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Kentucky Blog Posts from November 19, 2009

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Kentucky Posts (November 19, 2009)

OP-ED: Atty Donld Vish's special to the CJ re death penalty

I assume Donald won't mind the following posting: The death penalty has put the Constitution on a collision course with itself. The path to collision was cut and cleared in 1976, when the Supreme Court allowed states to reinstate the death penalty based on statutes that used a ?guided discretion' template proposed by the Model Penal Code (MPC). The ?gu
Posted on Kentucky Law Blog on November 19, 2009 at 11:44 PM

LOCAL JUDGES: "Blogger: Judge King went easy on accused friend"

Ed Springston has fired another complaint involving Judge Katie King. This time it is based upon her conduct on the bench (as opposed to the campaign finance violations during her election). Here are a few stories on this point: Jason Riley story on Judge Katie King in the Courier-Journal: vious Blogger: Judge King went easy on accused friend Ed Spring
Posted on Kentucky Law Blog on November 19, 2009 at 11:38 PM

Mediation?s Are Now Being used Post-Trial to Limit Time and Expense of Appeals

  The Arkansas Court of Appeals has made mediation available since last September. Article by Doug Smith     Most laymen think of mediation as a process that’s done before trial, with the hope of avoiding trial. And so it is, but there’s also a lesser-known mediation after trial, with the idea of avoiding a costly appeal. The
Posted on LawReader on November 19, 2009 at 3:36 PM

AG: "Attorney General Conway Announces Agreement With Vonage Regarding Cancellation Issues "

AG Press Release: Attorney General Conway Announces Agreement With Vonage Regarding Cancellation Issues
Posted on Kentucky Law Blog on November 18, 2009 at 11:40 PM

UofL Law School Blog: Justice Brandeis' 153rd Birthday Celebration

Justice Brandeis' 153rd Birthday Celebration By vmsmit06 on Student More photos are avialable on Flickr. For a list of Brandeis quotes, follow our tweets @LouisvilleLaw. The Brandeis Birthday Stamp Commemoration was a great success! All 153 special envelopes were sold. The success of the day was due to many at the law school. Appreciation goes to: Les
Posted on Kentucky Law Blog on November 18, 2009 at 11:13 PM

CRIMINAL LAW - Crime, pattern of criminal abuse, range of dates: Roy Applegate v. Commonwealth of Kentucky (SC 10/29/2009)

Roy Applegate v. Commonwealth of Kentucky 2007-SC-000444-MR October 29, 2009 Opinion by Justice Schroder; all sitting. Applegate was convicted of one count each of first degree rape, first degree sodomy and incest and was sentenced to 30 years imprisonment. On appeal, he argued that the indictment alleged that he raped and sodomized his daughter an uns
Posted on Kentucky Cases on November 18, 2009 at 10:04 PM

CRIMINAL LAW - Admissibility of drug use when no intoxicated: Steve Burton v. Commonwealth of Kentucky (SC 10/29/2009)

Steve Burton v. Commonwealth of Kentucky 2006-SC-000784-MR October 29, 2009 Opinion by Justice Scott; all sitting. After a head-on collision with another vehicle, Burton was convicted of manslaughter, second-degree assault and operating a motor vehicle on a suspended license. On appeal, Burton argued that he was unduly prejudiced by the introduction of
Posted on Kentucky Cases on November 18, 2009 at 9:59 PM

SEARCH AND SEIZURE - Dui Roadblocks: Mark E. Bauder v. Commonwealth of Kentucky (SC 10/29/2009)

Mark E. Bauder v. Commonwealth of Kentucky 2008-SC-000056-DG October 29, 2009 Opinion by Justice Cunningham; all sitting. Bauder entered a conditional plea to DUI charges, reserving his right to appeal the trial court?s denial of his motion to suppress evidence from the traffic stop as a violation of his right against unreasonable seizure. Bauder was p
Posted on Kentucky Cases on November 18, 2009 at 9:53 PM

CIVIL PROCEDURE - Statute of Limitations (SOL) tolled by conduct of defendant: Tim Emberton v. GMRI Inc. (d/b/a Red Lobster Restaurant #349), et al. (SC 10/29/2009)

Tim Emberton v. GMRI Inc. (d/b/a Red Lobster Restaurant #349), et al. 2007-SC-000443-DG October 29, 2009 2008-SC-000109-DG October 29, 2009 Opinion by Justice Scott; all sitting. Emberton sued GMRI after he contracted the hepatitis A virus at one of its Red Lobster restaurants. Following trial, the jury awarded Emberton $8666 in medical expenses, plus
Posted on Kentucky Cases on November 18, 2009 at 9:46 PM

CIVIL PROCEDURE - Dismiss for lack of prosecution: Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski (SC 10/29/2009)

Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski 2008-SC-000112-DG October 29, 2009 Opinion by Chief Justice Minton; all sitting. Plaintiffs in a tort action appealed the trial court?s grant of defendant?s motion to dismiss for lack of prosecution (CR 41.02). The Court of Appeals remanded the case back to the trial court
Posted on Kentucky Cases on November 18, 2009 at 9:41 PM

SCOKY MONTHLY CASE SUMMARY REPORT: October 2009

For a short digest and link to the full text of the published decision of the Supreme Court of Kentucky for October, 2009, CLICK HERE.
Posted on Kentucky Cases on November 18, 2009 at 9:28 PM

ELECTIONS: Filings for Jefferson District Court judge as of Nov. 18, 2009

As of today, here are the current filings for Jefferson District Court judges: Annette Karem1804 Aberdeen Dr. Louisville, KY 40205District Judge30th/1stNonpartisan11/4/2009 Ann Bailey Smith10812 Golden Maple Place Louisville, KY 40223District Judge30th/2ndNonpartisan11/4/2009 Sandra L. McLaughlin5015 Old Federal Road Louisville, KY 40207District Judge3
Posted on Kentucky Law Blog on November 18, 2009 at 7:51 AM

JOB ANNOUNCEMENTS: JOB APPLICANTS SOUGHT BY THE KENTUCKY DEPARTMENT OF PUBLIC ADVOCACY

The Kentucky Department of Public Advocacy (DPA) needs experienced criminal attorneys interested in leading offices or regions and developing people and teams to meet their full potential. Through the DPA, the Commonwealth of Kentucky ensures the constitutionally-mandated representation of its poor and most vulnerable citizens accused of crimes. During
Posted on Kentucky Law Blog on November 18, 2009 at 12:08 AM

Local News: Wayside Opens Hotel to skirt zoning; followed by health department saying they need a health permit

The Wayside Christian Mission employed a marvelously clever legal stratagem to to skirt the zoning board's lack of initiative. Homeless shelters have been around since the turn of many centuries. They are not a new, nor novel concept. They have existed in Louisville for a while too. Now, someone thinks there is a zoning issue? The next two links addres
Posted on Kentucky Law Blog on November 18, 2009 at 12:04 AM


2009-11-19 Posts in other Subject Areas
Academic (197), Criminal Law (187), Legal News (171), Legal Commentary (134), Legal Research (92), Religion & Law (89), Personal Injury Law (85), International Law (85), Intellectual Property Law (60), Loan Modification (58), Litigation (57), Labor & Employment Law (42), Real Estate & Property Law (39), Federal Judiciary (32), Bailout (31), Taxation & Estate Planning (28), Indiana (27), Celebrity Law (26), Miscellaneous (22), Constitutional Law (22), Corporate & Securities Law (22), Legal Writing (20), Patent Law (20), Ethics (20), Estate Planning (18), Election-Campaign Law (18), Politics (18), Bankruptcy (17), Law Students (17), Legal Niches (16), Law Humor (15), Family Law (15), Copyright Law (15), Kentucky (14), Consumer Law (11), Media & Entertainment Law (10), In-House Counsel (9), Corporate Governance (9), Legal History (9), Law Technology (9), Immigration Law (9), Legal Marketing & PR (8), Paralegals & Legal Secretaries (8), Health Law (8), Florida (7), Class Action (5), Disability Law (4), Ohio (4), Environmental Law (4), Law School (3), New Law Blogs (3), Bar Associations (3), Local Law Blogs (3), Massachusetts (3), Legal Journals (3), Practice Management (3), Education Law (3), Public Defense (3), State Courts (3), Personal Blogs (3), New York (2), Banking Law (2), Bad Cops & Prosecutors (2), Careers (2), Energy Law (2), Legal Malpractice (2), Elder Law (1), Solo Practice (1), Obama Citizenship (1), Persaonl Blogs (1), Appellate Law (1), Michigan (1), Arbitration & Mediation (1), Litigation Support (1), Trademark Law (1),
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