Kentucky

U.S. Sup. Court OKs suits on retaliation in race cases

Posted on May 27, 2008
  WASHINGTON (AP) ? The Supreme Court ruled Tuesday that workers who face retaliation after complaining about race discrimination may sue their employers under a Civil War-era law. The court said in a 7-2 ruling that retaliation is another form of intentional, unlawful discrimination that is barred by the Civil Rights Act of 1866...

Fen Phen trial appears to be clearing name of Judge Bamberger

Posted on May 27, 2008
By LawReader Senior Editor Stan Billingsley    May 27, 2008 The Government has introduced evidence from the Fen Phen trial Judge Joseph Bamberger for over 20 hours, with more questioning to continue. The cross examination by the defense has not yet commenced...

Democratic Poll says Lunsford leads McConnell by 5 points

Posted on May 27, 2008
Jennifer A. Moore Chair, of the Kentucky Democratic Party released a newsletter on Tuesday which says that:    ?a poll released this morning shows that Democratic United States Senate Candidate Bruce Lunsford is leading Mitch McConnell by five points...

New Scrutiny for Organizations Claiming Charitable Tax Status

Posted on May 26, 2008
 Exemptions for Charities Face New Challenges By STEPHANIE STROM  New York Times   May 26, 2008   RED WING, Minn. ? Authorities from the local tax assessor to members of Congress are increasingly challenging the tax-exempt status of nonprofit institutions ? ranging from small group homes to wealthy universities ? questioning whether they deserve special treatment...

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MEMORIAL DAY THOUGHTS - see how many war deaths we should honor

Posted on May 25, 2008
MEMORIAL DAY THOUGHTS BY STAN BILLINGSLEY A few years ago, while eating lunch in Bruge, Belgium, I struck up a conversation with an elderly couple  from London, England. The wife asked me, ?was their much fighting in WWI around here.?   I told her that every flower in the nearby fields was fertilized with English blood...

Cops Gone Wild in Williamsburg? Seatbelt law enforcement draws complaint.

Posted on May 25, 2008
 May 25, 2008  LawReader received the following e-mail regarding a citizen complaint about the enforcement of the new mandatory seat belt law. We have previously published a story about citations being issued in Owenton, Ky. to people sitting in parked cars...

A court of appeals case that cries out for Supreme Court Review

Posted on May 25, 2008
  The following unpublished case demonstrates just how conservative some panels of  the current Court of Appeals can be.  We would suggest that this case cries out for review by the Supreme Court.   LawReader case # 24 issued on May 23rd— Subscribers can view at:  COURT OF APPEALS DECISIONS FOR MAY 23, 2008  oral plea agreement claim warrants [...

Important new rulings are coming out of Kentucky Appellate courts

Posted on May 25, 2008
 If you practice law, you should be reading these decisions on LawReader.  We publish all decisions issued by Ky. Appellate courts within 24 hours of their release, with Keywords, a Snyopsis, and full text.  This important feature is one of the great benefits of a LawReader subscription...

U.S. Elects most state judges ? the rest of the world does otherwise?

Posted on May 25, 2008
 American Exception - Rendering Justice, With One Eye on Re-election By ADAM LIPTAK  - New York Times - May 25, 2008 Last month, Wisconsin voters did something that is routine in the United States but virtually unknown in the rest of the world: They elected a judge...

Polygamist ruling appealed to Texas Supreme Court

Posted on May 24, 2008
SAN ANGELO, Texas ?  Texas child welfare authorities are appealing a ruling in the polygamist sect case, arguing that the state was right to put more than 440 children in foster care. The state is also asking the Texas Supreme Court to allow it to keep custody of the children until the appeals are settled...

Kentucky Judge given 30 day suspension for being rude, and publicly opposing re-election of another judge.

Posted on May 24, 2008
  May 23, 2008   District Judge Frank Wakefield II of Franklin, Ky., has received a 30 day suspension for talking too much in court and being rude.  On Friday May 23, 2008 the Judicial Conduct Commission issued a sanction against the Judge who sits in Allen and Simpson counties...

Congress continues to pursue Carl Rove Connection to U.S. Attorney Firing Scheme ? constitutional crisis looms

Posted on May 24, 2008
The Bush Administration may be pushing their luck, as courts have never recognized theory of Executive privilege to degree advanced by the Executive Branch See judicial history of Executive Privilege Rove Subpoenaed Again By Dan Froomkin Special to washingtonpost...

KSP are citing people in parked cars who don?t have their seatbelt fastened

Posted on May 23, 2008
By LawReader Senior Editor Stan Billingsley: KSP is interpreting the seatbelt law to hold that you can?t even sit in a car without your seatbelt being fastened.   The U.S. Transportation Dept. has given Kentucky $200,000 to conduct statewide enforcement of the mandatory seatbelt law...

Texas Appeals Court Says Polygamist Sects children illegally seized

Posted on May 23, 2008
  By RALPH BLUMENTHAL New York Times - May 23, 2008   See: Text of the Ruling (pdf) HOUSTON ? A Texas appeals court ruled on Thursday that the state had illegally seized up to 468 children from their homes at a polygamist ranch in West Texas. The decision abruptly threw the largest custody case in recent American history [...

At U.S. Supreme Court, 5-to-4 Rulings Fade, but Why?

Posted on May 23, 2008
  By LINDA GREENHOUSE May 23, 2008   WASHINGTON ? Where have all the 5-to-4 decisions gone?   And whatever happened to the ? Kennedy Court ?? A year ago at this time, the Supreme Court had decided 13 cases by votes of 5 to 4, out of 41 total decisions...

Old case sheds light on Separation of Powers argument between Judiciary and Senate

Posted on May 22, 2008
By LawReader Senior Editor Stan Billingsley   May 22, 2008 In a court ruling handed down 51 years ago (see below), the Court held that the Appointment of Judicial Branch officers was a Judicial function.  This ruling came l9 years before adoption of the Judicial  Amendments to the Ky...

Fen Phen Trial Judge: I Relied on Attorneys & Stan Chesley as Class Action Expert

Posted on May 22, 2008
  The following story discussed the highlights of the trial testimony of retired Boone Circuit Judge Joseph Bamberger.  The prosecution called Judge Bamberger as a witness for the Government on the 8th. day of testimony in the trial.   The Administrative Office of the Courts has never provided a CLE on class action practice...

National Press can?t give Hillary a break?they twist exit polls to paint Ky. Primary as racist.

Posted on May 21, 2008
May 21, 2008 In an Associated Press article published the morning after the Kentucky Primary Election racism was credited in the lopsided victory of Hillary Clinton (65%) over Barack Obama. (35%).  The AP article opined:  ?Racial attitudes were also striking...

Supreme Court Upholds Child Pornography Law which makes innocent child photos illegal if they suggest child pornography

Posted on May 20, 2008
The law applies to ?any person who knowingly advertises, promotes, presents, distributes, or solicits? the prohibited material, raising concerns about whether mainstream movies or innocent photographs of babies in the bath might invite prosecution. oDigg oFacebook oMixx oYahoo! Buzz oPermalink By LINDA GREENHOUSE May 20, 2008 WASHINGTON ? The Supreme Court on Monday upheld the latest Congressional effort to curb the spread [...

Primary election results in Kentucky Judicial races.

Posted on May 20, 2008
The top two candidates in each district will have a run-off this November in the General Election.   Kenton DISTRICT JUDGE 16TH DIST DIV 004 ELECTION RESULTS Candidate Party Votes Overall % Ken Easterling 7,336 29.8% Kathleen Lape 6,457 26...

GOP VP wanabee Huckabee makes joke at NRA about Obama being shot at?bad taste continues

Posted on May 19, 2008
  Former GOP Presidential Candidate, and VP wanabee Mike Huckabee made an impromptu remarks upon hearing an offstage chair collapse, that ?That was Barack Obama?.Somebody aimed a gun at him and he dove to the floor.? He later apologized.   Bad taste regarding firearms and one?s opponents continues to be considered humor by some.

Contested Judicial Races on the Ballot this Tuesday

Posted on May 17, 2008
  The following contested Judicial races will be on the ballot on Tuesday May 20th. In the primary elections, the top two candidates will be selected, and will face off in the General Election this November.     Contested Ky. Supreme Court ? Louisville James M...

Justice Minton to take oath on June 27th.

Posted on May 17, 2008
  By the Bowling Green, Ky. Daily News Friday, May 16, 2008 Kentucky Supreme Court Justice John Minton has proven through the years that he is a capable jurist who knows the law to the letter and we can think of no one better to become the next chief justice of the state?s highest court...

Senate Appropriations Chairman praises Williams lawsuit

Posted on May 16, 2008
  May 16, 2008 Senator Charlie Borders (R-Grayson) Chairman of the Appropriations and Revenue Committee has issued a statement of support for the lawsuit filed today by Senate President David Williams against Gov. Steve Beshear concerning the Governor?s veto of the transportation bill...

Senate President Williams files suit to void Gov. Beshear?s veto of transportation bill.

Posted on May 16, 2008
Press Release from office of Senate President David Williams   May l6, 2008  (FRANKFORT) Senate President David L. Williams filed suit today against Governor Steve Beshear to contest his unconstitutional veto of House Bill 79, the 2008-2010 Biennial Highway Construction Plan for the following reasons:   His attempted veto was beyond the constitutionally allowed 10 days after adjournment as [...

Chief Justice Minton will have some ?splaning to do if he upholds Lambert pay raise decision.

Posted on May 16, 2008
Chief Justice Minton faces first controversial Decision. Editorial by LawReader Senior Editor Stan Billingsley     May 15, 2008 Chief Justice Joseph Lambert has made an executive decision that the Legislative appropriation earmarked for raises for the lowest paid Deputy Clerks will be partially used to enhance the 1% pay raise appropriated by the Legislature for other court workers...

Pen Phen Trial begins before Judge Bertlesman

Posted on May 14, 2008
COVINGTON ? Calling it a case of ?unbridled greed,? a federal prosecutor described to jurors how three lawyers allegedly stole millions of dollars intended for Kentuckians sickened by fen-phen.  The lawyers ? Shirley Cunningham Jr., William Gallion and Melbourne Mills Jr...

Some English Judges argue against plan to Ditch Wigs. New design for robes, and Courtroom Couture

Posted on May 14, 2008
  May 13, 2008     Judges in England and Wales will end a 300-year tradition when they stop wearing wigs and black gowns this autumn, replacing them with designer attire This autumn, 300 years of tradition will be turned on its head when judges throw off their itchy horsehair wigs and old black gowns to be clad instead in [...

Polls show extended primary is not hurting Democrats

Posted on May 14, 2008
The continuing primary battle between Clinton and Obama does not seem to be hurting democratic poll numbers against John McCain. In all polls shown, the Democrat leads the Republican candidate.  Some pundits believe the extended primary contests is helping the Democrats while others claim it is hurting...

TWENTIETH ANNIVERSARY OF THE ?CHURCH BUS CRASH?

Posted on May 13, 2008
By LawReader Senior Editor Stan Billingsley We note that Wednesday May l4 is the 20th. Anniversary of the terrible bus crash that occurred on Interstate-71 some 40 miles north of Louisville in l988.  It did not happen in Carrollton.   This incident should not be forgotten, and should forever be an example for a number of issues in [...

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