Kentucky

February 2008 Court of Appeals Argument Calendar posted.

Posted on February 01, 2008
February 2008 Court of Appeals Argument Calendar posted. 

February 1, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:06)

Posted on February 01, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week.  For our copy of the minutes, click here. 39 rendered decisions - Numbered 102-140 5 published - 112;  113;  114;  116;  119...

COURTS: Chief Justice Lambert, lawmakers announce legislation to open court proceedings in child-protection cases

Posted on January 31, 2008
FRANKFORT, Ky., Jan. 30, 2008 - Chief Justice Joseph E. Lambert, Rep. Susan Westrom and Rep. Tom Burch announced legislation at a news conference today that would open certain Kentucky child-protection proceedings to the public. Child-protection court cases typically involve dependency, neglect and abuse, and termination of parental rights...

COURTS: Judge rules Ragland civilly liable in 1994 death of UK football player

Posted on January 29, 2008
Shane Ragland liable in UK player's death, judge rules HERALD LEADER Fayette judge ruled Monday that Shane Ragland is liable in the death of Trent DiGiuro, the University of Kentucky football player who was gunned down in 1994.  The question of how much Ragland owes the DiGiuros has not been determined...

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COURTS: "Settlement tops $79 million in diocese suit"

Posted on January 29, 2008
Settlement tops $79 million in diocese suit HERALD LEADER About 240 people have now been awarded more than $79 million in a class-action settlement between victims of sexual abuse at the hands of church officials and the Roman Catholic Diocese of Covington in Northern Kentucky...

FILING DEADLINE TUESDAY FOR JUDICIAL RACES (1/29/2008)

Posted on January 29, 2008
The last date for filing to be on the May primary ballot is Tuesday, Jan. 29, 2007 at 4:00 p.m. The list of those who have filed thus far, can be found by clicking here. Election Calendar for 2008 can be found at the Kentucky Board of Elections web site by clicking here...

BLOG: Some "comments" on the "comment" feature of this publication

Posted on January 29, 2008
As most know, this blawg has a feature which allows and even encourages posting of comments about the law.  Although, I have no "policy" on comments as such, I would like to take this opportunity to explain how this feature works and what comments remain and what stay...

JUDICIAL ELECTION FILINGS: Here are the filings in Jefferson County races per SOS web site tonight!

Posted on January 29, 2008
Although these are obviously not final, but the web site seem complete since it reflects the last minute withdrawl of Ron Lewis and last minute filings of other candidates for his congressional seat. Clayton is unchallenged and wins be default.  Six are vying for the circuit court bench, and 17 are in the race for district court...

COURTS: CJ Lambert to propose opening juvenile civil proceedings; not juvenile criminal proceedings

Posted on January 29, 2008
Proposal on child hearings due HERALD LEADER Chief Justice of Kentucky Joseph E. Lambert will announce Wednesday that legislation will be filed that would open child protection courts to the public. The proposal will not apply to juvenile criminal proceedings, only to cases that involve children deemed by the state to be neglected or abused...

COURTS: "Judge pushes up date, urges settlements in Ky. plane crash case"

Posted on January 29, 2008
Judge pushes up date, urges settlements in Ky. plane crash case HEARLD LEADER The liability case against Comair for an August 2006 deadly plane crash in Kentucky will head to trial much earlier than expected. . . . U.S. District Judge Karl Forester announced he is setting a new trial date of Aug...

JAN. 4, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:01)

Posted on January 27, 2008
JAN. 4, 2008 -  KENTUCKY COURT OF APPEALS DECISIONS (2008:01) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 24 rendered decisions Nos...

6th Cir. Published Decisions for Week of Jan. 21, 2008

Posted on January 27, 2008
6th Cir. Published Decisions for Week of Jan. 21, 2008 posted.

LBA 2008 Bench and Bar Dinner and Awards held 1/24/2008

Posted on January 27, 2008
The LBA wishes to thank all who attended Thursday evening?s annual Bench and Bar gala at the historic Henry Clay. The event was a huge success due in part to the dedication of our members and affiliates. We would also like to recognize the following members who were honored for their outstanding service in 2007: Hon...

MORE on my suggestion to up the district court's jurisdictional amount which has remained unchanged since 1976!

Posted on January 27, 2008
I previously remarked how inflation has shrunk and substantially limited the civil jurisdiction of district court since it has  not been increased from its $4,000 limit in 1976.  With inflation over the last 30+ years, that would translate into nearly $15,000 in today's dollars...

LAWYERS: "Supreme Court affirms suspension of former county attorney"

Posted on January 26, 2008
Supreme Court affirms suspension of former county attorney herald leader The Kentucky Supreme Court has affirmed the temporary suspension of a former eastern Kentucky county attorney.  The high court's ruling on Thursday means former Bath County Attorney Donald "Champ" Maze must reapply to practice law after being released from prison...

PENDING LEGISLATION: "Senate approves bill cracking down on drunken and drugged drivers"

Posted on January 26, 2008
Senate approves bill cracking down on drunken and drugged drivers The Senate has approved legislation aimed at toughening the laws against motorists who drive drunk or high on illegal drugs. click on heading for entire story from herald leader.

PUBLIC DEFENDERS: More than just bad pay, now unhealthy working conditions!

Posted on January 26, 2008
She's short on space, staffers, funding HEARLD LEADER An abandoned room at the Fayette County Public Defender Office on Church Street has so much mold in the drywall from a leaky roof that it's considered a health hazard. Three lawyers are crammed into the library, the only space left for them to have an office...

JUDICIARY: Judicial Nominating Commission announces names of nominees for vacant District Court judgeship in Knox and Laurel counties

Posted on January 26, 2008
Judicial Nominating Commission announces names of nominees for vacant District Court judgeship in Knox and Laurel counties The three attorneys named as nominees to fill this vacancy are David Randall (Randy) Azbill and John Paul Chappell, both of Laurel County, and Gilbert Edward Holland of Knox County.

FAMILY LAW: "Families Can Talk to Experts at Louisville Adoption Fair; Free event Jan. 27 features almost 20 agencies"

Posted on January 26, 2008
Families Can Talk to Experts at Louisville Adoption Fair; Free event Jan. 27 features almost 20 agencies Families can learn more about adoption this month at the 2008 Louisville Adoption Fair. The free event is scheduled for 1- 4 p.m. on Sunday, Jan...

COURTS: Pilot's lawyer will withdraw defense that passengers share blame

Posted on January 26, 2008
I was once told by an insurance defense lawyer not to be overly concerned about defensive pleadings as "they're only pleadings." However, in the face of tort reformists' concerns over frivilous lawsuits, there might be some concern over accountability for frivilous defenses...

MEDICAL: "Families push staffing rules for nursing homes"

Posted on January 26, 2008
Interesting piece in Courier Journal raising concerns over minimum staffing at Kentucky nursing homes.  I always thought it interesting (if not misleading) that hospitals and nursing homes had all wearing whites (RN's, CNA, LPN's, and housekeeping and maintenance and...

COURTS: "Weapons trial a 'waste of time,' juror says"

Posted on January 26, 2008
Juror had bad things to say about the federal criminal trial over museum weapons:Weapons trial a 'waste of time,' juror says courier journal The jurors who acquitted Michael and Karen Salisbury this week of conspiring to defraud Louisville businessman Owsley Brown Frazier almost immediately rejected that chargeCOU

POLITICS: Louisville Attorney Bob Heleringer seeking State Senate seat

Posted on January 26, 2008
Heleringer seeking Senate seat Republican Bob Heleringer, who served 23 years in the Kentucky House of Representatives through 2002, filed yesterday to seek the state Senate seat held by Democrat Tim Shaughnessy.

SUGGESTED LEGISLATION: Upping the jurisdicitonal amount for district court is due.

Posted on January 26, 2008
Let's increase district court maximum jurisdiction to $25,000!!!!! The jurisdictional limit of district court has not been adjusted for inflation since it was enacted in 1976. If we wanted it to remain constant with 1976 dollars then it needs to be bumped up to $14,758...

FAMILY LAW: Pending bills noted by Divorce Law Journal

Posted on January 26, 2008
More Family Law Legislation Introduced This Week HB 353 would amend KRS 403.750 to provide that the court, in a domestic violence order, may prohibit a ........ 2008 Pending Family Law (Ky) Legislation A bill based on the AAML Model Relocation Act is expected to be introduced in the House this week ...

TECHNO-CRIMINAL: Search incident to arrest - I-phones, blackberries, and PDAs oh my!

Posted on January 26, 2008
Hmmm.  How far can you go on a search incident to an arrest when it comes to technology devices in one's possession?  Of course, would a pat down mistake packing a blackberry (tm) to packing a pistol? Here's a post at Techno Esquire - Search Incident to Arrest Includes ...

MINUTES: January 25, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:04)

Posted on January 26, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week.  For our copy of the minutes, click here. 21 rendered decisions - Numbered 81-101 4 published - 84; 90; 92; 98. Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

Minutes for Kentucky Supreme Court for Jan. 24, 2008

Posted on January 26, 2008
Click here for  minutes at AOC with links to full text of each decision Click here for blog posting of minutes with highlights 23 rendered decisions:  01-23 14 published (01-14) 4 attorney  matters (published) 5 of 24 cases granted discretionary review - 20...

UofL Law: Publication, presentations, and kudos to Faculty

Posted on January 24, 2008
At the 2008 AALS Annual Meeting in New York City, Susan Hanley Duncan finished her term as chair of the AALS Section on Legal Writing, Reasoning and Research by hosting a luncheon attended by almost 150 colleagues. While in New York Duncan also chaired the Legal Writing Institute's board meeting and a meeting of the leadership from CLEA, AALL, SALT, ALWD, LWI, and AALS Sections on Clinics and Balance in Legal Education in an effort to find shared areas of interest and identify possible collaborations between the various organizations...

COURTS: "Prosecutors to seek death penalty for suspect in boy's death"

Posted on January 23, 2008
Prosecutors to seek death penalty for suspect in boy's death Jefferson prosecutors say they will seek the death penalty for a man accused of kidnapping and killing a 4-year-old boy, Cesar "Ivan" Aguilar-Cano.

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