August 20, 2008

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Austrian Olympic swimmer Markus Rogan told The Associated Press he isn’t impressed by those high-tech swimsuits in which dozens of world records have been set this year:  “I tested it.  I threw it in the pool, and it didn’t move at all. So I’ll still have to swim.”
 
 
 
Feds seek new rules to widen role of local police in domestic spying Barney fife is only allowed to carry one bullet, but he can soon investigate you if he thinks you're a terrorist!!
 
 
 
Non-Partisan Fact Check See if TV commercial is fact or fiction
 
Court of Appeals upholds contempt citation for fletcher administration corrections commissioner who refused to honor judges order to produce inmate for consideration of probation  apparently he felt jailers could ignore the courts with impunity if they disagreed with a court order- ruling may cost him thousands
 
Attorney Steve Romines scores Million Dollar verdict in false arrest of his client, Maria DeCamillis Raque, by Strathmoor Village policeman. Officer sought to stop children from playing hide and seek. Court's 404B ruling hid some 50 prior complaints against the officer.
 
FILING FEES, KENTUCKY CIVIL COURT  AS AMENDED  2008
 
 also see candidates who have withdrawn as of aug. 14th.
 
 
 
 
 
 
"It is a settled and invariable principle, that every right, when withheld, must have a remedy, and every injury its proper redress?" Marbury v. Madison, 5 US 137, 147 (1803)
 
Is portion of the DUI statute unconstitutional since it dictates a rule of evidence? 
 
 
FOR LAWREADER SUBCRIBERS ONLY:  LawReader Announces Publication of the SUPREME COURT STUDY 2007.Former Chase Law School professor Martin Huelsmann compiled each vote cast by each Justice, for the entire year of 2007. LawReader has placed the votes in a spreadsheet to provide a statistical record. This study provides an objective method by which the reader may evaluate the legal philosophy of each Justice and the Ky. Supreme Court as a body. 
  
WILL YOUR COUNTY LAW LIBRARY BE PREPARED IF YOU ARE AUDITED? Are they meeting the needs of the local bar members and fulfillng their duties? 
 
GOP activist Larry Forgy, on the unfolding US probe of highway contractor Leonard Lawson:  “He’s almost completely bought the political process since 1981 — purchased it lock, stock and barrel.  I think his career has represented the largest political scandal in the history of the commonwealth.  He’s like gonorrhea — if you’re near him, you’re going to catch it.”
 
 
 

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Court of  Appeals Judge Denise Clayton (left) and Supreme Court Justice Lisabeth Abramson visit with LawReader Senior Editor Stan Billingsley at the LawReader booth at the Kentucky Bar Association state convention held recently in Lexington.
 
 
 

 

 

Chief Justice Joseph Lambert (center) spoke at the dedication of the Gallatin County Courthouse renovation on Wed. June 25th.  Others in attendence were (from left to right) Ct.of Appeals Judge Michelle Keller, Boone-Gallatin Dist. Judge Mike Collins, Lambert, Boone -Gallatin Dist. Judge Charlie Moore, & Gallatin County Attorney John "Spike" Wright.

 
WHY COUNTY LAW LIBRARIES SHOULD PROVIDE LAWREADER   Is your Co. Law Library a good steward of taxpayer's resources?
 
 

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KY.
30 cases-16 to be published w/ keywords & SYNOPSIS - rELEASED BY COURT ON JUNE 19, 2008 -
       Edited by Judge Stan Billingsley (ret.)
Note: The Supreme Court will be on vacation in July, and will not issue new decisions until August 21st.
 TOPICS DISCUSSED THIS MONTH BY SUP. CT.:
kba discipline --no appeal from temporary injunction – restraining order--stay – tolling of statute of limitations –revival of action, krs 304.36-085--lost or diminished chance doctrine rejected – impeachment of expert witness-- board of claims – ministerial duty vs. discretionary duty –sovereign immunity --duty of local government to defend former employee against tort claim arising out of employment--UIM benefits sought by estate – regular use exclusion – vehicle owned by minor child not furnished by parents to the child--age discriminationCLAIM-PALPABLE ERROR RULE ARISES FROM ACTION OF JUDGE NOT BY ATTORNEY OR LITIGANTS-PUNITIVE DAMAGES NOT ALLOWED IN DISCRIMINATION SUIT—UP THE LADDERdefense – exclusive remedy defense – contractors--standard for custody modification enlarged – best interests of child – procedure for granting family court jurisdiction--testimony of pretrial services officer – palpable errorreview – court retains authority to determine manner of trial, and may reopen proof after closing argument--writ of prohibition--allowance of funding for post-conviction expert--speedy trial –prosecutorial misconduct-send a message speech must be timely objected to--instruction for extreme emotional disturbance – cross-examination –prosecutorial comment in closing argument--suppression motion –sufficiency of search warrant affidavit – good faith exception- corroboration of tip-informant reliability—standards for murder conviction-combination instruction--testimonial hearsay – 911 tapes- ongoing emergency exception-- competency of child witness- prior bad acts exception…applies to prior crimes and not crime being tried --No sentence may be consecutive to life sentence--Miranda rights – protecting the record--sufficiency of affidavit – probable cause for search warrant-common sense tobe used- commonwealth calling defendant “cocaine granny”--worker’s compensation – settlement-reopening-mistake--injured worker responsible for own attorney fees in reopening by employer – legislature is only source of remedy--worker’s compensation – statute of limitations-notice of injury-discovery rule for repetitive injury-medical causation standard-- worker’s compensation – worker not entitled to an up the ladder liability against city--impairment rating reached in settlement not binding on reopening - admission against interest in settlement not admissible--worker’s compensation – impairment guide-medical proof--worker’s compensation – settlement statement cannot be admission against interest – award allowed upon reopening--
Opinions Ky. Sup. Ct.  Library of prior Sup. Ct. decisions w/LawReader synopsis
Important topics discussed this week:

 worker’s compensation-indemnification-summary judgment before discovery completed--child support collection- issues may be waived by inaction-support order defined--death of plaintiff-incompetency of administrator- reviver ofaction--exclusion of evidence-authentication or identification as condition precedent to admissibility--arbitration –procedure to contest90 day rule --failure to name indispensable party on appeal--no individual private claim for hipaa violation- amendment of complaint--allocation of income tax exemption-modification- unconscionable--bank loan – statute of frauds--enforcement of foreign judgment in Kentucky-registration of foreign judgment- qdro – familycourt contempt power--  interpretation of settlement agreement – procedure for withdrawal of a motion--corrections commissioner in contempt of court for failing to release youthful offender to court for consideration of probationviolent offender-jurisdiction of court---Zero damages for loss of earnings of child requires retrial on this issue of damages – award of court costs – medical negligence can be superceding foreseeable act—comparative negligenceapplied--exculpatory contract – public policy- risk of loss--appeal of final action of planning and zoning board-minutes- time for appeal-administrativeagency taskof approving minutes-- child visitation--Trial Judge Frank Allen Fletcher of wolfe county….grants summary judgment which both parties objected too, without a motion by either party or a ten day notice as required by the Civil Rules.--termination of parental rights –appeal procedure--child custody--Judge may interview child in custody case in camera--worker’s compensation--timesharing of child--worker’s compensation--11.42 motion--circumstantial evidence of presence of gun sufficient for first degree robbery conviction--investigative stop –valid arrest--civil contempt for not paying child support--sentencing for multiple offenses-persistent felony sentencing-multiple sentences--

 

Opinions Ct. of Appeal   Library of prior decisions w/LawReader synopsis   

 
 
 
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KY. REGISTRY OF ELECTION FINANCE  Check Campaign Contributions   
 
LAWREADER GOES TO EUROPE -  See pictures stories
 
FEN PHEN ARTICLES  Over 100 news stories re: Ky. Fen Phen case
 
 
RECENT 6TH CIRCUIT CASES  by Louisville LawWire  
 
 
 
 
 

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