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You are here > OUR MAIN - LAW DIGEST INDEX > LAWREADER TIPS & TOPICS

MORE HOME PAGE -   LIBRARY OF RECENT FRONT PAGE ARTICLES

 

 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
Actual jury instructions used in Ky Circuit and   District Courts. Also Generic jury instructions on almost every possible topic. 1,646 individual instructions. Over 100 complete instruction kits    with all related verdicts, questions and definitions.

 

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.

JUDGE'S PAGE - RESOURCES -
 TIPS - OATHS - OBJECTIONS - ADMONITIONS - ORDERS - VOIR           DIRE - TRIAL PROCEDURES -Sup. Ct. Rules Regarding Judges, Judicial Code of Conduct, Trial Commissioners, Ethics, Sentencing, Probation, Marriage Ceremonies

      

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. Kentucky Unemployment Insurance Commission, Ky., 450 S.W.2d 235, 237 (1970).

 

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. Ct.   Read analysis by Professor Robert G. Lawson. This important Sup. Ct. ruling will change a number of evidence rules.

 

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 -U.S. and International

 

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

STANDARD OF PROOF REQUIRED
Standards of proof Quickly determine what the standard of proof is for hundreds of legal issues.

STANDARDS FOR APPELLATE REVIEW OF ISSUES ON APPEAL These standards for review are required to be used by appellate courts

 

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  Ky. has no standards for certifying Drug Detection Dogs. This Boone Circuit Court order suppresses a search warrant  obtained by use of an uncertified drug detection dog.  It cites standards for the training and certification of drug dogs and their handlers. Procedures for review of S/W affidavits are discussed, Daubert and Edmonds are applied.  This is a case of first impression in Ky.

 

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.

                                                                                        
CORRECTION OF ERRORS IN JUDGMENTS The law regarding procedures for correction of clerical vs. judicial errors. Should you appeal, file a 60.02 motion or 11.42 motion?  Limitations on trial courts ability to correct or amend original judgment.

OHIO UNPUBLISHED OPINIONS MAY BE CITED

 Ohio Ct. of Appeal Opinions are not binding and    must be attached to brief, but may be cited.  Their Ct. of Appeals arrangement is different than Ky.'s... they  have regional courts

 

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
Lawreader presents an exhaustive resource full of authorities discussing every issue relating to this  issue. Everything from the history behind the 1891 constitution,  to the truth about California. See  what   they really did in Indiana, and examine the arguments not made by the proponents of Senate Bill 1.

          

Ohio tort law debate: Reform or Restriction?  Enquirer article about the "reform" effort in Ohio.

            PAGE TWO

 

Sen. Williams may be right… DISCUSSION OF THE HEAVY CASELOADS BEING CARRIED BY PUBLIC DEFENDERS


WHERE IS THE EQUAL PROTECTION FOR PUBLIC DEFENDERS?

SERMON BY BILL MOYERS OCT. 2004   Interesting speech or sermon about where America is today.

 Oldham Circuit Judge Paul Rosenblum to step down

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OLD CRIMINAL STATUTES Chapters 431 thru 441 inactive resource

Ohio  inactive resource

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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. Ct. for other decisions  issued this term.

 

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.


Senate panel chosen to hear Louisville Senate election contest – Motions pending before Franklin Circuit Court.

 

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. Ct.  Contains important discussion of Federal vs.  State jurisdiction re: probate, and jurisdiction of Fed. Bankruptcy Court.

 

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 Louisville International Airport police officers were sent to Texas to become certified handlers of bomb-sniffing dogs. But not a single dog or officer is patrolling

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.
 

 

 DUI by Permanent Resident Immigrant does not provide basis for deportation U.S. Sup. Ct. rules that DUI is not a violent crime allowing deportation

 

Attorney general sues Byrider
The Kentucky attorney general yesterday accused J.D. Byrider and its Louisville franchise of deceptive sales practices in a multicount lawsuit that alleges the Louisville used-car dealer violated several state and federal laws.

Kentucky native is new Trump 'Apprentice'
Judge Paul Rosenblum stands by ruling on Oldham authority feud
Defendant says he confessed after he was beaten by police

 

WOMEN CLAIM MAJORITY OF JEFFERSON CO.      JUDICIAL POSTS  Discussion of why women have such   success in getting elected to the Judiciary in Louisville. 

 

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.   Ct. (4-3) reverses due    to prosecutoral  misconduct.  The dissent  offers useful authorities.  False testimony by FBI ballistics expert harmless error going to the    "weight of the evidence".

 

 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!  

Load into Microsoft Word

 

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
Judge's Ruling Opens Window for Gay Marriage in New York City By SABRINA TAVERNISE A New York State judge in Manhattan ruled that denying gay couples licenses to marry violates the State Constitution.

 DUI by Permanent Resident Immigrant does not provide basis for deportation U.S. Sup. Ct. rules that DUI is not a violent crime allowing deportation

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 


Back to:  MORE HOME PAGE - 2006

                                        ******************************************

 

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 


 Proposed Seat Belt law allowing traffic stops by police who suspect driver is not belted, opposed


Gov. Fletcher announces his 2006 Legislative Priorities  Includes: 10 Commandments and Tort Reform

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.


 Judge Robert M. Short - The Longest Serving Circuit Judge in Ky. History Passes On


Indiana Judge limits introduction of "prior bad acts" of co-defendant. Ruling guts defense of ex-state Trooper   Modus Operandi of "foot fetish" evidence suppressed.


 Ass't Com.'s Attorney Dinah Koehler thrown out of trial by Judge Wine.


In Herald Leader article Chief Justice’s Staff denies CJ is target of Federal Grant Jury Probe

 

KENTON COUNTY TO GET TWO FAMILY COURT JUDGES

NEW DISTRICT JUDGE APPOINTED IN 28TH. FOR PULASKI & ROCKCASTLE Wood appointed, replacing Tapp who was elevated to Circuit Ct.

new features for 2006 which take legal research to a new level – new price schedule announced eff. jan. 1, 2006

Little Known Statute: KRS 61.180 Drunkenness of officer on duty -- Penalty.  "If any person holding a public office shall, while in the discharge of the duties of hisoffice, become intoxicated, or unable, incompetent or disqualified to discharge any of the duties of his office by the use of spirituous, vinous or malt liquors, he shall be fined not less than one hundred ($100) nor more than one thousand dollars ($1,000)."

NO. KENTUCKY LAWYER SUES WHITE HOUSE FOR DISCLOSURE RE: DOBSON STATEMENT

LOUISVILLE LAW ON SEARCHING BUSINESSES SELLING ALCOHOL OVERTURNED  ABC searches limited by ruling of U.S. Magistrate in Louisville. See: New York v. Burger decision of U.S. Sup. Ct. fro 1987.

 

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 Clay County is monitoring drug cases to hold judges and prosecutors accountable.  Dist. Judge District Judge Renee Muncy invites citizens to review her court.  Ass’t Prosecutor Rick Whitehead mocks citizens efforts and suggests public monitor the churchs to see who attends and who prays. 

 

 

Office of Special Counsel Patrick J. Fitzgerald (CIA leak investigation) Official site listing orders, reports, etc.


 Ky. U.S. District Judge Russell suppresses wire tap information  Ruling disrupts major drug case, and slaps Government abuse of USC provisions re: wiretap procedures.

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 Clay County is monitoring drug cases to hold judges and prosecutors accountable.  Dist. Judge District Judge Renee Muncy invites citizens to review her court.  Ass’t Prosecutor Rick Whitehead mocks citizens efforts and suggests public monitor the churchs to see who attends and who prays. SUPREME COURT TERM PACKED WITH MEATY CASES Miranda, Search & Seizure, Sentencing and much more..

 

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

TWO APPOINTMENTS FOR FED. MAGISTRATE FOR EASTERN KY. WILL BE MADE IN 2006 – PAY STARTS AT $149.132. SEE HOW TO APPLY.

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.

Has Rep. Tom Delay already entered into a plea agreement with Texas prosecutor? This article cites basis for this claim. Delay has already agreed to waive 3 yr. statute of limitations on current charge. Was this to prevent a more serious charge? See: Daily Kos diaries.

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.


 IS CHIEF JUSTICE LAMBERT ASSUMING THE DUTIES OF JUDICIAL CONDUCT COMMISSION? Judge Grothaus deserves an apology!


 HOW TO MAINTAIN YOUR COMPUTER TO PREVENT LOG ON PROBLEMS  Tips by Matt Simons, LawReader Technical Support Director


 NASCAR wants Ky. Speedway suit pending in U.S. Dist. Ct. in Covington dismissed or venue transferred to Florida  Speedway anti-trust suit could lead to Nextel Cup race for Kentucky.


 Indiana suspends prosecutor for stealing defense counsel’s notes


Gregory Van Tatenhove nominated as federal judge for E. Ky.  "Pikeville seat" goes to graduate of Asbury College.


DOCTRINES AND RULES OF LAW –
w/ Annotations
Library of Legal Doctrines and Legal Rules of Law with definitions and annotations              

              
 VACANCY ON WORKER'S COMP BOARD- APPLICANTS SOUGHT 

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.  


 GOVERNOR FLETCHER GRANTS BLANKET AMNESTY TO HIS ADMINISTRATION

 DEFINITION: ipse dixit  see what it means!

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, Ct. of International Trade, Occupational Safety and Health Review Commission (OSHRC), U.S. Tax Court, U.S. Court of Appeals for the Armed Forces, Fed. Mine Safety and Health Review Commission (FMSHRC), Internal Revenue Service Revenue Rulngs, National Transportation Safety Board (NSTB), U.S. Supreme Court- go to: FEDERAL PRACTICE COURTS IN LAWREADER'S CASE LAW DATA BASE

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 Covington law firm, O”Hara, Ruberg Taylor Sloan & Sergent, on his election to the presidency of the Ky. Bar Association. 

 

Congratulations to LINDA TALLY SMITH, Commonwealth Attorney for Boone and Gallatin counties.  She has been elected Kentucky’s OUTSTANDING COM. ATTORNEY for 2005, by the Com. Attn’s Association.

 


Fayette County Attorney Margaret Kannensohn does the right thing and refuses to prosecute alleged rape at Wildcat Lodge. 
LawReader salutes fayette prosecutor.

 

 

Ohio Congressional Election news  Schmidt sneaks  by  democrat hackett by slim margin in heavily republican district

 

Franklin Circuit Judge William Graham explains to Grand Jury their independence from control by the Prosecutor

 

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," abe Lincoln

A. Lincoln: "There are certain requirements of civilization --to keep the better angels of our nature in preponderance over the lesser angels."

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 u.s. sup. ct.   Read full text of decision

 

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!!

THE LUKOWSKY SOLUTION

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.


ATTORNEY GENERAL SCORES FIRST FELONY INDICTMENT IN JOBTROT INVESTIGATION Dan Druen, administrative services commissioner in the Transportation
Cabinet, indicted for witness tampering


 ACCIDENT HELD TO BE WANTON MURDER  Christian Co. case expands definition of "wanton" to include traffic accident.


 KY. Speedway sues NASCAR  Stan Chesley says antitrust violation is clear. Speedway seeks $1.2 billion dollars.


 “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! 


DON MCNAY ON JUDICIAL CAMPAIGN SPEECH  Read Don's opinions and link to proposed changes in Judicial Code of Conduct regarding campaign speech.  In 2006, all judges will stand for election.

 Presidents, Picking Justices, Can Have Backfires  Presidents have often been disappointed in their Sup. Court nominees.

 Courier-Journal profiles LawReader contributing author Don McNay

 Judicial Nomination commission nominees to fill vacant Circuit Court judgeship for Lincoln, Pulaski and Rockcastle counties


ETHICS CLE JUNE 28-29   KBA SEMINAR REFLECTING MANY CHANGES IN ETHICS CODE ON THE HORIZON

 

 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 Memphis Law School was paid $117,804 at AOC, and will be paid $125,000 in the Governor’s Office.

 

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 Covington settled the priest sex abuse class action for $120,000,000.

Arthur Anderson Case - Jury Instructions for Obstruction of Justice too broad u.s. sup. ct.   Read full text of decision

 

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 ?

Don McNay provides dot report regarding change orders which vastly increase cost of highway contracts

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

 

The KBA CaseMaker project to increase dues  JUSTICE WINTERSHEIMER OPPOSES SIZE OF dues increase to finance kba project to maintain case law data base - May 16, 2005 KBA announces contract has been awarded to Casemaker

On Sunday morning,  mAY 1, 2005, Christian Coalition founder Pat Robertson told TV viewers nation-wide that the threat Posed by liberal judges is "probably more serious than a few bearded terrorists who fly into buildings."

LEADERSHIP and MANNERS, THE ART OF BEING A LEADER Theories on how to become a leader.  Neatness, Manners, Inspiration of others

ATTACKS ON JUDGES AND JUDICIAL INDEPENDENCE HEAT ON THE JUDICIARY

 

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!!

Background Reports Available in Seconds!  RESEARCH SERVICE AT A REASONABLE PRICE. FIND BACKGROUND OF PARTIES AND WITNESSES IN SECONDS.

 

GetFirefox.com.  free download.  This browser may avoid some of the problems found in internet explorer. 

 

FEES THAT CAN BE ASSESSED AGAINST PRISONERS Confinement fees, booking fees, release fees, bond fees, work release fees, per diem fees, jail canteen, medical and psychiatric treatment fees and costs, indigency, transportation fees, damage to jail fees, restitution payments, collection of  home incarceration fees, probation fees  diversion fees  child support collected while on work release..

 

nEW WORD OF THE DAY: "lactivists"  wE EXPECT TO HEAR THIS WORD IN A CLOSING ARGUMENT WITHIN A WEEK!  sEND US YOUR IDEAS ON HOW THIS MIGHT BE USED.

 

BAR EXAM PASS RATE FOR FEB. 2005 WAS 68%  UK first, Chase second and UofL last place. See details.

.. 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.

 

 

JOHN ROACH APPOINTED TO SUPREME COURT BY GOV. - Courier-Journal condemns appointment.

 BAR EXAM PASS RATE FOR FEB. 2005 WAS 68%  UK first, Chase second and UofL last place.

 Historic settlement is nation's largest by church to date in sex scandal Catholic Diocese of Covington pays $120 million to settle sex abuse class action


 HOW TO SURVIVE A SCANDAL INVESTIGATION  What to do when the whistle blows and the search warrants start to fly...

What is the  Kentucky Bureau of Investigation - the KBI

 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.

new RIGHT TO COUNSEL Right to counsel, Employment of attorney by third party, Justiciable issue, Jurisdiction of Circuit Court begins before criminal complaint issued, Public Advocates may represent def. prior to charges having been filed, Indigency can be determined later, Ky. offers greater Right To Counsel than U.S. Constitution

Free online tax preparation  and electronic filing – go to: http://www.irs.gov/efile/article/0,,

id=118986,00.html

 

See: Upcoming KBA Seminars Teleseminars

Secrecy and the Courts:  Protective Orders and Access to Court Records kba seminar    april 19

Contingent Fees are Taxable Income ..in some cases  U.S. Sup. Ct. holds that some awards require that the contingent fee be taxable to the client.  Read this important case.

 
RISK  pREVENTION   Dismissal  of civil claim damages “mandatory” if you fail to follow CR 8.01 and itemize  and  update damages on discovery. But there is one possible escape route! -  

 FILING CHAPTER 7 UNDER NEW LAW MAY BE BOON TO LAWYERS WALLETS Read full text of new Bankruptcy Act which becomes effective in October of 2005.


 KBA Teleseminar: Criminal Sentencing After Booker and Fanfan: The View from the Bench

Need to file for a four month extension of your tax return? Go to: Form 4868, Application for Automatic Extension of Time to File, 

 

 ATTACKS ON JUDGES AND JUDICIAL INDEPENDENCE

SEE WHAT BOSTON IS SAYING ABOUT CINCINNATI   Boston Globe writer compares the two cities and speaks favorable about the Queen City.

Asa rouse sends this great link to pictures of northern ky. from an earlier era NorthernKyViews

PRIVACY OF USERS u.s. sENATE HEARINGS - wESTLAW CHARGED WITH SELLING USERS PERSONAL DATA TO THIRD PARTIES - SEE THE LAWREADER CHALLENGE TO WEST AND LEXIS

 

KBA offers FREE guardian ad litem training sessions in April Louisville -paducah

PALMORE SUGGESTS ANSWER TO STATE SENATE ELECTION ISSUE- Retired Chief Justice provides answer to Senate election contest solution.  Sec. 2 is the overriding rule that limits arbitrary power.

SCR 3.130-I .4(a) provides that a:

"lawyer should keep a client reasonably informed about the status  of a matter and promptly comply with reasonable requests for information."

 

Outstanding Young Lawyer Nominations Are Open KBA now receiving nominations.

 

MAPS BY GOOGLE This is the easiest to use map site we have found. You don't need an address or area code. 

 

How To Study a Judges Record re: Rulings on the Law  You can use LawReader to study appellate and trial judges legal rulings.

 

 SEE WHAT BOSTON IS SAYING ABOUT CINCINNATI   Boston Globe writer compares the two cities and speaks favorable about the Queen City.

NCAA SCOREBOARDS:

Men's  All Division I     Women's All Division I

 

Protection of Incapacitated Persons Act of 2005  Passed and signed into law March 21, 2005. full text of The "Terry Schiavo Law"              

Read full text of: Judge Whittemore’s ruling denying injunctive relief in the Terry Schiavo right-to-life case

 

Read the full text of the decision of the 11th. Cirt. Ct. of  Appeals.    Go to:  Eleventh Cirt. decision in THERESA SCHIAVO case  3/23/2005

 

 LEGISLATURE CREATES NINE NEW CIRT. JUDGESHIPS, DELETES ONE DIST. JUDGESHIP  

We recommend THAT you download a new browser     which is problem free:  GetFirefox.com.  free download.  This browser may avoid some of the problems found in internet explorer.  you don't have to give up ie to use firefox.  just call up your favorite browser from you tool bar..and toggle back and forth between them.

 

KBA offers FREE guardian ad litem training sessions in April

 

 

How To Study a Judges Record re: Rulings on the Law  Study a partucular judges record with our search engine

 

 ANDERS RULE?    dISMISSAL OF FRIVOULOUS CLAIMS

 

CAMPAIGN ADS MAY SOUND LIKE THIS IN 2006  

 

ANDY BUSALD - LETTER TO EDITOR REGARDING TORT REFORM   Go get 'em Andy

 

DRUG DOGS – CANINE NOSES USED TO ESTABLISH PROBABLE CAUSE  Boone Cirt. Ct. decision outlaws "standardless discretion" and requires standards for dog handlers and drug dog certification. The Com. has appealed this decision.

Read synopsis & full text:    

 

Illinois v. Caballes - supreme court ruling that allows drug sniff of automobile after proper probable cause traffic stop  Decision still requires dog be "well trained" and stop must not be "prolonged".  Jan. 24, 2005

 

Former Chief Justice Pamore on  Finality: "Things mortal are destined to end"  Quote explaining that all cases must finally come to an end.

 Outstanding Young Lawyer Nominationa Are Open KBA now receiving nominations.

Hanging with Crit and Jim  Don McNay writes about Crit Luallen (Democrat) and Jim Host (Republican) hosting a dinner for Al Cross (Journalist)...to promote UK's Center for Rural Journalism and Community Issues on Feb. 28th.

PROSECUTOR’S DUTY RE: CONDUCT AND FAIRNESS       One accused of a crime is entitled to a fair and impartial trial, inflammatory statements regarding victim's background forbidden, certain amount of background evidence allowed

TIME FOR A RAISE FOR WARNING ORDER ATTORNEYS  Judge Stan Billingsley tells why he will no longer award a Warning Order Attn's fee of less than $100.  The court has authority to set a "reasonable fee" and $35 is no longer reasonable.

 

NEW U.S. District Court - Fee Schedule  See new Misc. fees schedule effective 2-7-2005 - Civil filing fee raised to $250, Appeal fee $255.

U.C.C. - UNIFORM COMMERCIAL CODE RESOURCES  When is a “lease” not really a lease but a “financing”?  At what point does a transaction cease being a lease subject to UCC Article 2A and become a financing subject to UCC Article 9?  And what are the risks to clients who think they are leasing property but are really financing it?  Find out Feb. 27 at the KBA sponsored telephone seminar re: proposed changes in Rule 2 of U.C.C.

 

U.S. Sup. Court has  effectively thrown out mandatory sentencing guidelines. Read the full text of this important case at:          United States v. Booker

We don't reccomend this, but it might help the Cats improve on their foul shots! http://abfhm.free.fr/basket.htm


 Contingent Fees are Taxable Income ..in some cases  U.S. Sup. Ct. holds that some awards require that the contingent fee be taxable to the client.  Read this important case.

 

CAMPAIGN ADS MAY SOUND LIKE THIS IN 2006  Fed. judge strikes Ky. Code of Judicial Ethics which restricted promises of conduct by judges as to cases or controversies likely to come before them on the bench.
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Statement to the jury:  Review these valuable tips.
 

CLOSING ARGUMENT TOPICS LIBRARY Sample closing arguments, theory and tips, annotations & citations, Golden Rule argument forbidden

 

THE GREATEST CLOSING ARGUMENT IN KY. JUDICIAL HISTORY The closing argument of Seargent S. Prentiss given in Harrodsburg, Ky. in 1838.  This is a valuable learning tool for every trial lawyer.  It is given in its entire length and is very interesting to read.

OPENING STATEMENTS - theories, resources, authorities  Start your trial off on the right foot. Some say the trial is won or lost with the opening or closing statements.

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Class Action Legislation   Bill advances in Congress to "federalize" class action suits.
 

 

SIXTH CIRCUIT: TAX CREDITS “RUN AFOUL OF COMMERCE CLAUSE” On Jan. 20 the full panel refused to review this decision

 

Oral Arguments Mar. 9th. on Ky. Budget Case
The  decision of Judge Roger Crittenden  involving the Ky. Legislature’s failure to adopt state budget bypasses Ct. of Appeals and will be reviewed by the Ky. Sup. Ct. on March 9th.

 

Hon. Bob Lotz of Covington, reports on a pending bill concerning New Expungement Procedures and fees  You may want to lobby your legislator about this

 

A HARMLESS ERROR?  WASHINGTON (AP) - The U.S. Supreme Court declined to consider Tuesday whether a police officer may take a blood test from a suspected drunken driver without a warrant.   Justices let stand a Wisconsin Supreme Court ruling that said a forced blood test would not violate the driver's Fourth Amendment protection from unreasonable searches, even if the driver already had submitted to a breath test.

 

Dec. 10 - 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 the home page, enter your search topic, and submit, then select most relevant hit.

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 TIME FOR A RAISE FOR WARNING ORDER ATTORNEYS Judge Stan Billingsley tells why he will no longer award a Warning Order Attn's fee of less than $100.  The court has authority to set a "reasonable fee" and $35 is no longer reasonable.


The Methamphetamine Problem in Kentucky  Newspaper article highlighting Kentucky's slow reaction to the problem.
 
WHERE IS THE EQUAL PROTECTION FOR PUBLIC DEFENDERS?  Attorney Tasha Scott  gets paid $3 an hour, her counter-parts in Ohio file suit for only getting $47 an hour for public advocate work. Judge says the system is broken.
Public defenders swamped - caseloads up, exceed recommended levels
 

Gwen likes this Quote:

"Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways, chocolate in one hand, red wine in the other, body thoroughly used up, totally worn out and screaming ~ "WOO HOO what a ride!" 

 

LAWREADER INTERVIEW ON BRAIN BREW Hear CEO Gwen Billingsley interviewed on national radio program Dec. 14. Check out the station and time for your area, or view on the Internet

 

SENIOR JUDGES' RETIREMENT BENEFITS   

 


KBA Teleseminar: Challenges of Administering Family Limited Partnership  May 17

 

 

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.
 Gov. Fletcher subpoenaed to Grand July for Aug. 30th. 

 New program frees felony defendants - Pretrial Release  AOC institutes pilot program to reduce jail crowding
 

 

 
commonwealth can now sue the dist.judge personally to obtain cirt. ct. review of suppression rulings made by the  district judge during the pendency of a criminal case .  this "rule"  created by ct. of appeals allows ORIGINAL ACTIONS AGAINST the TRIAL JUDGE sidestepping the prohibition against commonwealth  appeals. 
 

 

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