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PRACTICE AND PROCEDURAL TIPS Library of resources regarding the practice of law, with tools and tips. A fast way to find resources.
JURY INSTRUCTIONS LIBRARY PROPERTY TAX APPEALS - FORMS AND PROCEDURES FOR APPEAL Procedures for appealing a property tax assessment. FORMS -Copies of actual pleadings, appeal to Bd. of Tax Appeals, Appeal to Circuit Court, Appellant's Brief, Appellee's Brief, Notices, Instructions, Exhibits. INJUNCTIONS, RESTRAINING ORDERS, RULES AND ANNOTATIONS Restraining orders, injunctive relief, bonds, irreparable injury, modification, service, receivers.
Quote: " As this court has noted, "... common sense must not be a stranger in the house of the law." Cantrell v. CONFRONTATION CLAUSE RULING EXCLUDES HEARSAY AND COMPELLED TESTIMONY Testimony of witness not subject to cross examination which is testimonial in nature, or which is compelled, is excluded by Crawford v. Williams ruling of U.S. Sup.
LAW GURU Answers to 35,000 legal questions, Law Topics, Lawyer Chat Rooms, Legal Terms Directory, Unclaimed Property all states, Internet Law Library, Weird Laws - TIPS ON HOW TO BE A SUCCESSFUL LAWYER How to survive and build your reputation. EVIDENCE DIGEST Quickly find evidence defintions, standards, rules, tips, authorities on almost any evidence question. This is a big time saver, and is invaluable in the courtroom FORMS FOR PRACTICE AND PLEADINGS- cross-index Fast index for pleading and practice of law forms - Motions, Orders FORMS LIBRARY 78,000 Legal Forms – Our Main Forms Library SEXUAL OFFENDERS REGISTRATION Links to statutes, and hyperlinked Hyatt Case which discusses all issues regarding Sexual Offender Registration Act STANDARDS FOR ADMISSION OF DRUG DOG EVIDENCE go to: Commonwealth v. Jason Baldwin Suppression Order Deals with fact that NEW DOCUMENT RETRIEVAL SOFTWARE from GOOGLE Learn about a free download from Google that installs on your computer and allows you to retreive files and documents you have stored (and probably forgotten the file name) with only a few clicks. We have tested it and it works. The download and installation process is incredibly easy. OHIO UNPUBLISHED OPINIONS MAY BE CITED FREE TEMPLATES Microsoft Office 2003 - Templates for invoices, calenders, planners, resume's, greeting cards, business plans, and clip art and more. TRIAL NOTEBOOK - BE ORGANIZED FOR TRIAL TORT REFORM IN KY. - THE FACTS Ohio tort law debate: Reform or Restriction? Enquirer article about the "reform" effort in Sen. Williams may be right… DISCUSSION OF THE HEAVY CASELOADS BEING CARRIED BY PUBLIC DEFENDERS
SERMON BY BILL MOYERS OCT. 2004 Interesting speech or sermon about where Inactive resources: OLD CRIMINAL STATUTES Chapters 431 thru 441 inactive resource Ohio inactive resource About Law Reader tutorial
NEWS, FEATURES AND TOPICS RECENTLY ON THE HOME PAGE ARE STORED HERE FOR YOUR CONVENIENCE NEW Our new LawReader search engine is up and running and provides faster and more relevant searches. This may be the quickest way to find a topic. Go to the search box at the top right of this page, enter your search topic, and submit, then select most relevant hit.
Syllabus of UNITED STATES v. BOOKER - re: Fed. Sentencing Guidellines See: Recent Decisions of the Sup.
APPRENDI - Staying Afloat in the Apprendi Flood Chaos caused as courts attempt to sort out HARMLESS ERROR, PLAIN ERROR, and RETROACIVITY CONSIDERATIONS
RETROACTIVE APPLICATION OF STATUTES, RULES OF PROCEDURE, COURT RULINGS & ADMINISTRATIVE REGULATIONS Authorities for determining whether retrospective application ...will apply.
BLACK LETTER LAW RE: THE KY. STATE SENTATE ELECTION CONTEST CONFLICTING CONSTITUTIONAL PROVISIONS AND CASES DISCUSSING THE POWER OF THE LEGISLATURE TO JUDGE QUALIFICATIONS OF THEIR OWN MEMBERS. RETIRED CHIEF JUSTICE JOHN S. PALMORE OFFERS SOLUTION - SEC. 2 FORBIDS ARBITRARY POWER
KRS ANNOTATED - PENAL CODE COMPLETED WITH ANNOTATIONS. This will save you many hours of research.
NEW AMENDMENTS TO CIVIL RULES EFFECTIVE 1-1-2005 - Comparison of old rule with new rule or text of rule deleted.
AMENDMENTS and DELETIONS TO THE RULES OF CRIMINAL PROCEDURE eff. 1-1-2005 Compare new rule to old rule, and see what was deleted.
CHANGE TO RULES OF EVIDENCE eff. 1-1-2005 See new rule of evidence
RULES CHANGES FOR 2004 by SUP. CT. changes re: Advertising, Interpretors, Master Commissioners, changed during 2004.
LAW OFFICE MANAGEMENT RESOURCES Articles and advice on how to build up your law practice, how to improve time and billing management, find and retain new clients, and administer your law office business.
WITHDRAWAL OF GUILTY PLEA - STANDARDS duties of Commonwealth, power of court to grant withdrawal of guilty plea, consequences of defendant's breach of plea agreement allowing Commonwealth to be released from its portion of the plea agreement. Court's discretion to grant withdrawal.
Louisville Airport uses uncertified handlers and dogs. Changes underway as Courier-Journal discloses questionable practices in the training of handlers and dogs used to inspect passengers luggage to bypass 4th. Amend.
Fayette Family Court Judge Awards Custody of Boy to UK Football team! To bizarre to miss. Kentucky Attorney General’s Open Records and Open Meetings Decisions Includes recent decision re: agencies duty to conduct a search and not blow you off. Contact information in case you wish to make a charitable donation to the victims of the Asian Tsunami Go to: http://www.command-post.org/nk/2_archives/cat_indian_ocean_tsunami.html PROBATE EXCEPTION IS APPLICABLE IN BANKRUPTCY CASES- the Anna Nicole Smith decision. 9th. Circuit Decision, refers to 6th. Cirt. ruling upholding the probate exception to Federal Law. End result is that wife’s dower rights are defeated. This important decision is likely headed to U.S. Sup.
Attorney Indicted for Assisting Client to Develop Evidence Against Prosecutor by filming Sex Act A cautionary warning! Tape disclosed to Judges, KBA and therefore was "distributed".
PROFESSOR LAWSON AUTHORS STUDY: Kentucky Sentencing Laws too Harsh 600% growth in inmate population due to PFO for non-violent offenses is harshest in nation. We need new prison each year at current growth rate. See Courier-Journal Editorial and comments by Fayette Com. Attn. Ray Larson. - 'A better and safer society' By Ky. Lt. Gov. Stephen B. Pence takes on Ray Larson Bomb-sniffing teams at airport left in disarray As part of the nation's homeland security effort, five OATHS OR AFFIRMATION - CERTIFICATION REQUIRED WITH DEED May party affirm instead of swear? Authorities shown allowing affirmation. Also form for certification required with deed re: selling price CONSTITUTIONAL "SAME-SEX MARRIAGE" AMENDMENT, KY. Full text of constitutional amendment passed November 2d. Discussion. Due Process may be the basis for a constitutional attack on the amendment. EQUAL PROTECTION CLAUSE USED TO VOID COLORADO CONSTITUTIONAL AMENDMENT Campbell Co.'s Len Kopowski, and Shelby Co.'s Bill Stewart announce retirements.
Attorney general sues Byrider Kentucky native is new Trump 'Apprentice'
WOMEN CLAIM MAJORITY OF JEFFERSON CO. JUDICIAL POSTS Discussion of why women have such success in getting elected to the Judiciary in FIREFOX - We recommend a new Browser that eliminates many of the security problems of Internet Explorer, it allows you to open more than one web page at a time, has a pop-up blocker and spam filter. You can still keep Internet Explorer for when you need it. The download is free, go to: Firefox download: http://www.mozilla.org/products/firefox/switch.html Ragland v. Commonwealth Decision grants new trial due to: COMMENT ON DEFENDANT'SFAILURE TO TESTIFY - Ky. Sup.
Free LawReader Training SeminarDec. 7th - 1:00 PM General Butler State Park - Carrollton, KY Bluegrass Room in the Conference Center Members and Interested Parties Welcome!
PROFESSOR LAWSON AUTHORS STUDY: Kentucky Sentencing Laws too Harsh 600% growth in inmate population due to PFO for non-violent offenses is harshest in nation. We need new prison each year at current growth rate. See Courier-Journal Editorial and comments by Fayette Com. Attn. Ray Larson. - 'A better and safer society' By Ky. Lt. Gov. Stephen B. Pence takes on Ray Larson OATHS OR AFFIRMATION - CERTIFICATION REQUIRED WITH DEED May party affirm instead of swear? Authorities shown allowing affirmation. Also form for certification required with deed re: selling price CONSTITUTIONAL "SAME-SEX MARRIAGE" AMENDMENT, KY. Full text of constitutional amendment passed November 2d. Discussion. Due Process may be the basis for a constitutional attack on the amendment. EQUAL PROTECTION CLAUSE USED TO VOID COLORADO CONSTITUTIONAL AMENDMENT NEW YORK REGION | February 5, 2005 Kentucky Lawyer's Directory We have just added the best Ky. Lawyer's Directory anywhere. Over 12,000 names, addresses, and phone numbers of licensed Ky. Lawyers are posted here in a data base searchable by County, City, First name, or Last name. You can find the contact information of any Ky. Lawyer in seconds. To check for recent updates go here: LAWYER'S DIRECTORY UPDATES and CORRECTIONS We ask that you e-mail any updates or corrections to: gwenceo@hotmail.com
****************************************** See the Video that answers the question of what to do when your client is guilty, and you have no evidence whatsoever to get him off. Declare Opposite Day. (A short commercial will play, and then the video will play.) go to: http://vidmax.com/index.php/videos/view/2166
KY Supreme Court rules that Seum-Stephenson is ineligible to serve as state Senator Roach and Scott dissent. May mean Gov. to call special election for 37th. Senate seat in Jefferson Co. TO READ FULL TEXT OF DECISION GO TO: 2005-SC-000604-TG.pdf STEGOSAURUS Definition of dinosaur with brain the sizeof a walnut...you may want to save this for a closing argument! ALITO CONDEMNED BY JONATHAN TURLEY
KY Supreme Court rules that Seum-Stephenson is ineligible to serve as state Senator Wintersheimer to retire from Supreme Court Possibe successors Ct. of Appeals Judge Wil Schroder and Attorney Marcus Carey heap praise on Wintersheimer.
KY - JULY BAR EXAM RESULTS ANNOUNCED Go to: http://www.kycourts.net/Supreme/documents/BarExamResults.pdf Clay County is ‘caintucky’s Cocaine Case Capitol Citizens Committee in Office of Special Counsel Patrick J. Fitzgerald (CIA leak investigation) Official site listing orders, reports, etc. Chief Justice proposes new family court judicial circuits New Circuits to be drawn to allow extension of Family Courts to rural counties. Position Announcement Statewide Pro Bono Development Director Deadline Nov. 1, 2005 Clay County is ‘caintucky’s Cocaine Case Capitol Citizens Committee in NO. KENTUCKY LAWYER SUES WHITE HOUSE FOR DISCLOSURE RE: DOBSON STATEMENT NEW DISTRICT JUDGE APPOINTED IN 28TH. FOR PULASKI & ROCKCASTLE KENTON COUNTY TO GET TWO FAMILY COURT JUDGES Supreme Court term packed with meaty cases PRESIDENT BUSH NOMINATES HARRIET MIERS TO SUP. CT. VACANCY See her resume. Work facing this term of court. Justice Roach linked to hiring situations in ongoing Merit System investigation Herald Leader reports invovlment of Sup. Ct. Justice (then Gov.'s legal counsel) to hiring investigation. Sup. Ct. Issues New Rule On Judicial Candidates Comments CIVIL COURT COSTS - CR 54.04 OBJECTIONS TO COST, AND AUTHORITIES Are you aware of the five day rule re: exceptions to court costs sought by the prevailing party in a civil action? This circuit court decision discusses the issue in detail and holds that there is an exception. KBA Legal Update 2005 Program - Dates and Sites SUPREME COURT DECLINES TO GRANT DISCRETIONARY REVIEW OF JUDGE BILLINGSLEY’S APPEAL re: INTERLOCUTORY REVIEW of dist. ct. EVIDENTIARY RULINGS during the pendency of a trial by circuit court. Boone judges among busiest Ky. Post cites AOC case statistics showing heavy case loads carried by Boone Judges. Boone Circuit Court has heaviest case load in state per judge. Senior Status Judge Stan Billingsley assigned to assist Circuit Judge Tony Frohlich. Frohlich and Billingsley closed record 2000 cases in 2004! lawreader provides fed. court decisions for the following federal practice courts: Bd. of Immigration Appeals, Court of Federal Claims, TEN COMMANDMENTS - U.S. SUPREME COURT RULINGS Kentucky & Texas Decsions June 27, 2005 KELO ET AL. v. CITY OF NEW LONDON ET AL - June 23, 2005 - U.S. Sup. Ct. upholds taking of private property for community development purposes - liberal definition of "public purpose" doctrine adopted by 5-4 decision ROMPILLA v. BEARD, 6-20-2005 U.S. Sup. Ct. "This case calls for specific application of the standard of reasonable competence required on the part of defense counsel by the Sixth Amendment. Fayette County Attorney Margaret Kannensohn does the right thing and refuses to prosecute alleged rape at Wildcat Lodge. LawReader salutes fayette prosecutor. Montgomery District Judge William Lane recognizes that a chicken is not a four legged animal Cock fighting prosecution dismissed, read the statutes and tell us how the judge could have done anything else! Congratulations to David B. Sloan, a partner in the Congratulations to LINDA TALLY SMITH, Commonwealth Attorney for Boone and Gallatin counties. She has been elected Ohio Congressional Election news Schmidt sneaks by democrat hackett by slim margin in heavily republican district Presidents, Picking Justices, Can Have Backfires Presidents have often been disappointed in their Sup. Court nominees. why Judges should keep their mouths closed: "We cannot ask a man what he will do, and if we should, and he should answer us, we would despise him," A. newTreasury Department Circular No. 230 (Rev. 6-2005) Governing the Practice of Attorneys This new IRS policy affects attorneys who practice before the IRS Arthur Anderson Case - Jury Instructions for Obstruction of Justice too broad Class action claim filed re: withholding of jail booking fees Suit alleges due process denied by campbell co. jailer FILING CHAPTER 7 UNDER NEW LAW MAY BE BOON TO LAWYERS WALLETS Attn. General's Opinion that the Ky. Constitution does not prohibit casino's Read constitution and stumbo's opinion - this is a very credible opinion!! WORDS FROM THE PAST: jUSTICE OPINES ABOUT A BETTER SYSTEM OF CRIMINAL RULES KY. Speedway sues NASCAR Stan Chesley says antitrust violation is clear. Speedway seeks $1.2 billion dollars. Suit filed in U.s. Dist. Ct. in Covington. “Intelligence Identities Protection Act of 1982” Decide for yourself if the television pundits are correctly interperting the law regarding the identities of CIA agents. Man sues State for right to get drunk Plaintiff asserts right to get wasted on private property! Presidents, Picking Justices, Can Have Backfires Presidents have often been disappointed in their Sup. Court nominees. Courier-Journal profiles LawReader contributing author Don McNay EDITORS NOTICE RE: New procedures for using citation above annotations to call up full text of cited case, rule or statute. Jim Deckard, General Counsel for Chief Justice Lambert has resigned and has been named as General Counsel for Gov. Ernie Fletcher taking the place of John Roach who was appointed to the Ky. Sup. Court last week. Deckard, 35, a native of Tompkinsville, is a graduate of the Univ. of Numerous Congress Members May Have Received Illegal Congressional Pay in 2003-2004 This study shows Gov. Fletcher is in the top ten. Democrats are worst offenders. 3 Transportation Cabinet officials indicted June 14, 2005 Three top Transportation Cabinet officials were indicted by a special grand jury yesterday on charges that they fired a Democratic state worker because of his political beliefs. JOHN ROACH APPOINTED TO SUPREME COURT BY GOV. Although only 38, he brings impressive credentials with him. he will face voters in 2006. -Courier-journal condemns appointment NAME OF WHISTLEBLOWER LEAKED BY ETHICS COMMISSION Forgy disputes investigation -Read statute and decide for yourself if his claim has merit see stinging courier-journal editorial Fletcher: Stumbo inquiry wasteful - Gov. thinks misdemeanor offences to minor to investigate Historic settlement is nation's largest by church to date in sex scandal The Catholic Diocese of Arthur Anderson Case - Jury Instructions for Obstruction of Justice too broad Seven Habits of Biz Success Remember the practice of law is a business...these tips apply to you! Fletcher administration is the focus of an investigation by Attn. Gen. Greg Stumbo regarding alleged State Merit System violations in the Dept. of Transportation See statutes involved. HOW TO SURVIVE A SCANDAL INVESTIGATION tips on how to avoid escalating a misdemeanor into a felony What is the Kentucky Bureau of Investigation - the KBI ? SEE APPROVAL RATINGS OF ALL 50 GOVERNORS Click here: Survey USA - 50GovernorsRated051005 Prosecutor: Open juvenile courts - article by Jefferson County Attorney - ky confidentialy law one of most strict in nation |