Kentucky

THE BARRISTER?S BRAWL ? A poem about the Eric Deters Charity Challenge Cage Fight

Posted on August 31, 2009
  THE BARRISTER?S BRAWL by Kenton Circuit Judge Marty Sheehan  A lawyer of local acclaim, In a move sure to increase his fame, Did one day incautiously boast, As a boisterous radio host, That he could kick any County Cop?s rear.  He had filed countless suits for police brutality, And now spoke without any thought of mortality...

CAMELOT WILL NOT BE FORGOT ? by Stan Billingsley

Posted on August 31, 2009
Camelot Will Not Be Forgot By Stan Billingsley-   ?Don?t let it be forgot, That once there was a spot For one brief shining moment That was known as Camelot.?      As they laid to rest the third prince, some said that Camelot would now be ?forgot?. But men and women from every hamlet, from every land, champion the tale, and carry forward [...

PUBLIC INVITED TO GROUNDBREAKING OF NEW CAMPBELL CO. COURTHOUSE ADDITION

Posted on August 27, 2009
FRANKFORT, Ky. — The public is invited to a groundbreaking ceremony for the planned Campbell County Judicial Center on Tuesday, Sept. 1, at 3 p.m. EDT. The event will take place at 330 York St. in Newport. The Kentucky General Assembly authorized an addition/renovation project for Campbell County in 2006 and approved funding in 2008...

Ky. Supreme Court Overrules Ct. of Appeals Order Allowing Access to BA Machine Computer Codes

Posted on August 27, 2009
The DUI bar has been eagerly awaiting the ruling of the Kentucky Supreme Court regarding the attempt of a defendant (Lennie House of Lexington) to obtain access to the computer code of the Intoxilyzer 5000 Breathalyzer machine.   At least two other states have granted access to these codes...

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Judicial Nominating Committee for Jefferson County Announces Nominees to fill three vacant judgeships

Posted on August 27, 2009
FRANKFORT, Ky. ? The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill three vacant judgeships that serve Jefferson County. The nominees are for the vacant circuit judgeship in the 30th Judicial Circuit, Division 11, and the vacant district judgeships in the 30th Judicial District, [...

U.S. Supreme Court ? Actual Innocence Doctrine Gains Favor ?Scalia /Thomas Dissent

Posted on August 25, 2009
Quoting the L.A. Times August 25, 2009  ?Whatever their views about capital punishment, most Americans probably assume that a convicted defendant will be released from prison if he can prove that he didn’t commit the crime. In fact, the Supreme Court has stopped short of endorsing what lawyers call the “actual innocence” doctrine...

Rep. Robin Webb Gives Gov. Beshear a Big Win In l8th. Senatorial District Special Election

Posted on August 25, 2009
Democrat Robin Webb has won by a narrow margin (282 VOTES) over Republican Jack Ditty in the Kentucky 18th District Senate seat in Tuesday’s special election SPECIAL ELECTION RESULTS August. 25, 2009 [R] Jack Ditty: 8,402 (46.6%) [D] Robin Webb: 8,684 (48...

Courts and Legislatures scramble to defeat confrontation clause rights upheld in Melendez-Diaz v. Massachusetts

Posted on August 20, 2009
The right to confront your accuser is a constitutional right, and the U.S. Supreme Court has recently held that this includes the right to cross-examine forensic crime lab experts.  Some states have interpreted this ruling to require an expert who monitors the proper working condition of BA machines to be available at trial to testify [...

Three Franklin County Attorneys Nominated to Governor for Family Court Position ? They are Roy Church Gray III, Rex Lee Hunt and Squire Needham Williams III.

Posted on August 20, 2009
August 20, 2009 FRANKFORT, Ky. – The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill the vacant Family Court judgeship in the 48th Judicial Circuit, Division 3, which serves Franklin County...

Interview with Dean Ault, Eastern Kentucky University on Capital Punishment

Posted on August 19, 2009
Here is a compelling interview with Dr. Allen Ault on his views of the death penalty made from his vantage point as a former prison warden, state corrections commissioner, psychologist (phd) and now dean. After our meeting last Friday, he authorized its release...

SurveyUSA Poll shows 8 Point Lead by Mongiardo in Dem. Senate Race ? Greyson Leads in Republican Senate Race

Posted on August 19, 2009
WHAS-TV?s Joe Arnold just reported live the following results from the first state-wide SurveyUSA poll on primary head-to-head races.  The whole poll will probably be posted later tonight.  State-wide Dems:  Mongiardo ? 39% Conway ? 31% By Telephone Area Code: 270 ? Mongiardo 2 to 1   (Western Ky...

AOC SETTLEMENT WITH CODELL CONSTRUCTION ALLOWS COURT HOUSE PROJECTS FOR CARLISLE, HANCOCK, MERCER and WHITLEY counties TO COMMENCE.

Posted on August 18, 2009
Aug. 18, 2009 FRANKFORT, Ky. ? Construction on judicial center projects in four Kentucky counties can commence immediately based on a settlement agreement finalized today by the Administrative Office of the Courts and Codell Construction Company of Winchester, Ky...

Justice ?Killer? Keller Goes on Trial today in Texas. She is representative of Tough-on-Crime Appellate Judges

Posted on August 17, 2009
  Justice Sharon Keller, goes on trial today in Texas on ethics charges including the allegation that she refused to leave her office open past 5 p.m. when attorneys were attempting to file a last minute motion that could have delayed their clients execution...

Ky. Sup. Ct. Considers Plan to Release People Arrested for Minor Offenses -Plan could save $400,000 a Day

Posted on August 17, 2009
The Kentucky Supreme Court has approved a proposal to test a cost-saving initiative that could allow people arrested for marijuana possession, prostitution and hundreds of other nonviolent crimes to avoid going to jail. The Kentucky Supreme Court has approved a proposal to test the initiative in a handful of counties before deciding whether to expand it [...

Diet Drug Lawyers Gallion and Cunningham to be Sentenced August 17th. ? Appeal Imminent

Posted on August 15, 2009
Laura Voorhees, the Deputy U.S. Attorney who prosecuted William Gallion and Shirley Cunningham announced that she is seeking 35 years imprisonment for Gallion and 30 years for Cunningham.  Considering their current age, this amounts to a life sentence...

Judge Susan Gibson Dismisses Coach?s Indictment Due to Failure of Commonwealth to Notify Grand Jury of His Request to Testify ? Grand Jury Not Required to Grant Such Request But Must be Informed by Commonwealth.

Posted on August 15, 2009
August 13, 2009  Jefferson Circuit Judge Susan Schultz Gibson this week dismissed an indictment against Pleasure Ridge Park High School Coach Jason Stinson.  The Commonwealth had failed to advise the Grand Jury that heard the indictment handed down last week, that Stinson had requested that the Grand Jury allow him to appear and testify before them...

Federal Judges complain that Congress and the Supreme Court have raised daunting barriers for death row prisoners to appeal their convictions

Posted on August 15, 2009
  New York Times  August 13, 2009 It took just 80 words for a federal appeals court to deny Kevin Cooper?s most recent plea to avoid execution. But attached to that order was a forceful 101-page dissent by a judge, all but pleading to spare Mr. Cooper?s life...

Appellate Judges? Dissents for Death Row Inmates Are Rising ? ?California about to execute an innocent man.?

Posted on August 14, 2009
New York Times By JOHN SCHWARTZ  August 13, 2009 It took just 80 words for a federal appeals court to deny Kevin Cooper?s most recent plea to avoid execution. But attached to that order was a forceful 101-page dissent by a judge, all but pleading to spare Mr...

Court Appeals Allows Blood Test of Unconscious Defendant Suspected of DUI

Posted on August 07, 2009
The Court of Appeals issued a decision on Friday August 7th. which held that a Blood Test ordered by police officer at hospital was admissible even though the officer testified that he filled out the consent form and he believed the defendant was unconscious...

New Mexico Court Strikes Out Baseball Rule -Weakens Assumption of Risk Doctrine

Posted on August 06, 2009
August 5, 2009 The parents of a young boy struck in the head when a batter hit a ball into a picnic area before an Albuquerque Isotopes game can sue the minor league team and the city, an appellate court has ruled. The New Mexico Court of Appeals declined to adopt the so-called “baseball rule,” which immunizes [...

John Meyers Named Executive Director of Ky. Bar Association

Posted on July 30, 2009
 Lexington attorney John D. Meyers is the new executive director of the Kentucky Bar Association, replacing Jim Deckard, who resigned to return to private practice in February. Meyers was selected after a four-month search. He has been the association?s interim executive director and director of its continuing legal education program...

Britain?s House of Lords Surrender Their Role As the Highest Court in United Kingdom

Posted on July 30, 2009
  The House of Lords will be replaced as the highest court in the land when the doors open for business at the UK’s first separate Supreme Court in October.   July 30, 2009 -BBC   As the Law Lords ruled on Thursday that there must be a clarification of the law on assisted suicide, following a legal challenge by [...

LawReader Judge May Be Viewed on Today Show July 30th.

Posted on July 29, 2009
Thursday morning July 30th.  Matt Simons, our tech  guy for LawReader  will be in New York City, and will wear his LawReader Judge robe and white wig, and will try to get viewed on the Today Show when they scan the crowd.     If you get a chance to watch the Today Show tomorrow morning  see if [...

Internet Radio Talk Show Host Hal Turner Arrested for Threatening Three Federal Appeals Court Judges in Chicago Over Recent Decision Upholding Handgun Bans

Posted on July 28, 2009
  Hal Turner, an intermittent internet radio talk show host and blogger, was arrested today by FBI agents at his home in North Bergen, N.J., on a federal complaint filed in Chicago alleging that he made internet postings threatening to assault and murder three federal appeals court judges in Chicago in retaliation for their recent ruling [...

Was Black Harvard Professor Properly Charged with Disorderly Conduct? See the actual law for yourself.

Posted on July 24, 2009
See Massachusetts  Disorderly Conduct Statute ? Whether Black Harvard Professor was In Violation of the Law turns on his home being a public place?.   Com. v. LePore, 666 N.E.2d 152, 40 Mass.App.Ct. 543 (Mass. App. Ct., 1996)   A person is “disorderly” under G...

Governor Beshear make four appointments to Judiciary. Charles W. Hardin, Ira D. Newman, George W. Davis, & Robert Costanzo as Judges

Posted on July 24, 2009
FRANKFORT, Ky. ? Governor Steve Beshear today (July 24, 2009)  announced the following judicial appointments. The Honorable Charles William Hardin, of Richmond, has been appointed District Judge of the 25th Judicial District, Division 1, consisting of Clark and Madison counties...

Virginia Court Applies Melendez-Diaz Supreme Court Ruling On Confrontation of Experts to BA technicians Who Calibrate the Machine- May effect Speeding Cases

Posted on July 23, 2009
  By Robert McCartney   The Washington Post - July 23, 2009 Drunk drivers and potheads, rejoice. If you get caught, the Supreme Court has made it easier for you to beat the rap, at least in Virginia and maybe soon elsewhere in the region. That pesky Bill of Rights is creating hurdles for the police again...

U.S. Supreme Court Ruling Allows Federal Trial Judges to Dismiss Civil Claims They Find ?Not Plausible? ? Ruling May Supersede Traditional Summary Judgment Standards

Posted on July 21, 2009
  – ?This is a blank check for federal judges to get rid of cases they disfavor.?  ??..federal judges will now decide at the very start of a litigation whether the plaintiff?s accusations ring true, and they will close the courthouse door if they do not...

Ohio Ex-Post Facto Sex offender Reporting law ruled Unconstitutional

Posted on July 21, 2009
July 21, 2009 By Mike Sever  Record-Courier staff writer An opinion by the 11th District Court of Appeals in Warren may rekindle the debate over whether Ohio?s Adam Walsh Act sex offender law is constitutional. It may be a brief debate, since the Ohio Supreme Court is expected to render its decision on the constitutionality sometime this fall...

Congress Considers Information Age Solutions in Copyright Laws

Posted on July 21, 2009
by Irvin Muchnick? Jul. 21? 2009 Last week brought one of those quirky stories, combining legal confusion and Big Brother overtones ? the kind technology journalists love to bat around. Amazon.com, whose Kindle appliance is taking the book industry by storm, discovered that it hadn?t acquired the electronic rights to George Orwell?s Animal Farm and [...

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