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April 17, 2014

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POT POURI: PRACTICE TIPS and ARCHIVED NEWS STORIES

 
MORE HOME PAGE - LIBRARY OF OLD 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 definitions, 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  -  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.
 

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 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
 
 
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.
 
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 America is today.

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 RegulationsAuthorities for determining whether retrospective application ...will apply.
 
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
 
Withdrawal of Guilty Plea - Standards Duties of Commonwealth and 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.
 
 
Kentucky Attorney General’s Open Records and Open Meetings DecisionsIncludes recent decision re: agencies duty to conduct a search and not blow you off.
 
Probate Exception is Applicable in Bankruptcy Cases - the Anna Nicole Smith Decision. 9th Circuit Decision refers to 6th Circuit 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 Federal 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
 
May party affirm instead of swear? Authorities shown allowing affirmation. Also form for certification required with deed re: selling price
 
Full text of constitutional amendment passed November 2nd  Discussion. Due Process may be the basis for a constitutional attack on the amendment.
 
 
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 multi-count lawsuit that alleges the Louisville used-car dealer violated several state and federal laws.
 
 
Women Claim Majority of Jefferson Co. Judicial Posts Discussion of why women have such success in getting elected to the Judiciary in Louisville.
 
Ragland v. Commonwealth Decision grants new trial due to: COMMENT ON DEFENDANT'SFAILURE TO TESTIFY - Ky. Sup. Ct. (4-3) reverses due to prosecutorial misconduct. The dissent offers useful authorities. False testimony by FBI ballistics expert harmless error going to the "weight of the evidence".
 
 
 
 
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.

 
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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 Governor will 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 size of a walnut...you may want to save this for a closing argument!
 
 
 
 
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)."
 
 
Louisville Law Re: 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.
 
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 citizen’s efforts and suggests public monitor the church’s 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 wiretap information Ruling disrupts major drug case, and slaps Government abuse of USC provisions re: wiretap procedures.
 
Supreme Court Term Packed With Meaty Cases Miranda, Search & Seizure, Sentencing and much more..
 
Justice Roach linked to hiring situations in ongoing Merit System investigation Herald Leader reports involvement of Sup. Ct. Justice  (then Gov.'s legal counsel) to hiring investigation.
 
 
Civil Court Costs - Cr 54.04 Objections to Cost with 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.


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


 
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

Boone judges among busiest Ky. Post cites AOC case statistics showing heavy caseloads 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!
 
Ten Commandments - U.S. Supreme Court Rulings Kentucky & Texas Decisions 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.
 
 
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!
 
 
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. Lincoln
A. Lincoln: "There are certain requirements of civilization -- to keep the better angels of our nature in preponderance over the lesser angels."
 
Treasury Department Circular No. 230 (Rev. 6-2005) Governing the Practice of Attorneys This new IRS policy affects attorneys who practice before the IRS
 
 
Class Action Claim Filed Re: Withholding of Jail Booking Fees Suit alleges due process denied by Campbell co. jailer
 
 
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 interpreting 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.

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.
 
 
 
EDITORS NOTICE RE:  New procedures for using citation above annotations to call up full text of cited case, rule or statute.
 
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
 
 
 
 
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.
 
 
Seven Habits of Biz Success Remember the practice of law is a business...these tips apply to you!
 
 
How To Survive A Scandal Investigation tips on how to avoid escalating a misdemeanor into a felony
 
 
 
Prosecutor: Open juvenile courts - article by Jefferson County Attorney - KY confidentially law one of most strict in nation
 
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."
 
Theories on how to become a leader - Neatness, Manners, Inspiration of others
 
 
Fees Which 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.
 
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
 
 
 
 
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 Bankruptcy Act which became effective in October of 2005.
 
Need to file for a four month extension of your tax return? Go to:Form 4868, Application for Automatic Extension of Time to File,
 
 
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 User’s Personal Data To Third Parties - See The LawReader Challenge To West And Lexis
 
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."
 
How To Study a Judges Record Re: Rulings on the Law You can use LawReader to study appellate and trial judges legal rulings.
 
 
 
 
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 Circuit Decision in THERESA SCHIAVO Case 3/23/2005
 
 
ANDERS RULE - Dismissal of Frivolous Claims
 
 
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 Palmore on Finality: "Things mortal are destined to end" Quote explaining that all cases must finally come to an end.
 
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 Attorney’s fee of less than $100. The court has authority to set a "reasonable fee" and $35 is no longer reasonable.
 
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
 
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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.
 
 
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.
 
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The Methamphetamine Problem in Kentucky Newspaper article highlighting Kentucky's slow reaction to the problem.
 
Attorney Tasha Scott gets paid $3 an hour; her counter-parts in Ohio have filed a suit for only getting $47 an hour for public advocate work. Judge says the system is broken.

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.

New program frees felony defendants - Pretrial Release AOC institutes pilot program to reduce jail crowding
 commonwealth can now sue the District Judge personally to obtain circuit. court review of suppression rulings made by the district judge during the pendency of a criminal case . This "rule" created by court of appeals allows Original Actions Against The Trial Judge sidestepping the prohibition against commonwealth appeals.

 

 

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