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LawReader News[ view all news on our blog ]Illinois joins six other states which hold that med mal caps are unconstitutional[Feb 6th, 2010]On Feb. 4, 2010 in the case of Lebron v. Gottlief Memorial Hospital, the Supreme Court of Illinois struck down the cap on non-economic damages in medical malpractice cases, holding that the cap, which had limited damages to $500,000 for doctors and $1,000,000 for hospitals, is unconstitutional because the law violates “separation of powers” doctrine. [...]
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Does SB 87 apply to County Law Libraries?[Feb 6th, 2010]The Senate has passed SB 87 which requires financial accounting of funds received and dispursed by the Ky. Assoc. of Counties and the Ky. League of Cities. An amendment also imposes a reporting duty on affiliated organizations which appear to include County Law Libraries.
The law as it currently exists would require each entity to maintain [...]
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Wisconsin Court Limits Evidence in DUI case[Feb 4th, 2010]Limit on evidence in drunk driving cases upheld
By Alex De Grand, Legal Writer, State Bar of Wisconsin
Feb. 2, 2010 ? Evidence of a preliminary breath test (PBT) in a drunk driving case remains inadmissible even if an expert relies on it to form an opinion, the Wisconsin Supreme Court held today.
In State v. Fischer, 207AP1898, [...]
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CAN THE JUDICIARY MANDATE THAT THE EXECUTIVE BRANCH ADEQUATELY FUND THE COURT SYSTEM?[Feb 1st, 2010]
Courts over the years have protested cuts in their budgets by the Executive Branch by threatening to mandate a budget and to order the Executive Branch to fund the budget as drawn up by the courts.
The judiciary in New York has threatened to do this, but never carried through with their threat.
Now, possibly for the [...]
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AOC struggles to pay for new courthouses[Jan 31st, 2010]The state court system laid off 47 people last fall, and judicial officials say they’re looking at even more drastic measures in the upcoming budget cycle.
Since 2000, $880 million has been appropriated for new courthouses that are part of a program designed by former Chief Justice Joseph E. Lambert that was aimed at putting a [...]
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Justice Alito Breaches Etiquette and Shows Distaste Over Obama?s Criticism of Corporate Ruling re: Campaign Finance[Jan 28th, 2010]
WASHINGTON (Jan. 27) — It wasn’t quite “You lie!” but a shaking of the head and a muttered rebuke from Supreme Court Justice Samuel Alito has sent the lip-reading blogosphere into a tizzy after President Barack Obama’s State of the Union address.
The moment came a little more than halfway into Obama’s speech, when the president [...]
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U.S. Supreme Court Ends Confrontation Clause Challenge ? Upholds Forensic Expert Ruling in Melendez-Diaz case.[Jan 26th, 2010]
During oral arguments Jan. 11 in Briscoe v. Virginia, Supreme Court Justice Antonin Scalia spent considerable time defending the precedent at issue, Melendez-Diaz v. Massachusetts, in which he wrote the majority opinion That was the Confrontation Clause decision finding that forensic evidence needed to be presented in person, not by affidavit, so it could be [...]
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Analysis of U.S. Supreme Court?s ruling on Campaign Finance in Citizen?s United v. Federal Election Commission:[Jan 25th, 2010]Jan 24 2010,
The Supreme Paradox: When the Court Overrides Congress by Ben W. Heineman, Jr.
The paradox of the United States Supreme Court is that, from one perspective, it is a traditional judicial institution deciding individual cases. But from another perspective, it makes broad value choices in the name of constitutional interpretation; strikes down acts of [...]
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U.S. SUPREME COURT RULES THAT VOIR DIRE MUST BE OPEN TO PUBLIC[Jan 20th, 2010]In a 7-2 vote on Jan. 19th, the U.S. Supreme Court ruled that a criminal defendant’s right to a public trial covers the process of jury selection. The Justices said in the Georgia case, Preston v. Jordan, that a screening of jurors should be open to the public.
The court said some situation may require the [...]
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KBA Board recommends disbarment Melbourne Mills- Denies Reinstatement of Lester Burns[Jan 16th, 2010]The board of the Kentucky Bar Association decided Friday that two of the most colorful and controversial figures in Kentucky legal history should not practice law.
The Board of Governors of the Kentucky Bar Association voted 14-1 to permanently disbar Melbourne Mills Jr. of Lexington for his part in a controversial $200 million fen-phen settlement. Mills [...]
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Sixth Circuit Ct. of Appeals Reverses Kentucky Ten Commandments Decision[Jan 14th, 2010] A Kentucky county can restore a display that included the Ten Commandments along with other historical documents after a split federal appeals court ruled Thursday that there’s no evidence the county intended to mount a religious display on public grounds.
The 6th U.S. Circuit Court of Appeals, by a 2-1 vote, vacated an injunction barring Grayson [...]
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U.S. Supreme Ct. Overrules 6th Circuit on Federal Habeas Corpus Rule[Jan 12th, 2010]
[JURIST] The US Supreme Court on Tuesday ruled] unanimously in Smith v. Spisak that the US Court of Appeals for the Sixth Circuit contravened the directives of the Antiterrorism and Effective Death Penalty Act (AEDPA) by extending Mills v. Maryland [opinion text] to resolve in a habeas petitioner’s favor questions that were not decided or [...]
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State?s e-Transparency site now includes Judicial Branch expenditures and contracts, salary information[Jan 12th, 2010]
FRANKFORT, Ky. ? Gov. Steve Beshear and Chief Justice John D. Minton Jr. today announced that the state?s judicial branch has joined the Governor?s e-Transparency Web site.
Kentucky?s Open Door, online at www.OpenDoor.KY.gov, has been upgraded to include all Judicial Branch expenditure and contract data. Also available is information on all constitutional offices, the executive branch, [...]
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U.S. Supreme Court revisits Melendez-Diaz ruling re: right of defendant to confront forensic experts ? States seek to shift burden to Defendant to call government witness for cross-examination[Jan 12th, 2010]
Washington Post Staff Writer Tuesday, January 12, 2010
It was just a little more than six months ago that the Supreme Court decided that defendants must have the opportunity to challenge those who prepare forensic reports before they are admitted into evidence. So Justice Antonin Scalia, who wrote that opinion, wanted to know why his colleagues [...]
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The drama continues in Shelby County. Major win goes to District Judge Donna Dutton who was upheld by Ct. of Appeals.[Jan 8th, 2010]On Friday Jan. 8, 2009 the Court of Appeals set aside a writ of prohibition that the County Attorney obtained from the Circuit Judge.
The Circuit Judge denied the right of the District Judge Donna Dutton, to order that the Commonwealth bring a police officer to a pre-trial hearing. The Circuit Judge had reasoned that something [...]
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Products Liability Suit: Chemicals in Infant car seat caused Permanent Disfigurement of Child[Jan 8th, 2010]
Excerpted from Cincinnati Enquirer Jan 8, 2009
The infant car seat that was supposed to protect a baby girl ended up leaving her ?permanently disfigured,? a Butler County couple claim in a lawsuit filed in Common Pleas Court.
?She will be scarred forever,? says Dana Luther, a Cincinnati attorney who filed the suit against Graco Children?s Products [...]
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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[Jan 6th, 2010]FRANKFORT, Ky. ? The Administrative Office of the Courts today announced changes to its service that provides criminal background reports. The following changes will be effective Jan. 19, 2010:
? There will be a standard fee of $15 for all criminal background reports.
? A new automated program, AOCFastCheck, will allow the public to request and receive reports online.
? [...]
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Government Settles Prosecutorial Misconduct Civil CaseWhich Was Pending in U.S. Supreme Court ? Pottwattamie County, Iowa pays $12 million to two defendants who were framed by prosecutors[Jan 5th, 2010] On Monday Jan. 4, 2010, the U.S. Supreme Court granted petitioners? motion to dismiss the writ of certiorari pursuant to Rule 46 in Pottawattamie County v. McGhee, 08?1065, which involved whether prosecutors who try a case are entitled to immunity when sued for allegedly procuring before trial false evidence to frame a criminal defendant. The [...]
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FEDERAL COURT DISMISSES FEDERAL CHARGES AGAINST BLACKWATER GUNMEN DUE TO PROSECUTORS VIOLATION OF IMMUNITY RULE REGARDING COMPELLED STATEMENTS- The ?taint team? couldn?t save this prosecution ? This marks the fourth recent example in which judges have tossed out cases citing Justice Department abuse.[Jan 4th, 2010]
The Wall Street Journal Jan. 4, 2009
Another example of prosecutorial misconduct in a political case?
No, not as the left would have it, that Blackwater still exists. The scandal is that the Justice Department’s case against five former security guards for the military contractor unraveled late last week in what appears to be another instance of [...]
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US Supreme Court Chief Justice Issues Year End Report on Federal Judiciary[Jan 2nd, 2010]US Chief Justice John G. Roberts, Jr. issued an unusually brief year-end report on the federal judiciary Thursday in his capacity as head of the Judicial Conference of the United States [official website], declining to address judiciary needs as done in previous years. On a single page, the 2009 report said the federal courts were [...]
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