I had a meeting with a Wal-Mart lawyer yesterday who flew into Northern Kentucky. He commented that they had cut his work day in half, he was only working twelve hours a day now. – I know the feeling. - Stan Billingsley
Spike Wright sends this great prayer which we all have uttered at one time or another: On May 5, 1961, Alan Shepard piloted the Freedom 7 mission and became the second person, and the first American, to travel into space. Shortly before the launch, Shepard stated "Please, dear God, don't let me f__k up." This has since become known among aviators as "Shepard's Prayer."
For Law Day May 1st, Northern Ky. Attorneys David Drake (left) Eric Deters (2nd from left) , and Diana Brown (far right) conducted a mock DUI trial for an assembly of 500 students of St. Henry High School in Kenton County.
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Retired Judges Mediation& Arbitration ServicesRetired Judges Stan Billingsley, Dan Schneider, Ken Corey, Thomas J. Knopf, Ray Corns and associates Ann Shake, Steve Ryan, & Gary Weiss are available for mediations and arbitrations.
5 KBA DISCIPLINE RULINGS--Authority of trial judge to issue stay order has limitation , Confession of judgment by failing to appeal is not automaticsovereign immunity of sheriff for acts of deputy-waiver of immunity by statute--medical malpractice – product liability of drug-daubert findings of fact - instructions- duty of notice re: drug hazards – limiting of cross examination of experts- limit to punitive damages--
arrearage in maintenance-- “Child out of wedlock” does not include child born during coverture of marriage inside of ten months--paternity –child born out of wedlock –standard of proof--sentencing for multiple offenses--investigative hearsay – non-disclosure of incriminating statement--value of damaged or stolen property for enhancement – definition of risk of physical harm--Unconditional plea of guilty does not waive all appeals – forma pauperis appeals--Search and seizure--evidence-hair sample –blood sample –sentencing--miranda warning – findings of fact--self-defense instruction - Justice Cooper's jury instruction manual… is not binding authority--appeal –court facilities fee collection--60.02 motion-11.42 motion--EVIDENCE OF PRIOR CONVICTION 25 YRS. AGO MERITS NEW TRIAL – CREDIBILITY--HEARSAY OF SOCIAL WORKER REVERSIBLE ERROR--right to confront accuser –prosecutor stood between child witnesses and defendant during examination- harmless error – finding of compelling need omitted--lesser included instruction –definition of robbery enhancement to assault- fleeing--Terry Stop – investigatory stop –corroboration of anonymous tip--open records – burden of proof-inmates right to use open records law--selection of jury pool-service of summons on juror-batson ruling – batson test-abuse of discretion – strike of juror for cause in error--11.42 motion, 60.02 newly discovered evidence motion-contradictory statements by witness--appeal regarding sales tax on medical devices – justice Abramson gives valuable grammar lesson on use of adverbs and participles-- spousal privilege negated by divorce –faretta test for def. to represent himself-review of witnesses mental records-scolding by judge at sentencing--search and seizure – reasonableness- articulable suspicion-search and seizure – nervousness- articulable suspicion-anomymous tip- pat down search-suppression of EVIDENCE --worker’s compensation- bona fide wage-disability benefits--WORKER’S COMPENSATION-SUBSTANTIAL EVIDENCE –OBJECTIVE MEDICAL FINDINGS--WORKER’S COMPENSATION-REOPENING--WORKER’S COMPENSATION –APPEAL TIMEworker’s compensation –calculation of potential to earn wages based on prior workworker’s compensation – whole man doctrine – form 111 filing date – good cause for late filing--
39 decisions - 4 to be published - Keyword w/ synopsis
Edited by Judge Stan Billingsley (ret.)
Topics for week of April 25th.
adverse possession – passway – law of the case doctrine--boundary line dispute – parol evidence- interpretation of written agreement--Unjust enrichment –interpretation of contract – missing term in contract--Farm Animals Activities Act (“FAAA”),- release of liability – gross negligence- summary judgment--, child abuse – motion in limineActions permitted by trial court while case is under appeal – stay of appeal- abuse of discretion--interpretation of will – ownership of cattle--arbitration – court’s duty – equity--contract – holdover on lease:
medical malpractice – preeclampsia – expert testimony – law of the case doctrine – damages- presumption of earning power of child – viability--11products liability- proof of similar failures--transfer of car title – insurance coverage-summary judgment--appeal time for administrative hearing – substantial compliance doctrine does not apply--municipalordinance does not create duty to other party as does statute – negligence- foreseeability- duty- municipal lease law--jurisdiction of family court re: name change – Application of Fenwick – parent’s request to move from state with child – joint custody dismissal due to neglect of attorney- attorney’s neglect in trying the case can be imputed to client--retirement disability claim--priority of competing mortgages- Kentucky is a race-notice jurisdiction- notice- actual knowledge--worker’s compensation – preexisting conditions--child support arrearage – attorney fees – discoveryslip and fall – open and obvious –expert witness- invitee--case of first impression in Ky. – voluntary dismissal without prejudice not to be denied when opposing party files only a motion to dismiss--venue is not a final and appealable issue--child custody – fitness of parent – best interest of child--worker’s compensation reopening-ttd benefits procedure--worker’s compensation – krs 342-316 regarding “readers” in black lung cases is constitutional--juvenile – circumstantial evidence- motion for directed verdict-terroristic threatening – definition of school function--11.42 motionsentencing – Miranda at pre-trial – court reliance on citation – boykin rights do not require notifying felon that he can’t possess a firearm--11.42 motion – retroactive application of new sentencing alternative- recantation by witness--probable cause for search warrant – preservation of conditional plea--juvenile rights – subject to sentencing as sexual offender--11.42- misinformation about right to probation-parole--sufficiently of evidence-finder of fact--probable cause, use of drug dog search--sentencing court did not read elements of crime – detriment not shown --probable cause for search warrant--miranda-questioning on the street not seizure-miranda does not apply to physical acts--prison discipline- some evidence rule--
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