Kentucky

KENTUCKY TORT REPORT: COA 2010 Minutes July 23, 2010 (Nos. 702-728)

Posted on August 02, 2010
KENTUCKY TORT REPORT: COA 2010 Minutes July 23, 2010 (Nos. 702-728) Above link to minutes is full text of minutes with link to full text of each decision. Total number of decisions: 27 Published Decisions: 4 (704, 707, 713, 718) Tort, Civil, Insurance, Workers Compensation: 8 (702, 708, 715, 718, 720, 723, 727, 728) PUBLISHED DECISIONS WITH SHORT SYNOPSIS AND LINK TO FULL TEXT OF EACH: 702...

Ky Court Report: COA Argument Calendar for AUGUST 2010 - Aug. 4, 9, 10, 18, 19, 25, 26

Posted on August 02, 2010
The Kentucky Court Report has posted the COA Argument calendar for August 2010. A short synopsis of decisions to be heard with a link to the full calendar. COA Argument Calendar for AUGUST 2010 - Aug. 4, 9, 10, 18, 19, 25, 26

KY COURT REPORT: COA 2010 Minutes July 23, 2010 (Nos. 702-728)

Posted on August 01, 2010
COA 2010 Minutes July 23, 2010 (Nos. 702-728) Above link to minutes is full text of minutes with link to full text of each decision. Total number of decisions: 27 Published Decisions: 4 (704, 707, 713, 718) Tort, Civil, Insurance, Workers Compensation: 8 (702, 708, 715, 718, 720, 723, 727, 728) PUBLISHED DECISIONS WITH SHORT SYNOPSIS AND LINK TO FULL TEXT OF EACH: 705...

FAMILY LAW: COA Decision addressess child support modification when parents income and expenses, as well as time with children, are basically the same

Posted on August 01, 2010
Child support guidelines are useful but what about what is the proper standard for modification of child support where each parent enjoys nearly equal physical time with the children, each parent earns nearly equal income, and each parent pays nearly equal amounts of other expenses related to the children...

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LOCAL: Karen Sypher Trial Updates and Pitino Pundits aPlenty

Posted on August 01, 2010
Which wins - a criminal defendant's right to a fair trial, the freedom of the press, or free speech? Well, it does seem that the Sypher trial is bringing opinions aplenty. I posted some time ago that I figured there would be enough legal pundits jumping in with their opinions on this case so that mine would not be shared, but I would post links to news stories simply as an update...

TORT REPORT: COA 2010 Minutes July 9, 2010 (Nos. 657-672)

Posted on July 25, 2010
TORT REPORT: COA 2010 Minutes July 9, 2010 (Nos. 657-672) Above link to minutes is full text of minutes with link to full text of each decision. Total number of decisions: 16 Published Decisions: 2 (658, 661) Tort Decisions: 661, 662, Workers Comp: 671 TORT DECISIONS (CIVIL, INSURANCE, TORTS): 661...

JUDICIAL ELECTIONS: Sixth Circuit Decision Opens Door to Further partisan politics in judicial elections

Posted on July 13, 2010
Due to the unique relevance to lawyers, judges, and the current campaign season, I have posted substantial portions of this story by Andrew Wolfson. One comment on the story posted on-line basically sees the writing on the wall if the changes continue in the current direction; eg...

CRIMINAL: Karen Sypher Trial - "Sypher lawyer wants judge to dismiss jury panel "

Posted on July 13, 2010
From the Courier Journal: Sypher lawyer wants judge to dismiss jury panel Karen Sypher's lawyer asked a federal judge Tuesday to dismiss the entire pool of potential jurors in her extortion case, saying 60% have indicated they have already formed an opinion about her and the charges she faces...

LOCAL: Two stories on Karen Sypher upcoming federal trial; NO THREE!

Posted on July 09, 2010
The Karen Sypher trial is about to begin. Here are two recent stories: Karen Sypher's lawyer offers scant details about her defense Read Comments(16) Recommend Karen Cunagin Sypher's lawyer filed a trial memorandum Thursday that describes the elements required to prove the extortion charges against her but offers no details about her defense...

LOUISVILLE: "Amnesty offered for illegal homestead exemptions"

Posted on July 08, 2010
From the Courier Journal: Amnesty offered for illegal homestead exemptions Read Comments(15) Recommend Jefferson County property owners who are claiming homestead exemptions to which they are not entitled, either wittingly or unwittingly, can drop the deduction without penalty through July 31...

Lawsuit filed against Louisville, police over wrongful murder conviction

Posted on July 08, 2010
From the Courier Journal: Lawsuit filed against Louisville, police over wrongful murder conviction Read Comments(69) Recommend(3) A Louisville man who spent nine years in prison after being wrongfully convicted in a homicide case has sued the city and several Louisville police officers, claiming that evidence of his innocence was ignored for years...

" Louisville man pleads not guilty in 8 murders"

Posted on July 08, 2010
From the Courier Journal: " Louisville man pleads not guilty in 8 murders Louisville felon Ricky Kelly is charged in a string of murders that began during one of the deadliest periods in the city's history.

CAMPAIGN FINANCES: "Lawsuit challenges $100 contribution limit to school board candidates"

Posted on July 05, 2010
From the Bluegrass Politics Blog (Herald-Leader): The following post addresses a lawsuit re limitations on campaign contributions to school board candidates. The nibbling is now beginning on limitations following the US Supreme Court's decision regarding corporate contributions to political races...

NEWS: Riding the Circuit - Legal News from around the state this past Two weeks (ending July 5, 2010)

Posted on July 05, 2010
From the Courier Journal: Otter Creek prison monitoring flawed Poll finds many are sketchy on U.S. history Charges against 5-year-old point out flawed system, critics say (75) (7/3/10) Cause of Louisville baby's death after being found at day care undetermined (18) (7/2/10) Kentucky renews Passport contract, including hospital funding (10) (7/2/10) Woman charged with murder, drunk driving in death of 11-year-old boy struck while riding his bicycle (23) (7/2/10) Great weekend turns tragic for family of boy fatally struck by car (26) (6/29/10) Funeral service held for 11-year-old Dylan Geitgey who was killed in crash (2) (7/1/10) Local News: Boy fatally struck by car known as upbeat, spirited Local News: 11-year-old boy dies after being struck by car Oops! Thomas Jefferson made Freudian slip in Declaration of Independence (11) (7/2/10) Former mine safety analyst indicted (8) (7/1/10) Prosecutors, defense disagree on how to dismiss 30-year-old rape case (7) (7/1/10) Toyota says 270,000 vehicles have faulty engines (15) (7/1/10) Family of man convicted in 1990 rape claims trial errors (3) (7/1/10) Humana, University of Louisville feud costs patients (9) (7/1/10) Felner's alleged conspirator seeks dismissal of charges (1) (6/30/10) Driver in fatal crash with LMPD officer may have been under influence, report says (60) (6/30/10) Tea party sticker gets man indicted for vandalism (180) (6/30/10) Misspelling lands mom in jail (15) (6/30/10) Jury spares life of Lloyd Hammond in triple-murder trial (72) (6/29/10) Oldham: Friends, family mourn Oldham County attorney Local News: Oldham attorney Fendley near death after being kicked by horse Local News: Rick Pitino vs...

In Memoriam: "Hundreds gather to remember life of Oldham Co. Attorney John Fendley"

Posted on July 04, 2010
From WHAS 11: Hundreds gather to remember life of Oldham Co. Attorney John Fendley (WHAS11) - Hundreds of people gathered inside DeHaven Baptist Church in LaGrange to remember the life of Oldham County Attorney, John Fendley. County police cruisers lined the streets at 600 West Main Street...

NEWS: Riding the Circuit - Legal News from around the state this past week (June 20, 2010)

Posted on June 20, 2010
From the Courier Journal: Ethics charges against PVAs reinstated (2) (6/18/10) Court won't review award (6) (6/18/10) Ex-Lexington airport head pleads guilty to theft (1) (6/18/10) Court says pregnant woman taking illegal drug can't be charged with endangering child (81) (6/17/10) Court says inmate can't face death penalty (8) (6/17/10) Lawyer reprimanded for Comair ad (2) (6/17/10) Defendant in doctor's slaying found competent for trial (1) (6/17/10) Anchorage police officer suspended over racist e-mail (147) (6/16/10) JCPS student-assignment plan challenged in new suit (103) (6/16/10) Somali Said Biyad competent to stand trial in kids' murders at Iroquois Homes (11) (6/15/10) Legislature protects crime victim notification services (7) (6/15/10) Fed adopts rules to protect credit card customers (6/15/10) From Kentucky Open Government Blog: New blog for Rockcastle County starts with open-government concerns By Al Cross Issues of open government are the topic of the first post in a new blog for Rockcastle County, where a local water association has barred its customers from attending its board meetings "despite numerous protests by many of its water-user members," blogger Elmer Whitler writes on Rockcastle County News, which he says is "devoted to news and opinion on events and conditions important for improving life for all those who live in Rockcastle County...

SC: "Court says pregnant woman taking illegal drug can't be charged with endangering child"

Posted on June 20, 2010
From the Courier Journal: Court says pregnant woman taking illegal drug can't be charged with endangering child (81) (6/17/10) FRANKFORT, Ky. -- The Kentucky Supreme Court ruled Thursday that a woman who takes illegal drugs while pregnant can't be charged with endangering her child...

From the Courier Journal: "Ethics charges against PVAs reinstated (2) (6/18/10)"

Posted on June 20, 2010
Ethics charges against PVAs reinstated (2) (6/18/10) FRANKFORT, Ky. -- The Kentucky Court of Appeals Friday reinstated ethics charges brought against 11 property valuation administrators for hiring or promoting members of their families. The PVAs were charged in 2008 by the Executive Branch Ethics Commission with violating the part of the state government ethics code that prohibits state officials from using their position to obtain financial gain for themselves or their family members...

KBA Young Lawyers Section Seeking Volunteer Lawyers for Disaster Assistance

Posted on June 12, 2010
From the Kentucky Bar Association: Dear Colleagues -- At the request of the Federal Emergency Management Agency (FEMA), the Young Lawyers Section of the Kentucky Bar Association is seeking volunteers to assist with disaster legal services in response to severe storms, tornadoes, flooding, and mudslides that devastated hundreds of residents of the Commonwealth on May 1...

NEWS: Riding the Circuit - Legal News from around the state this past week (June 12, 2010)

Posted on June 12, 2010
From the Courier Journal: Ruling says Passport is covered by Open Records Act FRANKFORT, Ky. -- The contractor running the Medicaid managed-care program in the Jefferson County region is a public agency whose records are covered by the Kentucky Open Records Act, the attorney general's office ruled Wednesday...

LOUISVILLE: "Judge will allow prosecutors to argue Ivan Cano was sexually assaulted"

Posted on June 03, 2010
From the Courier Journal: Judge will allow prosecutors to argue Ivan Cano was sexually assaulted A Jefferson Circuit Court judge will allow prosecutors to tell jurors in closing arguments of Cecil New's October murder trial that he sexually assaulted 4-year-old César Ivan Aguilar-Cano before killing him in July 2007.

NEWS: Legal news from around the circuit this past week (May 30, 2010)

Posted on May 30, 2010
From the Bluegrass Politics Blog (Herald-Leader): Sen. Neal denounces Paul?s comments on civil rights General Assembly approves texting ban, tougher DUI law By John Cheves - jcheves herald-leader.com FRANKFORT -- The Kentucky House gave final approval Thursday to a ban on text messaging while driving -- a measure once thought imperiled for the session -- and a second bill that will toughen the drunken driving law...

NEWS: Predatory legal billings by companies that purchase delinquent tax liens is subject of Jefferson county lawsuit filed by attorney James Ballinger

Posted on May 26, 2010
Whether or not it is legal, it is clearly not right. If it is legal, then the state needs to control this practice of legal billing blackmail for purchasing late tax bills. If the taxpayer can't pay the taxes, the tax bill purchasers get the foreclosure...

Judges: "Judge Knopf named to Kentucky ethics commission"

Posted on May 26, 2010
From the Courier Journal: Judge Knopf named to Kentucky ethics commission Retired Judge William L. Knopf has been named to fill an unexpired term on the Executive Branch Ethics Commission that ends in July 2012.

IN MEMORY: Former Ky Supreme Court Justice Walter Baker Dies

Posted on May 26, 2010
From the Courier Journal: Ex-lawmaker Walter Baker dies Former legislator and state Supreme Court Justice Walter A. Baker, who upon his appointment to the high court in 1996 was described by one lawyer as being "as near perfect as a human being can be," died Monday in Glasgow after a battle with cancer...

READERS WRITE TO CJ: "Jurors' responsibilities" by Judge Charles L. Cunningham, Jr.

Posted on May 23, 2010
From the Courier Journal: The following letter to the editor was written by Jefferson Circuit Court Judge Charles Cunningham - - - As a society, we ask an awful lot of persons who serve as jurors. We command their attendance, dictate their behavior, and impose extraordinary responsibility upon them...

NEWS: Legal news from around the circuit this past week (May 23, 2010)

Posted on May 23, 2010
Legal news around the circuit: From the Courier Journal: Stephanie Pearce Burke, Mason Trenaman move on in Jefferson District Court race Louisville defense attorney Stephanie Pearce Burke and Mason Trenaman, an appointed district judge, are moving on to face each other in the November general election for Jefferson District Court's 14th Division seat...

LEGAL BLOGS: A short review of useful posts fro John Day's Day on Torts Blog

Posted on May 17, 2010
Sometimes I just like to play catch up on some really good trial and law blogs to get back to what is good and needed to try cases and practice law. Well, John Day out of Tennessee has one of those blogs. After spending four days in court on a case, I thought it would be a good time to decompress over some trial tips and other stuff: This is the first one I came to, and it reminded me of the flip side of the "constructive cross" which is a cross-examination with no punch or substance asking questions of no consequence and which basically are misleading, irrelevant and a waste of time...

NEWS: Legal news from around the circuit this past week (May 15, 2010)

Posted on May 16, 2010
Legal news around the circuit From the Courier Journal: Editorial | C-J Endorsement Checklist Here are the candidates in selected races in Tuesday's primary election in which The Courier-Journal has made endorsements. Poll: Sitting judges outscore challengers All of the Jefferson County judges up for election this year outscored their challengers in a recent Louisville Bar Association poll...

BLOG: I am BACK! Been out for a week in trial.

Posted on May 16, 2010
Please do not think I have been on a holiday this past week. I was trying a motor vehicle case involving back surgery with defenses of disputed liability and causation (priors and claim of minor impact). My client was awarded over $312,000. Four days in trial, some issues with the technical equipment, but all is well that ends well.

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