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March 11, 2010

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Quote of the week:  
U.S. Senate Majority Leader Reid, on Sen. Bunning’s one-man stand against the unemployment insurance bill; “He wasn’t too worried about this during the eight years of the Bush administration, when two wars were unpaid for; all these tax cuts, these 2.5 trillion of dollars.”
 

 

 
KENTUCKY WEEKLY APPELLATE DECISIONS SYNOPSIS
Edited by Judge Stan Billingsley (Ret.)
35 decisions - 24 to be published  - published Jan. 22, 2010
29 cases - 2  to be publISHED   
Note:  Update your Free Adobe Acrobat Reader> http://get.adobe.com/reader/
Opinions COURT of Appeal 
Library of prior decisions
Opinions Ky SupREME  COURt
 
Library of prior decisions
Judge Billingsley's provocative new book released by LawReader Press:
Prosecutorial Accountability
How the Courts and Legislature Protect Prosecutors from Accountability for Violations of Laws, Ethical Rules & Citizen’s Rights  - A study of problems and remedies
This is the one law book you should buy this year.
 LIMITED EDITION, ORDER NOW!
FOR MORE INFO AND ORDER FORM GO TO : 
 Prosecutorial Accountability Book Info
 
 
 
 Boone Senior Status Judge Mike Collins watched his race horse run in Miami  while you shoveled snow off your driveway! (Judge Collins is on the right.)
 Ground Breaking for new Owen County Justice Center March 11, 2010. In attendance were: Retired Judge Stan Billingsley, District Judge Elizabeth Lester, Circuit Judge Stephen Bates, and District Judge Thonas Funk.
 
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                                                                      BlueGrassPolitics  OUTSTANDING RESOURCE
 
                          LawReader News - Library of previously published articles
 
FEDERAL JUDGE RULES THAT COMMONWEALTH  ATTORNEY GARY GREGORY AND CIRCUIT JUDGE OSCAR HOUSE "TOOK PART IN VOTE FRAUD" IN CLAY COUNTY. THEY WERE NOT INDICTED. Read Story
SUPREME COURT BARS ATTORNEYS FROM BANKRUPTCY ADVICE TO INCREASE DEBT BEFORE FILING Read Story
 
Kentucky Businesses to Receive Annual Report Notice, Can File Now Online
Monday, March 01, 2010 Issued By: Secretary of State   Kentucky business entities will soon receive notice to file their annual reports. However, business entities registered in the Commonwealth of Kentucky can obtain their 2010 annual reports immediately by visiting the Kentucky Secretary of State's website today.
 
Gov. Beshear has appointed the following members to the Judicial Nominating Commission for the 18th Judicial Circuit and District to serve for terms expiring Jan. 1, 2014.  Robert Sparks, of Carlisle, is a retired dentist.  The appointment replaces Mary June Brunker, whose term has expired.   Phillip E. Turner, of Butler, is self-employed.  The appointment replaces Karen Schulman-Bear, whose term has expired.
 
U.S. SUPREME COURT UPHOLDS GOVERNMENT'S JUROR STRIKE BASED ON HER DEMEANOR AND BODY LANGUAGE - NO BATSON VIOLATION   Read Story
 
U.S. SUPREME COURT RULES THAT A TWO-YEAR BREAK IN INTERROGATION NULLIFIES 5TH. AMENDMENT DEMAND TO REMAIN SILENT MADE TWO YEARS PRIOR TO CURRENT INTERROGATION Read Story    see: Maryland v. Shatzer Demand can expire in as little as two weeks if defendant released
 
LAWREADER WELCOMES SOUTH CAROLINA BASKETBALL WHIZ DEVAN DOWNEY TO KENTUCKY   Read Story  
 
  
U.S. SUPREME COURT RULES THAT DIVERSITY JURISDICTION OF CORPORATE HQS IS DETERMINED BY CORPORATION'S NERVE CENTER WHERE MOST WORK IS PERFORMED Read Story
                       
 
 
RESPECTED COVINGTON ATTORNEY THOMAS R. WILLENBORG PASSES Read Story  
RULES FOR OLYMPIC CURLING - SCORING Read Story
 
ZERO-TOLERANCE DUI BILL MAKES ZERO SENSE Read Story
 
ARIZONA FEDERAL JUDGE FINDS GROUNDS TO SANCTION TOUGH GUY SHERIFF JOE ARPAIO Read Story
 
HUNDREDS OF OHIO DEFENDANTS ARRESTED ON COURT CLERKS ORDERS - PROSECUTORS AND JUDGES BYPASSED Read Story
 
CALIFORNIA PROSECUTOR DISBARRED FOR ETHICAL MISCONDUCT - DISOBEYING COURT ORDERS, HIDING EVIDENCE FROM DEFENDANT Read Story
 
Statistics from the Death Penalty Information Center show that the death penalty in America is dying. In 2009, the number of death sentences dropped for the seventh consecutive year; it’s now the lowest since the Supreme Court re­instated the death penalty in 1976. Eleven states considered abolishing the death penalty last year, citing high costs and lack of measurable benefits. New Mexico just became the 15th state to abolish it.
 
ATTORNEY DIANA SKAGGS TAKES ISSUE WITH CT. OF APPEALS RULING WHICH VOIDS FAMILY COURT ARBITRATION PROCEDURES - RULING VIRTUALLY INVITES SUP. CT. REVIEW Read Story  
 
GOVERNMENT CAN TRACK YOUR MOVEMENTS BY MONITERING YOUR CELL PHONE Read Story  Doies this violate your constitutional rights?
 
TOYOTA RECALL SPARKS LARGEST CONSUMER-FRAUD class action CASE EVER - ONE CLAIM FILED IN KENTUCKY Read Story  
 
SUPREME COURT'S DECISION ALLOWING CORPORATE CAMPAIGN FREE SPEECH PROVIDES BASIS TO BRING KENTUCKY'S RESTRICTIONS ON FREE SPEECH OF LAWYERS INTO QUESTION   Read Story
 
ILLINOIS JOINS SIX OTHER STATES WHICH HOLD THAT MED MAL CAPS ARE UNCONSTITUTIONAL Read Story
 
DOES SB 87 APPLY TO COUNTY LAW LIBRARIES? Read Story
 
WISCONSIN COURT LIMITS PBT EVIDENCE IN DUI CASE   Read Story
 
CAN THE JUDICIARY MANDATE THAT THE EXECUTIVE BRANCH ADEQUATELY FUND THE COURT SYSTEM?  Read Story    Mississippi Supreme Court says yes!!
 
AOC STRUGGLES TO PAY FOR NEW COURTHOUSES   Read Story  
 
JUSTICE ALITO BREACHES ETIQUETTE AND SHOWS DISTASTE OVER OBAMA'S CRITICISM OF CORPORATE RULING RE: CAMPAIGN FINANCE Read Story
 
U.S. SUPREME COURT ENDS CONFRONTATION CLAUSE CHALLENGE - UPHOLDS FORENSIC EXPERT RULING IN MELENDEZ-DIAZ CASE.   Read Story
 
 
 
ANALYSIS OF U.S. SUPREME COURT'S RULING ON CAMPAIGN FINANCE IN CITIZEN'S UNITED V. FEDERAL ELECTION COMMISSION Read Story  
This week the Ky. Supreme Court released 35 decisions for January. If you aren't staying current by reading the synopsis published by LawReader each week, you are missing the great work of the NEW Supreme Court. They issued 24 published cases this month, and many trial court and Ct. of Appeals decisions were overruled. A lot of new law is now on the books. We love the NEW Supreme Court!!!
 
DAVID J. HALE & KERRY R. HARVEY HAVE BEEN NOMINATED FOR U.S. ATTORNEY POSITIONS IN KENTUCKY
 
U.S. SUPREME COURT RULES THAT VOIR DIRE MUST BE OPEN TO PUBLIC Read Story
 
  
 
 
 
 U.S. SUPREME CT. OVERRULES 6TH CIRCUIT ON FEDERAL HABEAS CORPUS RULE Read Story  
 
STATE'S E-TRANSPARENCY SITE NOW INCLUDES JUDICIAL BRANCH EXPENDITURES AND CONTRACTS, SALARY INFORMATION Read Story 
 
THE DRAMA CONTINUES IN SHELBY COUNTY. MAJOR WIN GOES TO DISTRICT JUDGE DONNA DUTTON WHO WAS UPHELD BY CT. OF APPEALS. Read Story  
 
PRODUCTS LIABILITY SUIT: CHEMICALS IN INFANT CAR SEAT CAUSED PERMANENT DISFIGUREMENT OF CHILD Read Story
 
AOC SERVICE WHICH PROVIDES CRIMINAL RECORDS CHECK TO CHARGE $15 PER REPORT -- Public can obtain criminal records check online, by mail of drive-thru service in Frankfort Read Story  
 
 GOVERNMENT SETTLES PROSECUTORIAL MISCONDUCT CIVIL CASE WHICH WAS PENDING IN U.S. SUPREME COURT - POTTWATTAMIE COUNTY, IOWA PAYS $12 MILLION TO TWO DEFENDANTS WHO WERE FRAMED BY PROSECUTORS - prosecutorial immunity on increasingly shaky ground  Read Story  
 
 
HAS THE KBA INQUIRY COMMISSION AND BAR COUNSEL CROSSED THE LINE IN EXPANDING LIMITS ON ATTORNEYS FREE SPEECH RIGHTS? Read Story                                    Editorial by LawReader Senior Editor Stan Billingsley
 
read THE JOHN M. BERRY JR. LETTER WHICH UPSET THE LEGISLATIVE ETHICS COMMISSION AND SPARKED A WARNING FROM THE KBA INQUIRY COMMISSION, AND A FEDERAL LAWSUIT. Read Story   How much free speech does a lawyer have? 
 
 
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 Right to Criticize Actions of the Legislative Ethics Commission re: investigation of Sen. David Williams  Read Story  SEE THE LAW BEHIND THE NEWS....
 
 
NEW YORK JUDGE CENSURED FOR RECUSALS OVER LACK OF PAY RAISE Read Story
 
MICHIGAN SUPREME COURT ADOPTS NEW RULE ALLOWING ENTIRE COURT TO VOTE TO RECUSE A SUPREME CT. JUSTICE WHO IS BIASED AND REFUSES TO RECUSE HIMSELF Read Story
 
 
KENTUCKY HAS ADOPTED A STATUTORY SYSTEM FOR PAYMENT OF CIVIL CLAIM AWARDS AGAINST PROSECUTORS Read Story
 
 U.S. SUPREME COURT CITES EMERGENCY EXCEPTION AND ALLOWS WARRANTLESS ENTRY OF HOME BY POLICE Read Story
 
 
GOVERNMENT SEARCHES LIMITED - JUDICIAL RULING INVOLVING DRUG TESTS FOR ATHLETES HAS BLOSSOMED INTO A HUGE FOURTH AMENDMENT CASE Read Story
 
 U.S. SUPREME COURT UPHOLDS 6TH. CIRCUIT RULING THAT (RICO) RACKETEERING SUIT MAY PROCEED AGAINST EMPLOYER AND WORKER'S COMP. INSURANCE ADJUSTOR FOR CONSPIRING TO DENY BENEFITS -  It is claimed they sought fraudulent medical opinions and unqualified doctors to defeat worker claims Read Story
 
"The difference between genius and stupidity is that genius has its limits." - Albert Einstein
 
NUMEROUS BILLS PREFILED FOR 2010 SESSION OF LEGISLATURE, INCLUDES EXPANSION OF DIST. COURT DOLLAR JURISDICTION - dui shock probation-expungement of class d felony - domestic violence expansion etc. Read Story
 
  Federal Public Defender  newsletter
www.fpd-ohs.org
 
A "per curiam" or "for the court" opinion  is one  in which the justices are in agreement without needing to hear oral argument.
Ky. Practices For Retaining Evidence Affects Old cases. Read Story
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, ordered released from Federal Prison On Possession of Firearm. Read Story
 
 
 
 
the rule of de minimus non curat lex.        The rule translates from the Latin as "The law does not concern itself with trifles." BLACK'S LAW DICTIONARY (8th ed. 2004), de minimis non curat lex (Westlaw through September 2007). But the "trifles" to which the rule refers are not the dollars involved in a case. That understanding of the rule ignores the proper role of the judiciary. The courts are not redistributors of wealth. The courts address injustice and enforce rights, or at least strive to do so. The movement of dollars from party to party is merely a by-product of the judiciary's work. In our application of the rule of de minimus non curat lex, the sum of money has never been the primary consideration.. Baker v. Commonwealth, No. 2005-CA-001588-MR (Ky. App. 10/19/2007) (Ky. App., 2007)
  
ENANTIOSIS: Definition - The yoking together of opposites to teach a poetic truth by contrast.  An example is make haste slowly.
 
 
  LAWREADER.COM NAMED ONE OF THE "TOP LEGAL RESOURCES" ON THE INTERNET .   LawReader CEO Gwen Billingsley announced Nov. 5, 2009 that Laws.com the highly respected host of the Barristers Blog has recognized LawReader.com is one of the top legal resources in the country. 
 
 
LawReader provides a Legal News Blog and a free newsletter service which may be accessed by non-subscribers.
For subscribers LawReader provides a complete national case law data base, annotated Ky. Statutes and Rules, a Weekly Synopsis of all Kentucky Appellate Decisions,  and the most complete aggregation of Kentucky law available online.
 
 Florida Supreme Court clarifies when someone is in police custody Read Story
 
Supreme Court Limits Free speech rights to follow a person around in public and get into their face to express your opinion Read Story
       
Breath Alcohol Concentration Tests Can Vary As Much As 20% Read Story  Article by Lexington Attorney Steve Isaacs. 
 
 
THERE IS A NEW SHERIFF IN TOWN!!! Ky. Supreme Court Makes Major Change in Loss of Consortium Law and Allows Post Death Damages   Read Story  this new supreme court is establishing progressive record
 
  IOLTA TO BECOME A MANDATORY PROGRAM Read Story
 
Kentucky DUI fatalities Decrease by 59% Since 1982  -  Kentucky DUI Statistics Include Non-drivers and Do Not Indicate if the Fatality was Caused by a Drunk Driver. - Kentucky leads the nation in ATV accident deaths.  Read Story  
 
  
Problems with Intoxilyzer 5000 Breath Test Results - these issues may provide the basis for obtaining access to the “source code”   Read Story  
 
LOOK LIKE THE  SUCCESSFUL LAWYER  YOU ARE!! LawReader recommends a tailor that makes house calls. “TOM  JAMES of Louisville”, Call Jordan Yocum Office Ph. (859)-296-4023 - Cell Ph. (502) 525-0802.  Once you have a tailored shirt or suit you will never go back to buying off the rack. They actually come to your office with a tape measure and samples.  Tell him that LawReader said to take good care of you!!
 
Claim of Prosecutorial Civil Immunity Denied Nation’s Chief Prosecutor by U.S. Circuit Court of Appeals   Read Story  
  
Ky. Supreme Court Overrules Ct. of Appeals Order Allowing Access to BA Machine Computer Codes
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.  The Kentucky company which manufacturers the BA [...]
 
   COURT UPHOLDS CONFRONTATION CLAUSE AND MANDATES THAT CRIME LAB TECHNICIANS MUST APPEAR AT TRIAL - JUDGE MARTIN J. SHEEHAN VINDICATED AFTER TWELVE YEARS  Read Story 
 
U.S. Supreme Court Rules Parents of Special Ed Students Can Seek Compensation for Private Schooling of Their Children Read Story  
 
NEW RULE CREATES DUTY OF LAWYERS TO REPORT ETHICAL VIOLATIONS OF THE CODE OF PROFESSIONAL RESPONSIBILITY.   Read Story  
 
 
The Kentucky Supreme Court overturns Ward v. Housman regarding Rules for Dismissal Due to Lack of Prosecution. -- New Standard Created   
Read Story
  
 
 

 
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The Rickets Law Office of Louisville appeared delighted with the resources provided by LawReader.
 
They have joined over 350 Ky. law firms by signing up for the best value and the most focused Kentucky legal resources online. 
 
L.to R. Lauren Dupre, Barbara Shea, Charlie Ricketts, Geof. Bialas
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On May 9th. The Women's Network Political Action Committee held a "New Deal Dinner" at the Galt House in Louisville.
 
The Keynote speaker was Anna Eleanor Roosevelt the Granddaughter of President Franklin D. Roosevelt.  Ms. Roosevelt is a former professor at Western Ky. University, in Bowling Green.  She currently lives in Chicago where she is Director of the Global Corporation Citizenship activities of the Boeing Corporation.
 
The event was attended by (left to right) Shelly Chappell (LawReader para legal), Claudia Way of Carrollton, Ky., Gwen Billingsley CEO of LawReader, and Becky Kinman (LawReader para legal.)
 
 
 

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