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LawReader News

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U.S. GOVERNMENT BRIEF AGAINST WILLIAM GALLION?S APPLICATION FOR CERTIFICATE OF APPEALABILITY

[Dec 19th, 2014]
CASE NO. 14-5763 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT WILLIAM J. GALLION PETITIONER-APPELLANT V. RESPONSE OF UNITED STATES IN OPPOSITION TO GALLION?S MOTION FOR CERTIFICATE OF APPEALABILITY UNITED STATES OF AMERICA RESPONDENT-APPELLEE * * * * * The United States objects to William J. Gallion?s motion for a certificate of appealability because [...]

SIXTH CIRCUIT COURT OF APPEALS STRIKES DOWN FEDERAL GUN LAW AS UNCONSTITUTIONAL

[Dec 19th, 2014]
  By:John Hayward 12/19/2014 10:02 AM   It might not get the news coverage it deserves with everything else going on at the moment, but the unanimous ruling by a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati against a federal gun law is a very big deal. The court held [...]

Heien v. North Carolina ? SCOTUS docket no. 13-604 Dec. 17, 2014 ? REASONABLE SUSPICION FOR TRAFFIC STOP BASED ON IGNORANCE OF THE LAW

[Dec 18th, 2014]
  See complete ruling at: http://www.supremecourt.gov/opinions/14pdf/13-604_ec8f.pdf ***** Docket No., 13-604 QUESTION PRESENTED: Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop. Merit Briefs Brief for Petitioner, Nicholas Brady Heien Brief for Respondent, North Carolina Reply Brief for Petitioner, Nicholas Brady [...]

Ignorance Is No Excuse For Wrongdoing?Unless You?re A Cop

[Dec 18th, 2014]
  U.S. Supreme Court deals another blow to Bill of Rights. JOHN W WHITEHEAD?DECEMBER 17, 2014 ?[I]f the individual is no longer to be sovereign, if the police can pick him up whenever they do not like the cut of his jib, if they can ?seize? and ?search? him in their discretion, we enter a [...]

SCOTUS backs NC Supreme Court about traffic officer?s mistake about the law

[Dec 16th, 2014]
Posted byJohn H. Tucker@JH_TuckeronMon, Dec 15, 2014at7:12 PM The U.S. Supreme Court today affirmed the validity of traffic stops made by officers who administer them based on a mistaken understanding of the law?provided the mistake was reasonable. The case,Heien v. North Carolina, originated in Surry County, when an interdiction officer pulled over a car with [...]

Andrew Beshear won?t disclose his work for companies that run afoul of attorney general

[Dec 14th, 2014]
  BY JOHN CHEVES jcheves@herald-leader.comDecember 13, 2014Updated 11 hours ago Andrew Beshear RECENT HEADLINES Andrew Beshear won’t disclose his work for companies that run afoul of attorney general     FRANKFORT ? In early 2010, scores of homeowners complained to Kentucky Attorney General Jack Conway about official-looking letters sent by a Miami company, Home Service [...]

May a lawyer call another lawyer unethical? Spate of inquiries spurs ethics opinion

[Dec 12th, 2014]
POSTED DEC 08, 2014 06:15 AM CST BYDEBRA CASSENS WEISS Image fromShutterstock. Is it unethical for a lawyer to label another lawyer unethical? The Iowa State Bar Association has received so many inquiries about the issue that its Ethics and Practice Guidelines Committee addressed the topic. ?The purpose of this ?back to basics? opinion,? the [...]

US Corporations Are Using A Supreme Court Ruling To Fend Off Human Rights Abuse Lawsuits

[Dec 12th, 2014]
    LAWRENCE HURLEY,REUTERS DEC. 12, 2014, 2:21 AM WASHINGTON (Reuters) – A landmark U.S. Supreme Court decision in 2013 that made it all but impossible to sue foreign companies in U.S. courts for alleged roles in overseas human rights abuses is proving to be a boon for U.S. firms too, court documents show. In [...]

Court Overturns Insider-Trading Convictions, a Blow to Justice Department

[Dec 11th, 2014]
  Judges Narrow Definition of Insider Trading, Say Prosecutors Took Too Broad a View in Wall Street Crackdown By CHRISTOPHER M. MATTHEWS Updated Dec. 10, 2014 7:18 p.m. ET In a blow to the Justice Department?s Wall Street crackdown, a federal appeals court overturned two insider-trading convictions and ruled it isn?t always illegal to buy [...]

MEDIATION RULING ?BOTH PARTIES SHALL HAVE PERSON WITH AUTHORITY TO SETTLE ATTEND THE MEDIATION

[Dec 9th, 2014]
SEE: 136 S.W.3d 455 KENTUCKY FARM BUREAU MUTUALINSURANCE COMPANY, Appellant, v. The Honorable Samuel T. WRIGHT, Presiding Judge, Letcher Circuit Court, Appellee and Meryl Adams and Roger Fields Real Parties in Interest. No.2003-SC-0023-MR. Supreme Court of Kentucky. June 17, 2004. [136 S.W.3d 456] Michael J. Schmitt, Porter, Schmitt, Jones & Banks, Paintsville, Counsel for [...]

Attorneys who are candidates for public are forbidden by Supreme Court Rules to release names of current or former clients to the media.

[Dec 8th, 2014]
SCR 3.130(1.6)Confidentialityof information Supreme Court Commentary 2009: (1) This Rule governs the disclosure by a lawyer of information relating to the representation of a client during the lawyer’s representation of the client. See Rule 1.18 for the lawyer’s duties with respect to information provided to the lawyer by a prospective client, Rule 1.9(c)(2) for [...]

Supreme Court of Kentucky to hear arguments Dec. 10-11 in Frankfort

[Dec 8th, 2014]
  Press Release Date: Friday, December 05, 2014 Contact Information: Susan Stokley Clary Supreme Court Clerk 502-564-5444 susanc@kycourts.net The Supreme Court of Kentucky will hear oral arguments in cases that originated in Franklin, Jefferson, Lawrence, Oldham and Pendleton counties when it convenes Dec. 10-11 in Frankfort. Proceedings are open to the public and will take [...]

Court Blocks Florida Governor?s Bid To Drug Test Welfare Applicants

[Dec 8th, 2014]
  Posted byJohnny Greenat 10:42 PM on December 6, 2014Ending Marijuana Prohibition     By Phillip Smith Florida Governor Rick Scott?s (R) drug testing crusade hit yet another roadblock Wednesday as a federal appeals court upheld a lower court?s ruling that his plan to make welfare applicants submit to mandatory, suspicionless drug tests was unconstitutional. [...]

Other Views: Once upon a time, the Supreme Court upheld civil rights

[Dec 8th, 2014]
Posted:Sunday, December 7, 2014 12:06 am By Orson Aguilar/TNS Fourm Fifty years ago, on Dec. 14, 1964, the U.S. Supreme Court unanimously rejected a legal challenge to the Civil Rights Act of 1964, making possible half a century of progress toward fairness and justice. It’s hard to picture the current justices doing the same. The [...]

Colorado DUI case sent to U.S. Supreme Court, focuses on blood tests

[Dec 8th, 2014]
By Jordan Steffan   The Denver Post POSTED: 12/07/2014 08:29:14 PM MST   When Jack Schaufele cruised into the busy intersection during rush hour and slammed into an oncoming car, his blood-alcohol level was nearly three times the legal limit. But a jury may never know there was alcohol in his system. Arapahoe County [...]

Daubert Decisions Not Just for District Courts Anymore

[Dec 6th, 2014]
posted on:Friday, December 5, 2014 There is a new gatekeeper in town. Or perhaps 179 of them. Earlier this month, the U.S. Supreme Court refused to grant certiorari and hear an appeal challenging a federal court?s ruling with regard toDaubertmotions, effectively permitting the expansion of the power to decide expert witness admissibility to the Circuit [...]

CINCINNATI JUDGE SENTENCED TO PRISON

[Dec 6th, 2014]
  Dec. 5, 2014 Judge Norbert Nadel admitted he had a “tremendous temptation” not to incarcerate Judge Tracie Hunter after her criminal conviction, but believed he had to because she was an elected official who broke the law — a combination Nadel called “a double whammy.” “Without the dilemma of the double whammy, (Hunter’s service [...]

North American Stainless to Make $5 Million Investment in Ghent Facility

[Dec 6th, 2014]
North American Stainless to Make $5 Million Investment in Ghent Facility Press Release Date: Friday, December 05, 2014 Contact Information: Kerri Richardson Terry Sebastian 502-564-2611 Investment the result of Governor?s trip to Spain FRANKFORT, Ky. ? Gov. Steve Beshear today announced that North America Stainless (NAS) plans to expand its facility in Carroll County. NAS [...]

AG Conway Announces $3.8 Million Multistate Settlement with Sirius XM Radio

[Dec 5th, 2014]
o Press Release Date: Thursday, December 04, 2014 Contact Information: Daniel Kemp Deputy Communications Director 502-696-5659 (office) FRANKFORT, Ky.- Attorney General Jack Conway and his Office of Consumer Protection, along with the attorneys general of 44 other states and the District of Columbia, have resolved consumer protection claims alleging that Sirius XM Radio Inc. engaged [...]

Man accused of slaying prominent Somerset attorney might rely on insanity defense

[Dec 4th, 2014]
BY BILL ESTEP bestep@herald-leader.com December 3, 2014 Clinton D. Inabnitt’s attorney filed notice Tuesday of the potential insanity defense. At a hearing Tuesday, a psychiatrist testified that Inabnitt, 40, is schizophrenic and delusional, but refuses to take medication to deal with his mental illness. Inabnitt is charged with murder in the June 27 slaying of [...]
 

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