LawReader

• KBA BLUE RIBBON COMMITTEE CALLS FOR PROPER FUNDING OF CRIMINAL JUSTICE SYSTEM

    KENTUCKY BAR ASSOCIATION ROUNDTABLE SEEKS  ADEQUATE FUNDING FOR CRIMINAL JUSTICE SYSTEM Dec. 4, 2009 FRANKFORT, Ky. — An advisory group of judges, prosecutors, defense lawyers and law professors  seeking common ground to ensure proper funding of the state’s criminal justice system forwarded its findings today to Gov. Steve Beshear and the [...]
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  Posted: December 04, 2009, 5:13pm EST
  by Stan

• Indiana Prosecutor Facing Recusal Motion Acts to Announce Third Murder Trial for Camm Before Court Removes him

    Dec. 3, 2009 NEW ALBANY, Ind. — A former Indiana state trooper will face a third trial in the shooting deaths of his wife and children. Floyd County Prosecutor Keith Henderson announced Thursday that he’ll refile murder charges against David Camm in the Sept. 28, 2000, killings of Kimberly Camm and their [...]
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  Posted: December 03, 2009, 5:14pm EST
  by Stan

• U.S. Supreme Court Considers Restrictions on Attorneys Giving Bankruptcy Advice

    Marcia Coyle The National Law Journal December 02, 2009 In a constitutional challenge involving a Minnesota law firm, the U.S. Supreme Court on Tuesday seemed troubled by a federal restriction on legal advice to potential bankruptcy clients, but less concerned about the requirement that lawyers advertise as a “debt relief agency” [...]
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  Posted: December 01, 2009, 9:55pm EST
  by Stan

• U.S. SUPREME CT. CONSIDERS LIMITS ON CITIZEN BASED WHISTLE BLOWER LAWSUITS

    WASHINGTON — The Supreme Court heard arguments Monday testing when whistle-blowers who discover fraud in federal programs may sue in the name of the United States and collect some of the settlement. Congress adopted the False Claims Act during the Civil War to solicit the help of ordinary citizens in fighting [...]
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  Posted: November 30, 2009, 9:43pm EST
  by Stan

• NEW CASTLE ATTORNEY JOHN M. BERRY JR. AND ACLU HAVE SUED REED N. MOORE JR IN HIS CAPACITY AS CHAIRMAN OF KBA INQUIRY COMMISSION. The Federal lawsuit alleges the KBA Inquiry Commission violated Berry’s Constitutional Rights to Criticize Actions of the

   The Law Behind the News by LawReader Senior Editor Stan Billingsley    On Aug 14, 2007 the Legislative Ethics Commission conducted an inquiry regarding a complaint filed against Sen. David Williams by Richard Beliles Chairman of Kentucky Common Cause.  It was alleged that a letter sent out to lobbyists was in [...]
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  Posted: November 30, 2009, 5:19pm EST
  by Stan

• Ky. Practices For Retaining Evidence Affects Old cases.

  Ky. Practices For Retaining Evidence Affects Old cases. Excerpted from AP report: Nov. 27, 2009 Defense attorneys say evidence has gone missing in Kentucky, resulting in problems for six capital cases and possibly hundreds of other prosecutions, including rapes and robberies. All the cases predate DNA testing, which can now be used to [...]
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  Posted: November 28, 2009, 9:42am EST
  by Stan

• U.S. 7TH. CIRCUIT CT. OF APPEALS RULES THAT DOMESTIC VIOLENCE BAN ON POSSESSION OF GUN HAS AN EXCEPTION UNDER 2ND. AMENDMENT. Deerhunter under a DVO, shot a deer. He was ordered released from Federal Prison On Possession of Firearm.

    By Bruce Vielmetti of the Milwaukee –  Journal Sentinel Nov. 27, 2009 A Rock County man sentenced to two years in federal prison for shooting a deer while he was on probation for domestic violence has had his case overturned by a federal appeals court. The case could have far-ranging impact in [...]
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  Posted: November 28, 2009, 8:53am EST
  by Stan

• KENTON COM. ATTN. SUED FOR MALACIOUS PROSECUTION BY ACQUITTED SCHOOL TEACHER WHO WAS ALLEGED TO HAVE HAD SEX WITH A MALE STUDENT

  KENTON COM. ATTN. SUED FOR MALACIOUS PROSECUTION BY ACQUITTED SCHOOL TEACHER WHO WAS ALLEGED TO HAVE HAD SEX WITH A MALE STUDENT On Wed. Nov. 25th. Nicole Howell filed a Federal 1983 Civil Rights complaint against Kenton Commonwealth Attorney Rob Sanders.  The suit claims Sanders ordered the arrest of Howell without [...]
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  Posted: November 27, 2009, 11:00am EST
  by Stan

• Limits on Types of Cases That can be Handled by Legal Aid lawyers under attack

    Bob Egelko,  San Francisco Chronicle                    Nov. 24, 2009 Conservative-backed restrictions on Legal Aid lawyers’ representation of their low-income clients survived a federal appeals court test Monday in San Francisco, but face further challenges in the Democratic Congress and the Obama administration. Appeals court backs limits on Legal Aid lawyers 11.24.09 Congress attached the [...]
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  Posted: November 24, 2009, 9:01am EST
  by Stan

• The No. Ky. Bar Association Announces New Officers and Directors.

  The No. Ky. Bar Association Announces New Officers and Directors.  OFFICERS: President                Jeffrey R. Aylor             Lape & Aylor, P.S.C. President-Elect      Sarah Tankersley          Santen & Hughes Secretary                Donna Bloemer             Donna M. Bloemer, Attorney at Law Treasurer               Gary Jennings                Mountjoy & Bressler, LLP Treasurer-Elect     Chad Levin                    Robbins, Kelly, Patterson [...]
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  Posted: November 21, 2009, 8:51am EST
  by Stan

• Judicial Immunity Defense Not Absolute in Pennsylvania Case re: Imprisonment of Juveniles by Bribed Judges

  The Development of the Doctrine of Judicial Immunity Caputo: 1607 “seminal case” of judge determined “modern policies” of immunity. By Mark Guydish  Timesleader.com Education Reporter How could two judges accused of accepting millions for actions that led to increased incarceration of juveniles be immune from a lawsuit? U.S. District Judge Richard Caputo seems to [...]
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  Posted: November 21, 2009, 8:46am EST
  by Stan

• 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 [...]
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  Posted: November 19, 2009, 2:36pm EST
  by Stan

• West Virgina Judicial Reform Panel submits report Calling for Mid Level Court of Appeals Like Kentucky

    CHARLESTON – West Virginia needs a mid-level appeals court to lighten the caseload of the state Supreme Court, according to a judicial reform panel report. Also in the Independent Commission on Judicial Reform report for Gov. Joe Manchin released Sunday night, the group did not recommend an end to the partisan [...]
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  Posted: November 16, 2009, 6:23pm EST
  by Stan

• Court of Appeals Upholds Open Meeting Ruling of Fayette Circuit Judge Isaacs

    The Kentucky Court of Appeals ruled against Lexington Nov. 13th. in a case that involved a January 2008 attempt to close an Urban County Council meeting. That meeting was scheduled to discuss the city’s response to a request before the state Public Service Commission by Kentucky American Water to build a [...]
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  Posted: November 14, 2009, 11:55am EST
  by Stan

• KACDL SITE WARNS OF WEBSITE USED TO CREATE FALSE EVIDENCE TO FRAME PERSONS WITH FAKE TEXT MESSAGES AND VOICEMAILS

  The Ky. Assoc. of Criminal Defense Lawyers web site reports who false evidence can be created to frame innocent person. http://www.kacdl.net/   Website Used to Create False Evidence From Cathleen Bennett, Committee for Public Counsel Services, Boston, MA I am sure that some of you are already aware of a website called “spoofcard.com.” What a [...]
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  Posted: November 12, 2009, 1:42pm EST
  by Stan

• KACDL provides full text of The Proposed Criminal Justice Council Penal Code Draft

  The Ky. Assoc. of Criminal Defense Lawyers ( http://www.kacdl.net/ ) provides access to a full draft of the Criminal Justice Council’s Proposed Penal Code Reform Draft. The Penal Code Committee’s draft is presented here for download in two volumes:  Volume One                    Volume Two [...]
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  Posted: November 12, 2009, 1:35pm EST
  by Stan

• Diversity Rule for Businesses Allowing Removal of State Cases to Federal Court Challenged in U.S. Supreme Court

  By NICK WILSON In a case that could substantially reduce the number of cases heard in federal courts, the Supreme Court tackled for the first time a centuries-old rule that allows businesses to remove cases out of state court. Doctrine calls for Federal Courts to hear cases pitting opponents from different [...]
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  Posted: November 11, 2009, 9:10am EST
  by Stan

• CALIPARI’S DRIBBLE DRIVE OFFENSE EXPLAINED BY INVENTOR

  Vance Walberg taught Calipari the Dribble Drive Offense in 2003.  This offense avoids a lot of passing around the court and setting up plays called by the coach.  The heart of this offense is for each player to go to the basket whenever possible.  This requires a lot of talent [...]
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  Posted: November 11, 2009, 8:46am EST
  by Stan

• Kentucky Senate Race Tightens – Poll says Ron Paul leads Greyson – Mongiardo leads Conway

    The Kentucky Enquirer reported Wednesday Nov. 4, 2009 that a new poll shows that Ron Paul leads Trey Grayson by 3 points (a statistical tie) and the Dan Mongiardo leads Jack Conway by 11 points. The margin of error cited for the poll is 4.1%. In a hypothetical matchup the poll shows [...]
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  Posted: November 05, 2009, 11:00am EST
  by Stan

• Analysis of Wednesday’s Oral Argument before U.S. Supreme Court in Pottawattamie County v. McGhee. This case presents a claim for Absolute Immunity for Prosecutors who falsified evidence and withheld exculpatory evidence which resulted in conviction

      Article: Supreme Court appears split on tackling rogue prosecutors The Supreme Court Wednesday heard arguments in a lawsuit brought by two Iowa men who spent 25 yrs in prison after prosecutors allegedly fabricated evidence against them. Justices seemed divided on the issue of how much immunity prosecutors should enjoy. By Warren Richey The [...]
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  Posted: November 05, 2009, 10:44am EST
  by Stan

• Eight federal judges argue that Congress violated the Constitution when it nixed scheduled judicial pay hikes.

  They want an appeals court to overturn its own precedent or let the case move to the Supreme Court. Washington – Eight federal judges are continuing to press their claim that Congress violated the Constitution’s compensation clause when it failed to honor promised judicial salary increases in five separate years [...]
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  Posted: November 03, 2009, 5:50pm EST
  by Stan

• Family Court Judge Tamra Gormley suspended for 45 days without pay

   Woodford County Family Court Judge Tamra Gormley has been accused of judicial misconduct has been suspended for 45 days without pay and publicly reprimanded. The Judicial Conduct Commission, the state’s judicial oversight body, ruled that Judge Tamra Gormley, whose district covers Scott, Woodford and Bourbon counties, inappropriately handled two cases: a [...]
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  Posted: November 03, 2009, 2:33pm EST
  by Stan

• Oral arguments in Pottawattamie County et al. v. McGhee et al. will be heard by the U.S. Supreme Court on Wednesday Nov. 4, 2009. In this case the Supreme Court will decide if prosecutors are free from any personal liability for fabricating evidence dur

      PROSECUTORIAL IMMUNITY CASE BEFORE U.S. SUPREME COURT OCT 2009   The claimants filed civil rights actions against Pottawattamie County, Iowa (County), and the former prosecutors and officers involved in the initial investigation and prosecution, arguing they used perjured and fabricated testimony and withheld evidence in violation of McGhee’s and Harrington’s constitutional rights. [...]
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  Posted: November 02, 2009, 11:40am EST
  by Stan

• SENATE AND WHITE HOUSE AGREE ON SHIELD LAW FOR PRESS – EXCEPTION FOR NATIONAL SECURITY AND FEDERAL CRIMINAL PROSECUTIONS

  The White House and key senators have reached a compromise on a shield law to protect journalists who refuse to reveal their sources, but they limited its application in cases involving national security and federal criminal prosecutions. Negotiations involving Senate sponsors of the legislation, the Justice Department, the White House and [...]
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  Posted: October 31, 2009, 12:13am EDT
  by Stan

• The Kentucky Supreme Court overturns Ward v. Housman regarding Rules for Dismissal Due to Lack of Prosecution. – New Standard Created Expanding Criteria Court Must Consider Before Dismissing a Case

  On Oct. 29th. the Kentucky Supreme Court created new standards for review of dismissal of civil action for lack of prosecution.  The court held in part: “…to the extent that other cases have held or suggested that all factors listed in Ward must always be fully discussed in all orders dismissing [...]
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  Posted: October 30, 2009, 11:08am EDT
  by Stan

• The New Kentucky Supreme Court Demonstrates Reason Over Passion In Decision that Limits Prejudicial Evidence Which Has No Probative Value By Restricting so called “Police Officer Expert” Medical Testimony and Holding that Evidence of Drug Use With N

   On Oct. 29th. the Kentucky Supreme Court demonstrated that law, common sense, and good science should prevail over prejudice against anyone who might have mere traces of drugs or intoxicants in their blood.   In the case cited below (Burton v. Commonwealth), the court held that the Commonwealth could not introduce evidence [...]
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  Posted: October 30, 2009, 9:55am EDT
  by Stan

• Attorney General Conway Argues that Legislature Should be Allowed to Pass Ex Post Facto Laws at will.

   Attorney General Conway has announced that his office will appeal the recent ruling of the Ky. Supreme Court which held that the legislature is prohibited by the Kentucky and U.S. Constitution from passing an ex post facto law which adds to the sentence of a person who was convicted before [...]
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  Posted: October 30, 2009, 9:20am EDT
  by Stan

• CANDIDATES FOR ELECTIONS HELD IN 2010 MAY BEGIN FILING FOR OFFICE ON NOV. 4, 2009

     (Frankfort, KY) – Thousands of Kentuckians are expected to file paper work with the Secretary of State and their local county clerks to seek political office during the 2010 election cycle.  Potential candidates seeking an office on the 2010 ballot may begin filing with the Office of the Secretary of [...]
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  Posted: October 27, 2009, 11:32am EDT
  by Stan

• Northern Kentucky Attorneys and Court House Workers Come to Aid of Boone Court Bailiff Donna Jansen Who Lost Leg in Boating Accident

    On Aug. 15th. Boone Deputy Sheriff Donna Jansen was boating at Lake Cumberland, when her jet ski ran into the back of a motor boat and the propeller struck her.  The accident cost Deputy Jansen her right leg above the ankle and severely damaged her left leg.  Donna faces a [...]
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  Posted: October 26, 2009, 9:38pm EDT
  by Stan

• Gov. Appoints Sen. Dan Kelly to the Circuit Court bench

  FRANKFORT, Ky. —Oct. 26, 2009 –  Gov. Steve Beshear announced today the appointment of State Senator Dan Kelly as a judge in the 11th Judicial Circuit.  Sen. Kelly was among three names submitted to Gov. Beshear by the seven-member nominating commission.  “Sen. Kelly has the appropriate temperament and experience for this [...]
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  Posted: October 26, 2009, 7:06pm EDT
  by Stan

• Judicial Branch Facing $35 million dollar deficit in current fiscal year…more layoffs possible.

  A month after a round of layoffs, state court officials warned a panel of lawmakers Thursday that the agency needs an additional $44 million in the next fiscal year to avoid further worker cutbacks. Administrative Office of the Courts Director Laurie Dudgeon told a legislative budget subcommittee that the state’s courts [...]
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  Posted: October 22, 2009, 2:58pm EDT
  by Stan

• U.S. Supreme Ct. Refuses to Hear Anonymous Tip Case to Justify Traffic Stop

   In the drunk driving case, Virginia v. Harris, the commonwealth challenged a Virginia Supreme Court ruling that said police who pursue tips about people driving drunk may not act until they actually see the driver driving dangerously. In the case before the Court, an anonymous tipster told Richmond police that [...]
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  Posted: October 21, 2009, 8:24am EDT
  by Stan

• Chase Law School Has Two Openings for Law Professors

  Northern Kentucky University, Salmon P. Chase College of Law is seeking applications from candidates for two tenure-track faculty positions to begin in the 2010-11 academic year. The first position is a Director of Externships.  Responsibilities would include developing externship placement opportunities for our full-time and part-time students, conducting appropriate supervisory training [...]
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  Posted: October 20, 2009, 8:28am EDT
  by Stan

• U.S. Supreme Ct. Hears Civil Forfeiture Case

  The U.S. Supreme Court heard arguments on Wednesday Oct. 14, 2009  about civil forfeitures, the practice in which the police seize cars, money and other kinds of property said to have been used in connection with crimes.  Civil forfeitures can raise an array of due process issues, and the question before [...]
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  Posted: October 15, 2009, 9:37am EDT
  by Stan

• California Gov. Vetoes State Bar Association Funding Authorization Citing Internal Problems –including high cost of disciplinary system

    Excerpted article By SHERRI M. OKAMOTO, Metropolitan News-Enterprise  October 13, 2009  Gov. Arnold Schwarzenegger has vetoed SB 641, which would have extended the State Bar’s authority to collect annual membership dues through 2010.  In his letter to the Senate, Schwarzenegger explained that he was returning the measure by Sen. Ellen Corbett, D-San [...]
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  Posted: October 13, 2009, 3:33pm EDT
  by Stan

• How the Feds Target the Innocent -The “Right to Honest Services” Criminal Law getting Supreme Court Review

    Justice Scalia said: The honest services law, “invites abuse by headline-grabbing prosecutors in pursuit of local officials, state legislators and corporate C.E.O.’s who engage in any manner of unappealing or ethically questionable conduct.” Excerpted from New York Times article By ADAM LIPTAK   October 12, 2009  In February, Justice Antonin Scalia wrote that [...]
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  Posted: October 12, 2009, 3:55pm EDT
  by Stan

• Was there buried treasure at Summit Hills Country Club? FBI conducts search for evidence on Hole #3 at Summit Hills Country Club in Kenton County. LawReader CEO and Club member Gwen Billingsley denies involvement.

   Club officials are hush-hush about the appearance of the FBI and their federal search warrant, and the “capsule” they removed from the bottom of a hole dug in the turf with the aid of the club’s backhoe.   Club members noted that William Erpenbeck, who was convicted of a financial scandal along [...]
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  Posted: October 09, 2009, 5:55pm EDT
  by Stan

• Mississippi Supreme Court Rules Home Insurance Policy Covers Hurricane Wind/Water Damage

    In a 9-0 decision, the Mississippi Supreme Court has ruled that so-called “all-risk” home insurance policies may cover wind damage from hurricanes, even in situations where the loss is later exacerbated by water from storm surge. The state high court decision found that language in a policy may exclude storm damage [...]
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  Posted: October 09, 2009, 2:39pm EDT
  by Stan

• Florida Supreme Court clarifies when someone is in police custody

    Miami-Herald Florida’s high court said a Miami youth was not free to go when narcotics officers approached him at a park. The juvenile was rolling a marijuana cigarette. Handcuffs, Miranda warnings, the back seat of a police car. They’re all pretty good signs that someone has been “seized” by a police officer. But what [...]
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  Posted: October 09, 2009, 9:14am EDT
  by Stan

• Supreme Court Limits Free speech rights to follow a person around in pubic and get into their face to express your opinion….

   Foes of abortion-rights in Chicago ought to be relieved to know that they’ll continue to have the First Amendment right to “protest, counsel, shout, implore, dissuade, persuade, educate, inform and distribute literature” on the sidewalks outside abortion clinics, despite new restrictions imposed on them in a measure passed Wednesday by [...]
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  Posted: October 09, 2009, 9:00am EDT
  by Stan

• Michigan Court rules Police can’t force alcohol test without warrant

  Jennifer Chambers / The Detroit News Troy — Emran Chowdhury was leaving a house party on foot one night last year when he found himself face to face with a Troy police officer. Investigating allegations of underage drinking, the officer asked Chowdhury some questions and then, according to court records, gave the [...]
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  Posted: October 09, 2009, 8:41am EDT
  by Stan

• Ohio Man Declared a ‘vexatious litigator’ and Must Now Ask Court’s Permission to Sue Anyone

  Excerpted by Cincinnati Enquirer  - Saint Torrance isn’t a lawyer but he’s kept the Hamilton County courts busy with the dozens of lawsuits he’s filed. The Westwood man has sued tenants, utility companies and judges, prompting one judge to take the unusual step of ordering Torrance to file no more lawsuits without [...]
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  Posted: October 09, 2009, 8:35am EDT
  by Stan

• The U.S. News and World Report has published U.S. Law School Rankings for 2009 – UK in top third

     Of the Top 100 Law Schools in the U.S. the University of Kentucky College of Law is the highest ranked Kentucky Law School and is ranked No. 55 nationally.  That puts UK in the top third of U.S. Law Schools.  Louisville is the second and is ranked number 98 in the [...]
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  Posted: October 06, 2009, 9:56am EDT
  by Stan

• U.S. Supreme Court October Term To Hear Six Cases On Lawyer Ethics, Errors- including prosecutorial immunity

   Excerpted from an article by Marcia Coyle  The National Law Journal  September 28, 2009  How lawyers do their jobs — from the type of advice they give clients to the calculation of fees — moves to the fore in the new U.S. Supreme Court term in six cases that could dramatically [...]
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  Posted: October 04, 2009, 6:26pm EDT
  by Stan

• KANSAS SUPREME COURT ISSUES IMPORTANT RULING DISMISSING FORECLOSURE SUITS BY MORTGAGE OWNERS WHO HAVE RELIED ON mers – MILLENNIA MORTGAGE CORP. FOR REGISTRATION OF MORTGAGE INSTEAD FILING WITH COUNTY CLERK…

   This ruling will be important to you if you represent debtors, or banks who have valid first mortgage liens.  The system of electronic registration of mortgages that are bundled and sold by banks, is operated by a group created by the banking industry.  The entity is called Millennia Mortgage Corporation.  MERS [...]
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  Posted: October 04, 2009, 6:08pm EDT
  by Stan

• Breath Alcohol Concentration Tests Can Vary As Much As 20%

  by Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.  http://www.kyduiblog.com/ While the states contend that the science behind Breath Alcohol Testing is reliable, researchers are finding flaws with the science upon which Breath Alcohol Testing is based.  Lung physiology researcher Dr. Michael P. Hlastala, Ph.D. Professor of Physiology, Biophysics and of Medicine Pulmonary and Critical Care Medicine of [...]
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  Posted: October 04, 2009, 5:52pm EDT
  by Stan

• Campaign contribution vs. personal gift to a FAMILY MEMBER – The Law Behind the News

    By LawReader Senior Editor Stan Billingsley  QUESTION: When a father makes a gift to his daughter, who is a candidate for public office, can this gift be considered as an illegal  campaign contribution?   We present the following discussion upon which you may answer the question for yourself.   We begin by examining KRS 121.150(1) [...]
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  Posted: October 03, 2009, 11:52am EDT
  by Stan

• Oregon Appeals Court rules that Implied Consent Law for Blood and Breath Test is Unconstitutional – “a consent to search is “coerced by the fear of adverse consequences, and is ineffective to excuse” a search warrant.”

   By Maxine Bernstein, The Oregonian                 October 02, 2009,  Police and prosecutors say a court of appeals ruling will make it more difficult to investigate and prosecute suspected drunken drivers. Although a man accused of drunken driving gave his consent to have his blood drawn for testing, the Oregon Court of Appeals [...]
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  Posted: October 03, 2009, 9:15am EDT
  by Stan

• The alleged Mongiardo Audio-Video tape is the second instance in a year which may involve illegal eavesdropping in violation of Kentucky law.

  This week a video tape was published on the internet, and widely discussed in the press.  Several experts conclude the tape was clearly spliced and altered. Whoever recorded this alleged conversation and spliced it to hide the alterations have successfully achieved their apparent goal of embarrassing Mongiardo.  A guest on KET’s [...]
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  Posted: October 02, 2009, 9:13pm EDT
  by Stan

• IOLTA TO BECOME A MANDATORY PROGRAM

    The KBA reports: In accordance with its order entered on September 10, 2009, the Supreme Court of Kentucky approved amendments to SCR 3.830 which makes participation in the Kentucky IOLTA Fund mandatory under the provisions of the rule. The amendments become effective on January 1, 2010. Under the amended rule, a lawyer [...]
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  Posted: October 02, 2009, 10:20am EDT
  by Stan