SEPARATION OF POWERS - POWERS OF CONFIRMATION by LawReader Senior Editor Stan Billingsley -Discussion of issues relating to the Separation of Powers, Powers of Appointment, Maximum Terms of Office, Power of Senate and General Assembly to confirm executive and judicial officers, and members of boards and commission.
ROADBLOCKS ARE SCHEDULED: The Federal Government has given a grant to the Ky. Transportation Department of $200,000 for seat belt checks May 19 and June 1. LawReader sources say there is no bounty per ticket. The money is for overtime. However, a district court connection told us that in order to get overtime, Ky. State Troopers have to write at least 3 tickets. Whether the overtime in this seat belt program will follow the same rules, we don’t know. There may be road blocks with rewards to those who are wearing their seat belt
Quote of the week: Dem. political consultant Danny Briscoe, on Dem. Senate candidate Greg Fischer's TV ads: “Fischer’s commercials have been so bad, he ought to sue his people for making them.”
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Kentucky Court of Appeals Judges: (L toR) Michelle Keller, Kelly Thompson, Jr., and Senior Judge John W. Graves heard oral arguments in a number of cases in Carroll County on May 12th and 13th .
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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--
36 decisions w/ keywords and synopsis - 4 to be published
Edited by Judge Stan Billingsley (ret.)
Topics for week of May 8th.
worker’s compensation-up the ladder defense--appeal stays statute of limitation--quiet title action – procedure-appeal-summary judgment--INSURANCE- DOCTRINE OF INFERRED INTENT –EXCEPTION TO RULE-SUMMARY JUDGMENT--FRAUD IN CONTRACT- APPEAL PROCEDURE FOR ATTORNEY FEE CLAIM – PROOF OF FRAUD STANDARDSTORT CLAIM ARISING OUT OF EMPLOYMENT – AT WILL EMPLOYMENT-RETALIATORY FIRING--DIVISION OF MARITAL PROPERTY –MAINTENANCE-SLANDER OF TITLE – SLANDER OF QUALITY OF PROPERTY-DAMAGES MUST BE PLEAD-STATUTE OF LIMITATIONS –SUMMARY JUDGMENT--child support arrearage modification rule--time for filing notice of exceptions in administrative hearing--visitation-child support-joint custody--liability of property owner for damage caused by falling tree- case of first impression in Kentucky--Editor’s Note: We believe that this case should be a published case .--.piercing the corporate veil – arbitration clause does not apply to corporate parent--adverse possession--title to real estate-divorce decree-quitclaim deed--termination of parental rights--will construction – partial intestacy--domestic violence hearing--worker’s compensation- causation--worker’s compensations- heart attack--60.02 motion--reopening of property settlement due to ambiguous language--revocation of probation-findings of fact- due process--11.42 hearing- taint hearing--11.42 motion --prison discipline hearing-due process--11.42 motion untimely--withdrawal of guilty pleaevidence-replaying of tapes for jury--prior conviction can only be used once for enhancement to pfo--resisting arrest can be basis for escape charge--severance of charges for separate trials – identification line up--double jeopardy – lesser included offense –faciliation-complicity:--directed verdict- tampering with evidence--
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