept. 10-11

Posted on September 02, 2008
Supreme Court to Hold Oral Arguments in Louisville Sept. 10-11  FRANKFORT, KY – The Kentucky Supreme Court today announced that oral arguments will be heard in Louisville Kentucky on September 10 -11, 2008.  The Supreme Court sessions will be held Wednesday, September 10th and 11th, in the Allen Courtroom at the University of Louisville Brandeis School of [...

McConnell efforts to limit protection of horses becomes issue

Posted on August 31, 2008
In a Herald-Leader story, reporter John Cheves reports that ?Sen. Mitch McConnell has pressured the U.S. Dept. of Agriculture for years to back off its enforcement of the Horse Protection Act, even threatening to cut the agency?s funding.? See this article at:» McConnell opposed USDA inspectors» Industry says it is addressing abuses» Soring trial videosOne [...

Barry Miller: Widely published Scalia quote re: ?innocense? is inaccurate. We have to agree.

Posted on August 30, 2008
August 30, 2008   LawReader user Barry Miller has brought to our attention a widely published misquote of U.S. Supreme Court Justice Scalia.  We have no idea how this quote arose, but upon review we conclude it is nothing more than an edited version and not the actual words of Scalia...

An Important Upcoming Supreme Court Case Raises Questions About Both the Fourth Amendment and the Weight of Precedent

Posted on August 30, 2008
By VIKRAM DAVID AMAR Aug. 29, 2008 In about a month, the Supreme Court will begin hearing arguments for its 2008-2009 Term. And although, as in recent years, the number of cases slated for full review is down from late-Twentieth-Century norms, there are a number of potentially quite significant cases being heard...

22nd KACDL Annual Criminal Defense Law Conference & Seminar - Nov. 7th. Mark your calendar!!

Posted on August 29, 2008
November 7, 2008. Horseshoe Southern Indiana Resort & Casino (Near Louisville, Ky.) Featured Speakers: Jonathan Turley John Wesley Hall, Jr.  ?The zealous defense attorney is the last bastion of liberty ?the final barrier between an overreaching government and its citizens...

Alaska Governor Sarah Palin named McCain Vice-President.

Posted on August 29, 2008
John McCain has named Alaska Governor Sarah Palin as his Vice-Presidential running mate. Palin is an attractive 44 year old having been first runner up in the Miss Alaska contest in 1984. She is a first term Governor without foreign policy experience...

McCain names Alaska Governor Sarah Palin as his Vice-Presidential candidate

Posted on August 29, 2008

Attorney General Jack Conway issued a warning today about a scam targeting immigrants in Kentucky.

Posted on August 28, 2008
  Investigators report that a man, claiming to be a “notario” or notary, has approached immigrants in two counties saying that he will assist them in obtaining their I-130?s or “green cards” in exchange for cash. Forty-nine-year-old Ronald M...

Executive privilege showdown looms for Congress, White House

Posted on August 28, 2008
   House Democrats schedule a hearing that would put former White House counsel Harriet Miers under oath. The Justice Department prepares a last-ditch court appeal.    By Richard B. Schmitt, Los Angeles Times August 28, 2008  WASHINGTON — Congress and the Bush administration headed for a preelection showdown Wednesday over the issue of executive privilege, with House Democrats scheduling a [...

Chief Justice Minton forms committee to review policy on court records retention

Posted on August 28, 2008
Group will hold first meeting Sept. 4 in Frankfort  FRANKFORT, Ky., Aug. 27, 2008 ¾ Chief Justice of Kentucky John D. Minton Jr. has formed a committee to review how the Kentucky court system retains, destroys and archives court records statewide. The new Court Records Retention Committee, or CRRC, will hold its first meeting Thursday, Sept...

Attorney General Conway Names 2008 Outstanding Commonwealth?s and County Attorneys

Posted on August 26, 2008
  Aug. 26, 2008   Attorney General Jack Conway recently presented awards for the 2008 Outstanding Commonwealth?s and County Attorneys at the Kentucky Prosecutor?s Conference last week in Lexington.   The recipients of the 2008 Outstanding Commonwealth?s Attorney awards are David Flatt, Commonwealth?s Attorney for the 37th Judicial Circuit serving Carter, Elliott and Morgan counties, and Allen Trimble, Commonwealth?s Attorney [...

The ABA way to pick judges

Posted on August 25, 2008
The American Bar Association.  Aug. 25, 2008   Its idea to establish bipartisan panels of lawyers and others to screen federal judges has merit, even if conservatives hate it. August 24, 2008   It sounds like a common-sense idea: Establish bipartisan panels of lawyers and community leaders to screen potential federal judges...

Sarbanes-Oxley Upheld By Court as Constitutional

Posted on August 24, 2008
By David S. Hilzenrath Washington Post August 23, 2008 An appeals court yesterday upheld the Sarbanes-Oxley Act of 2002, dismissing arguments that the government’s attempt to protect investors from repeats of the scandals at Enron and WorldCom gave federal overseers unchecked power...

New managers named for General Butler State Park, Jenny Wiley State Resort Park and Lake Barkley State Resort.

Posted on August 23, 2008
  FRANKFORT, Ky. ? Three new park managers have been appointed by the Kentucky State Parks.    Ty Lindon, who has served in several management positions for parks in Kentucky and Mississippi, was named the park manager at Jenny Wiley State Resort Park near Prestonsburg...

What the Supreme Court?s Habeas Decision Means

Posted on June 13, 2008
By Andy Worthington  Afternnet.com   Those who cherish the United States’ historical adherence to the rule of law — myself included — were delighted to hear that the U.S. Supreme Court ruled on Thursday, in the case of Boumediene v. Bush, that the prisoners at Guantánamo “have the constitutional right to habeas corpus,” enabling them to challenge [...

Diet-drug lawyer defends compensation - Attorneys fought for clients

Posted on June 13, 2008
    By Andrew Wolfson   COVINGTON, Ky. — Confident and composed on the witness stand, attorney William Gallion testified yesterday that he and his co-defendants in the fen-phen fraud trial “got paid a lot of money” for their work on a settlement with the diet drug’s maker, “but I am not embarrassed about it...

U.S. Supreme Court rules that Judge does not have to notify Defendant or Government of plans to sentence outside the Fed. Sentencing guidelines

Posted on June 12, 2008
June 12, 2008   WASHINGTON – The U.S. Supreme Court ruled in the case of Irizarry v. U.S., 06-7517, on June 12,  that judges do not have to notify defendants and prosecutors when contemplating a prison term outside the range called for in federal sentencing guidelines...

Chief Justice Lambert to give final remarks as Justice on June 13th.

Posted on June 12, 2008
    Chief Justice Lambert to give traditional closing remarks June 13 after hearing final oral argument as chief justice. The public and media are invited to attend   FRANKFORT, Ky., June 12, 2008 - Following a tradition of chief justices and justices who have retired before him, Chief Justice of Kentucky Joseph E...

Landmark Ruling: U.S. Sup. Ct. Rules Terror Suspects Can Appeal in Civilian Courts ?

Posted on June 12, 2008
?The laws and Constitution are designed to survive, and remain in force, in extraordinary times,? Justice Anthony M. Kennedy   By DAVID STOUT  New York Times  June 12, 2008 WASHINGTON ? Foreign terrorism suspects held at the Guantánamo Bay naval base in Cuba have constitutional rights to challenge their detention there in United States courts, the Supreme Court [...

Lawyer defends payments in diet-drug case

Posted on June 12, 2008
By Andrew Wolfson ? awolfson@courier-journal.com ? June 12, 2008 function NewWindow(height,width,url) {window.open(url,”ShowProdWindow”,”menubars=0,scrollbars=1,resizable=1,height=”+height+”,width=”+width); } function NewWindow(height,width,url) { window...

Commission on Human Rights to hear Simpson County American Legion Whites Only policy

Posted on June 12, 2008
LOUISVILLE ? The Kentucky Commission on Human Rights will hold an administrative hearing tomorrow, June 11, and Thursday, June 12, to determine whether American Legion Post 62 in Franklin has violated civil rights laws. The complaint by Kentucky Commission on Human Rights Commissioner Priscilla Johnson and Al Shadi against the American Legion Post 62 alleges discrimination [...

Court orders pay raise for New York State justices on constitutional grounds

Posted on June 12, 2008
  BY ELIZABETH MOORE -| Newsday  June 11, 2008 A judge has ordered Gov. David A. Paterson and the state Legislature to boost the pay of New York’s judges within 90 days. State Supreme Court Justice Edward Lehner of Manhattan ruled Wednesday that state officials “have unconstitutionally abused their power by depriving the judiciary of any increase [...

Fen Phen lawyer denies he ordered destruction of documents

Posted on June 12, 2008
      By Beth Musgrave Lexington Herald Leader   COVINGTON — June 12, 2008   A lawyer accused of taking millions of dollars that should have gone to his former clients in a class-action settlement testified Thursday that an associate was mistaken when she testified that he instructed her to destroy documents related to the settlement...

William Gallion denies he order destruction of Fen Phen documents

Posted on June 12, 2008
By Beth Musgrave Lexington Herald Leader   COVINGTON — June 12, 2008   A lawyer accused of taking millions of dollars that should have gone to his former clients in a class-action settlement testified Thursday that an associate was mistaken when she testified that he instructed her to destroy documents related to the settlement...

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