Kentucky

Jeffersonville, Ind. Attn. Karl Truman to Appeal Riverboat Casino Jones Act Ruling

Posted on November 26, 2008
Nov. 26, 2008 The Indiana Court of Appeals has rejected a former casino dealer?s attempt to seek compensation under federal maritime law for alleged injuries she suffered while working aboard the Harrison County riverboat near Louisville. The court said the dealer doesn?t qualify as a maritime worker, and therefore isn?t entitled to enhanced  coverage under the Jones [...

New Jersey Sup. Ct. Rejects Tropicana Casino Appeal

Posted on November 25, 2008
 Nov. 25, 2008 - Columbia Sussex of Kenton County, owner of the Tropicana Casino in Atlantic City, lost their gaming license after the commission objected to actions taken by President William Yung III.   The company appealed the Commission?s ruling to the New Jersey Supreme Court and cited numerous changes including the firing of William Yung in [...

Gov.?s Criminal Justice Reform Commission Issues Preliminary Report

Posted on November 25, 2008
Nov. 25, 2008 - FRANKFORT ? A panel of experts is giving Gov. Steve Beshear more than 50 ideas for cutting the state’s swollen prison and jail population. One of the ideas could be controversial, such as reducing the charge for possession of less than an ounce of cocaine from a felony to a misdemeanor...

KBA Board Gives Bar President Barbara Bonar 15 days to respond to a Ethics report and opinion prepared by Robert F. Houlihan, Jr..

Posted on November 25, 2008
Nov. 25, 2008   Houlihan was asked by the KBA board to investigate whether Bonar abused her power in removing four members from the associations ethics committee before their terms expired and whether she was candid with the board about the reasons for the removals according to board members who were cited as sources by the Louisville [...

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Gov. Beshear extends hand to Sen. Williams and Republican legislators

Posted on November 23, 2008
Campaigns are over; working across party lines must begin   By Governor Steve Beshear   Nov. 22, 2008 To many people, it must have been a remarkable picture. After months of bitter and often rancorous campaigning, President-elect Barack Obama sat next to Sen...

Court of Appeals releases l3 decisions Nov. 21 ? LawReader provides keywords and synopsis for each decision.

Posted on November 21, 2008
    LawReader subscribers can access this material at: COURT OF APPEALS DECISIONS FOR NOVEMBER 21, 2008     Non-subscribers can sign up for only $34.95 a month, at  SIGN UP - PRICING for lawreader,  and in addition to Weekly Decisions you will have access to all LawReader resources...

State court allows online law school grad to take bar exam ? Requirement for graduation from accredited law school being reviewed by ABA

Posted on November 21, 2008
  Nov. 21, 2008   BOSTON ? The state supreme court has ordered that a graduate of an online law school be allowed to take the bar exam. Ross Mitchell of West Newton sued the Board of Bar Examiners for preventing him from taking the exam because he does not have a degree from a law school accredited by [...

Gov. reveals 50% increase in budget deficit - Plans special session

Posted on November 21, 2008
Nov. 22 FRANKFORT ?The state?s projected budget shortfall has been upgraded in predictions by economists to $456.1 million. That represents a 5.1 percent decline in the $8.9 billion of revenue that was expected in the current budget.   The group of economists, known as the Consensus Forecasting Group, also projected a $104...

Angry Bengals Fan?? Arrested by FBI over bomb threat on Paul Brown Stadium

Posted on November 21, 2008
Stadium  CINCINNATI — FBI officials said Friday they arrested a man who allegedly threatened to blow up Paul Brown Stadium, other area landmarks and the Denver International Airport. Frederick Purvis, 42, of Hamilton, Ohio, is accused of sending e-mails to two local media outlets and to the FBI threatening the football stadium, four bridges over the Ohio [...

Governor Beshear unveils state?s first-ever comprehensive energy plan

Posted on November 20, 2008
  Plan strives for 20 percent cut in greenhouse gas emissions; increased coal research; and creation of 40,000 jobs in the energy sector   FRANKFORT, Ky. ? Proclaiming Kentucky?s place as a national leader, Gov. Steve Beshear was joined today by Energy and Environment Cabinet Sec...

Gov. Beshear Proposes State Pension Board Changes

Posted on November 20, 2008
Nov. 20, 2008    FRANKFORT ? Gov. Steve Beshear recommended on Thursday adding more people with investment experience to the boards governing the state?s pension systems and regulation tweaks that would allow the state to diversify its investment portfolios...

Texas Prosecutor behaves strangely after obtaining indictments for Vice President Cheney and former Attn. General Alberto Gonzales

Posted on November 20, 2008
Nov. 20, 2008  RAYMONDVILLE, Texas ? A Texas judge has set a Friday arraignment for Vice President Dick Cheney, former U.S. Attorney General Alberto Gonzales and others named in indictments accusing them of responsibility for prisoner abuse in a federal detention center...

Case from the past?interesting dissent re: search and seizure exceptions

Posted on November 19, 2008
We ran across this case from a Dissent by Justice Osborne dated 1972.  It discusses the length that courts are taking to apply exceptions to search and seizure rules.     Com., Dept. of Public Safety v. Hayden, 484 S.W.2d 97 (Ky., 1972)   OSBORNE, Justice dissenting: ?Many thoughtful persons are concerned with what appears to be a headlong rush into [...

Minnesota Congresswoman who called for the press to investigate Congress to expose the members who were ?un-American? was re-elected

Posted on November 19, 2008
We didn?t see the election results on TV regarding Michele M. Bachmann,the Minnesota Congresswoman who called for the press to investigate Congress to expose the members who were ?un-American?.    Her controversial comments made on MSNBC?s Chris Matthews show resulted in $1 million dollars in campaign contributions being made to her opponent Elwyn Tinklenberg within the [...

3rd. Circuit considers questions having broad impact on criminal sentencing and habeas corpus - can a Federal judge order prosecutor to reoffer a plea agreement not revealed to defendant by his attorney?

Posted on November 18, 2008
Shannon P. Duffy The Legal Intelligencer November 18, 2008  -   In a pair of en banc arguments on Wednesday, the 3rd U.S. Circuit Court of Appeals will tackle questions that could have a broad impact on how appellate courts review criminal sentences and on the scope of the federal courts’ powers in granting relief in habeas [...

Chief Justice addresses Legislative Committee re: problems facing the Judiciary

Posted on November 18, 2008
On Tuesday, Nov. 18, Chief Justice of Kentucky John D. Minton Jr. lead the entire Supreme Court to a meeting of the Interim Joint Committee on the Judiciary in Frankfort.  He discussed the problems of the Judiciary in facing a fast growing caseload at a time of less money being available to the Judiciary to handle the problem [...

Vote Counting in Kenton State Senate Race May End in Court Challenge

Posted on November 17, 2008
Losing candidate Kathy Groop says she is considering a court challenge to the election.  Sen. Westwood currently holds about a 1000 vote lead after the re-canvass.   Sen. Jack Westwood Admits On WKRC TV his own straight ticket republican vote registered for Barack Obama...

 

Posted on November 17, 2008
 

Sixth Circuit Sends Coffee Beanery Franchisees to Court

Posted on November 17, 2008
By Janet Sparks 2008/11/17   Blue Maumau Franchising Magazine   ANN ARBOR,  Michigan (Blue MauMau) - The Sixth Circuit Court handed down its amended opinion Friday in the ongoing litigation between the Coffee Beanery and franchisees WW, LLC, under Richard Welshans and Deborah Williams...

Congress may consider legislation to limit mandatory arbitration for consumers and workers

Posted on November 17, 2008
  Nov. 18, 2008   Michael LeRoy, a professor of law and of labor and employment relations at the Univ. of Illinois, says Democratic Party control in Washington could restore lawsuits as an option for workers and consumers now forced to settle disputes through mandatory arbitration that gives employers and businesses an unfair edge   CHAMPAIGN, Ill...

Chief Justice John Minton to meet with Interim Joint Committee on the Judiciary Nov. 18th.

Posted on November 17, 2008
FRANKFORT, Ky. – Chief Justice of Kentucky John D. Minton Jr. will discuss the state of the judiciary when he speaks before the Interim Joint Committee on the Judiciary on Tuesday, Nov. 18.   The committee will meet at 10 a.m. in room 171 of the Capitol Annex in Frankfort...

Gov. Beshear says he will allow the Chapman execution this friday proceed

Posted on November 17, 2008
Nov. 18, 2008 Marco Chapman was convicted in the Boone Circuit Court for murders of two children in Gallatin County. He requested the death penalty.  He has fired his public defenders and had not taken a Federal appeal. Several competence evaluations have been conducted and all found him competent...

The U.S. Supreme Court has accepted five new appeals for review: Campaign finance, judicial recusal, and three criminal law cases

Posted on November 14, 2008
Nov. 14, 2008  A challenge to a campaign finance law from a conservative group that made a movie critical of Sen. Hillary Rodham Clinton in connection with her presidential campaign. Citizens United says the movie and ads promoting it are not campaign-related and do not have to comply with campaign finance rules...

Court of Appeals issues l9 decisions for Nov. 14?are you keeping current in the law?

Posted on November 14, 2008
The Kentucky Court of Appeals issued l9 decisions on Friday Nov. 14t. Two were ordered to be published.  LawReader subscribers can read a synopsis and the full text of each decision by going to: COURT OF APPEAL DECISIONS FOR NOV. 14, 2008     Non-subscribers can sign up for only $34...

Late Republican Judge Becker excoriated Justice Scalia on ERISA ruling for providing immunity to health insurers and other corporate law-breakers

Posted on November 13, 2008
    Rebalancing the scales of justice - Obama must stop the supreme court from providing immunity to health insurers and other corporate law-breakers   Simon Lazarus and Ian Millhiser   guardian.co.uk, Thursday November 13 2008 18.00 GMT Article history Fourteen years ago, a single mother named Ann Dunham began a long, ultimately unsuccessful battle with cancer ? and a simultaneous war with [...

Gov. signs order to allow some electric vehicle on some roads

Posted on November 12, 2008
Transportation Secretary signs order to permit registration, titling of alternative electric vehicles  - Governor directs action to allow use of some electric vehicles on certain roads   FRANKFORT, Ky. ? An administrative order signed by Kentucky Transportation Secretary Joe Prather allows ?alternative electric vehicles? to be registered and titled for the first time in Kentucky...

Vehicle Enforcement DUI arrest in Hodgenville includes very strange procedures?.

Posted on November 11, 2008
LawReader received the following DUI story from Hodgenville from a reliable source.  We have slightly edited this story to make it more readable but have not changed any of the facts reported.  We have invited Vehicle Enforcement in Frankfort to respond...

U.S. Sup. Ct. to rule on admissibility of Forensic Law Evidence by certification in light of confrontation clause

Posted on November 11, 2008
    By ADAM LIPTAK The New York Times - November 10, 2008    WASHINGTON ? The Supreme Court heard arguments on Monday in a case that could have broad implications for how prosecutors present evidence from crime laboratories at trial. Many states allow reports from crime laboratories to be submitted to juries through written certifications rather than live [...

U.S. Supreme Court to decide if loophole in Federal domestic violence Law allows abusers to keep their guns

Posted on November 11, 2008
   By David G. Savage La Times - November 11, 2008   Reporting from Washington — Thousands convicted of a misdemeanor for threatening or assaulting a spouse or girlfriend could once again own guns because of a flaw in the federal law. That prospect grew more likely Monday after the Supreme Court gave a skeptical hearing to a [...

New Ky. laws prohibit police and prosecutors from forcing sexual abuse victim to take polygraph

Posted on November 10, 2008
       Four new statutes adopted in the 2008 session of the Ky. General Assembly prohibit prosecutors, sheriff?s, county police officers, KSP  officers, and local police officers from requesting or requiring a victim of an alleged sexual offense to submit to a polygraph as a condition for proceeding with the investigation...

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