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LawReader News[ view all news on our blog ]Federal Judge Rules that Commonwealth Attorney Gary Gregory and Circuit Judge Oscar House ?took part in vote fraud? in Clay County. They were not indicted.[Mar 11th, 2010]March 11, 2010
In an unusual evidentiary ruling U.S. District Judge Danny C. Reeves made a finding in the criminal trial of Clay County officials on vote-buying charges, that identified eight non-indicted individuals who “…took part in vote fraud” reported the Lexington Herald-Leader.
None of the named individuals have been charged with any crime and are not [...]
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Supreme Court Bars Attorneys From Bankruptcy Advice to Increase Debt Before Filing[Mar 8th, 2010]March 8 The Supreme Court on Monday unanimously upheld part of the U.S. bankruptcy law that bars attorneys from advising clients to take on more debt while considering a bankruptcy filing.
The opinion by Justice Sonia Sotomayor reverses a ruling by a U.S. appeals court that a provision of the Bankruptcy Abuse Prevention and Consumer Protection [...]
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U.S. Supreme Court Upholds Government?s Juror Strike Based on Her Demeanor and Body Language ? No Batson Violation[Feb 24th, 2010]
On Feb. 22, 2010, the U.S. Supreme Court reversed a 5th U.S. Circuit Court of Appeals decision regarding the “demeanor-based” rejection of a potential juror in a death penalty case. Thaler v. Haynes involves a defense objection under Batson v. Kentucky (pdf) (1986) to the prosecution’s peremptory strike of a potential juror; Batson forbids striking [...]
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U.S. Supreme Court rules that a two-year break in interrogation nullifies 5th. Amendment Demand to Remain Silent made two years prior to current interrogation[Feb 24th, 2010]
Feb. 2010
The US Supreme Court on Thursday ruled 9-0 in Maryland v. Shatzer that the Edwards v. Arizona [opinion text] prohibition against interrogation of a suspect who has invoked the Fifth Amendment right to counsel does not require suppression of statements if, after the suspect asks for counsel, there is a break of more than [...]
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LawReader Welcomes South Carolina Basketball Whiz Devan Downey to Kentucky[Feb 24th, 2010]
By Judge Stan Billingsley (Ret.)
The Wildcats only loss this year was to South Carolina. That game featured the remarkable play of Devan Downey. He is only about 5′ 10″ tall and is said to be able to dribble the ball no higher than the top of his shoes, making it almost impossible for tall opponents [...]
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Supreme Court Rules That Diversity Jurisdiction of Corporate HQs Is Determined by Corporation?s Nerve Center Where Most Work is Performed[Feb 24th, 2010]
SUPREME COURT OF THE UNITED STATES
Syllabus
HERTZ CORP. v. FRIEND ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 081107. Argued November 10, 2009
Decided February 23, 2010
Respondents, California citizens, sued petitioner Hertz Corporation in a California state court for claimed state-law violations. Hertz sought removal to the Federal District Court under [...]
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U.S. Supreme Court Weakens Miranda Warning[Feb 24th, 2010]Feb. 22, 2010
The U.S. Supreme Court this week sided with the Tampa Police Department over a disputed Miranda rights form, a decision likely to benefit the state in some high-profile prosecutions, including a notorious sex torture case.
The high court’s 7-2 ruling reinstated the conviction of 10-time felon Kevin DeWayne Powell, which had been set aside [...]
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Respected Covington Attorney Thomas R. Willenborg Passes[Feb 23rd, 2010]
We sadly must share with you the passing of the Hon. Thomas R. Willenborg (1951 ? 2010).
If one thing is to be said about Tom is that he was a gentleman in all respects. He was a passionate and dedicated advocate for his clients. We will miss him.
His services are as follows:
Visitation: Saturday, February 27, [...]
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CITY ATTORNEY DON BYROM?S CONTRACT NOT RENEWED WITH THE CITY OF RUSSELL SPRINGS DUE TO COURT ORDERED DISQUALIFICATION[Feb 23rd, 2010]
Posted by Amy Mischler
During this past week it has been published in the Russell Register that the City of Russell Springs decided ?not to renew? local Attorney Don Byrom?s contract as the city attorney. As in all of Mayor DeHart?s statements, he was not completely candid with the public. DeHart stated that an untenable situation [...]
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Louisville Bar Association Releases Judicial Evaluation Poll ? Four Judges Score Below Average[Feb 23rd, 2010]
You can find this poll at:
Judicial Evaluation Results
The results of the LBA’s annual judicial evaluation of local sitting judges are now available for download.
The judicial evaluation, which has been conducted since 1979, is designed to provide constructive criticism to sitting judges in order to allow them to improve their performance and maintain the high [...]
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Rules for Olympic Curling ? Scoring[Feb 20th, 2010]
The competition begins with two teams at a time who compete on the ice. The curling teams push 19.1kg stones while they are aiming for a series of rings. The object of curling is for the stones to reach as close to the middle of the rings as possible. Every member of the 4 person curling teams [...]
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?Zero-Tolerance DUI Bill Makes Zero Sense?[Feb 19th, 2010]“Zero-Tolerance Bill Makes Zero Sense”
By Nathan Miller
Once again, a bill that seeks to punish prior use of a controlled substance with an automatic DUI conviction is making its way through the Kentucky Legislature.
Like its predecessors, SB 5 cleverly attempts to bootstrap an ill-advised rule regarding all drugs onto a rule created for the purpose of [...]
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ARIZONA FEDERAL JUDGE FINDS GROUNDS TO SANCTION TOUGH GUY SHERIFF JOE ARPAIO[Feb 19th, 2010]By JACQUES BILLEAUD – ap
A federal judge has found grounds for sanctioning an Arizona sheriff’s office for its acknowledged destruction of records in a lawsuit that accuses deputies of racially profiling countless Hispanics in immigration patrols.
U.S. District Judge Murray Snow held off on imposing the sanctions against the office of Maricopa County Sheriff Joe Arpaio [...]
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Hundreds of Ohio Defendants Arrested On Court Clerks? Orders ? Prosecutors and Judges bypassed[Feb 19th, 2010] By Dan Horn ? enquirer.com ? February 13, 2010
Police in Hamilton County have arrested hundreds of people in the past year because of a criminal complaint system that the county’s top prosecutor says is bad public policy and some judges say violates Ohio law.
The system has allowed court clerks – rather than prosecutors or judges [...]
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California Prosecutor Disbarred for Ethical Misconduct ? Disobeying Court Ordres, Hiding Evidence from Defendant[Feb 19th, 2010]By Tracey Kaplan
Calling former Santa Clara County prosecutor Ben Field’s ethical misconduct “inexcusable,” a State Bar appeals panel has upheld a judge’s landmark recommendation that he be suspended from practicing law for four years.
The panel’s decision increases the chances Field will undergo the harshest disciplinary punishment in recent history for a California prosecutor. Field’s attorney, [...]
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Attorney Diana Skaggs Takes Issue With Ct. of Appeals Ruling Which Voids Family Court Arbitration Procedures ? Ruling virtually invites Sup. Ct. Review[Feb 12th, 2010]
Editorial by Diana Skaggs published in Louisville Courier-Journal Feb. 12, 2010
Distressed that arbitration is not a viable alternative to spouses who cannot afford to pay an arbitrator and holding that the approval of the arbitration process by a family court constitutes an improper delegation of its constitutional responsibility, the Kentucky Court of Appeals recently barred [...]
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Government Can Track Your Movements by Monitering Your Cell Phone[Feb 12th, 2010]Feds push for tracking cell phones
by Declan McCullagh
Two years ago, when the FBI was stymied by a band of armed robbers known as the “Scarecrow Bandits” that had robbed more than 20 Texas banks, it came up with a novel method of locating the thieves.
FBI agents obtained logs from mobile phone companies corresponding to what [...]
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Toyota Recall Sparks Largest Consumer-fraud case ever ? One claim filed in Kentucky[Feb 11th, 2010]Legal troubles for Toyota continue to grow, with dozens of potential class-action lawsuits filed around the country, including in Northern Kentucky.
University of Kentucky law professor Mary Davis was quoted in a Lexington Herald-Leader article as saying the Toyota litigation, in the wake of the Japanese automaker’s recall of more than 8.5 million vehicles worldwide, has [...]
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SUPREME COURT?S DECISION ALLOWING CORPORATE CAMPAIGN FREE SPEECH PROVIDES BASIS TO BRING KENTUCKY?S RESTRICTIONS ON FREE SPEECH OF LAWYERS INTO QUESTION[Feb 9th, 2010]
In CITIZENS UNITED v. FEDERAL ELECTION COMMISSION issued in late January, the U.S. Supreme Court indicated that the government has a very difficult burden to overcome before they can limit and punish free political speech. In this case the Supreme Court invalidated campaign finance laws that prohibited political contributions by corporations to political campaigns. This [...]
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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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