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Kentucky's Legal Headlines for February 2001
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February 1, 2001
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Louisville - Lawyer Held Over for Calling Judge Name in
Court
Louisville
Courier-Journal
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Attorney Leonard Medley was placed in a "hold over"
pending completion of court by Judge Sean Delahanty. Medley
did not comply with Judge Delehanty's verbal warning to stop
referring to him as "Judge Judy".
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Covington - Craven Counsel Conflict Deferred by County to
Prosecution by State - County Won't Appeal Judge Summe's
Ruling
Kentucky Post
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Barbourville - Knox County Attorney and Wife Feud Arraignment
Pending
Lexington
Herald Leader
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Ky Supreme Court Reverses Nelson County Murder for Hire
Conviction - Says Judge related to material witness should be
recused
Bardstown Kentucky
Standard
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CONTINUING LEGAL EDUCATION SEMINARS @ the LBA
- Thursday, February 1 - "Creating Trial and Negotiating
Exhibits" for 2.0 CLE Hours
- Friday, February 2 - "Everything You Need to Know About
Gifts and Gift Tax" for 2.0 CLE Hours
- Upcoming Seminars include:
- Wednesday, February 7 - "Conjuring the Oral Argument:
Conceiving and Presenting Lively Oral Arguments"
for 2.0 CLE Hours
- Thursday, February 8 - "Securities Law Update 2001:
Annual Disclosure, Fair Disclosure and Insider
Trading" for 2.0 CLE Hours
- Friday, February 16 - "Significant Legal Developments
for In-House Counsel: Annual Update" for 2.0 CLE Hours
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Other Headlines
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February 2, 2001
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Kentucky - Hundreds file legal claims from coal slurry spill
Some claim skin sores caused by mine waste.
Louisville
Courier Journal
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Louisville Courier Journal On Line Today
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Lexington Herald Leader On Line Today
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Other 'Legal' Headlines from around the
state
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February 5, 2001 - Monday
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Louisville - Judge Gives the Colonel's Recipe Book Back to
Settles
Louisville
Courier Journal
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It may never be known whether the recipe for fried chicken recently
found in an old datebook is the secret blend of 11 herbs and spices
created by Colonel Harland Sanders of Kentucky Fried Chicken fame.
A local judge yesterday released the leather-bound datebook from
court custody after the KFC Corp. moved to withdraw a lawsuit
against the couple who found it. KFC officials said the document
wasn't the same as the company's secret, proprietary recipe.
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Louisville Courier-Journal
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Lexington Herald-Leader
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Covington - Kentucky Post
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Other Legal Headlines from around the state
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February 6, 2001 - Tuesday
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New DUI law helps both sides
Covington - Kentucky Post
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Pikeville - Juror Convicted of Taking a Bribe
Appalachian News Express
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A Hardy man has been indicted by a Pike County Grand Jury on a
charge that he, while serving on that jury last year, accepted a
bribe and attempted to have another person engage in bribery.
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Prestonsburg - Juvenile Homicide Case Ends in Judicial Secrecy
Floyd County Times
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February 7, 2001 - Wed.
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Louisville - Harris Murder Trial Update
Louisville
Courier-Journal
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In response to the insanity defense, prosecutors called
witnesses to show Kim Harris appeared fine prior to the
murders. Kim Harris' father told the jury in his
daughter's double-murder trial that the family had sat around
and watched television the night before two nursing-home
executives were shot to death and that he did not notice
anything strange or out of the ordinary about his daughter that
night almost four years ago.
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FindLaw- Posts Article on Kentucky's Ten Commandments' Case
FindLaw.com
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Supporters of posting the Ten Commandments in public buildings
were to make a case for their position Tuesday night in a paid
television program. The 30-minute program called, ``Standing for
Family, Faith and Freedom,'' cost $1,500 and was scheduled to be
shown on WYMT-TV in Hazard, said the Rev. Herschel Walker,
pastor of Hopewell Baptist Church in Corbin. The defense
fund is dwindling as the ACLU legal onslaught mounts.
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Mt. Sterling - Nurse claims hospital fired her for refusing
excess patient load
Lexington
Herald Leader
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Other Legal Headlines from Kentucky
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February 8, 2001 - Thursday
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Louisville - Former Governor Files for Bankruptcy
Louisville Courier-Journal
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Former Gov. Wallace Wilkinson will file for personal bankruptcy
today to avoid forced liquidation of his assets to pay massive
debts.
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Louisville - Another police shooting
Louisville Courier-Journal
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A 20-year-old man was found shot to death in the back seat of an
Oldsmobile abandoned in Shively early yesterday. It was the same
car a Louisville police sergeant had shot at after it hit his
partner two hours earlier, police said.
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Other Legal Headlines from Kentucky
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February 9, 2001 - Friday - Todays's
Headlines
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Louisville - Jury Finds Harris Guilty of Murder - Rejects
Insanity
Louisville Courier-Journal
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Jury deliberates for over 4 hours - rejects the insanity defense
and finds Kim Harris guilty of two counts of intentional murder
at the eastern Jefferson County murder home. She could
receive the death penalty.
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Louisville - Dempsie Pleads Guilty to Child Molestation
Louisville Courier-Journal
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A Lyndon man charged with molesting seven children pled guilty
to 10 counts of sexual abuse, eight counts of sodomy and one
count of possession of material portraying a sexual performance
by a minor pursuant to a plea agreement for 39 years in jail.
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Other Legal Headlines from Kentucky
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Feb. 12, 2001 - Monday
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Louisville - Jefferson Court Jury Recommends Life for Harris
Louisville Courier-Journal
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Jury deliberates 5 hours. Rejects death penalty, but
recommends life sentences for Kim Harris who was convicted of
killing two nursing home administrators.
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Frankfort - Legislator Stumbo May Block Family Courts Bill
Louisville Courier-Journal
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Chief Justice Joseph Lambert of the Kentucky Supreme Court wants
the family court amendment because the state constitution does
not specifically allow creation of family courts, which are a
hybrid of circuit and district courts and handle divorces and
other domestic issues. However, Stumbo may attach a
'bottle bill' to it which caused the proposal to die last year.
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Other Legal Headlines
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Feb. 13, 2001 - Tuesday
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Louisville - Jefferson Court Jury Recommends Life for Harris
Louisville Courier-Journal
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Jury deliberates 5 hours. Rejects death penalty, but
recommends life sentences for Kim Harris who was convicted of
killing two nursing home administrators.
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Former Governor Wilkinson over $300 Million in Debt
Lexington Herald-Leader
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Former Gov. Wallace G. Wilkinson named his 20 largest unsecured
creditors yesterday in a filing in U.S. Bankruptcy Court in
Lexington. Debts to creditors amount to $339 million
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Other Legal Headlines
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Feb. 14, 2001 - Wednesday
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Lexington - Jury Finds Man Guilty in Slaying Outside Bar
Lexington Herald-Leader
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Bowling Green - Battered Spouse Defense Raised in Trial Over
Death of Commonweath Attorney Fred Capps
Lexington Herald-Leader
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The woman accused of helping her husband kill Cumberland County
prosecutor Fred Capps was a victim herself, according to a
psychological profile her attorneys want to use in her defense.
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Other Legal Headlines
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Feb. 15, 2001 - Thursday
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Ky Sup. Court - To Hear Case on Immunity of
Prosecutors
Lexington Herald-Leader
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Gary Puckett spent 20 months in prison for a murder
he didn't commit his mother's. Now, the Kentucky Supreme Court must
decide whether the prosecutors who helped convict Puckett in 1994
can be held responsible. The question will take on greater
significance if DNA analysis and other new technology results in
more exonerations of prison inmates, as expected.
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Legislature - Three Bills Proposed to Change
Statute of Limitations
Lexington Herald-Leader
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Senate Bill 53 would double the statute for wrongful
death suits from one to two years. SB 113 would do the same for
product liability cases. SB 134 would leave the statute for
securities fraud at three years, but the clock would start ticking
when the victim discovered they had been cheated, not when the fraud
occurred.
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Heather French Stumping For Veterans at Nation's
Capitol
Covington - Kentucky Post
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Catlettsburg Youth Get Taste of Justice at Mock
Trial
Ashland - Daily Independent
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Other Legal Headlines
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Feb. 16, 2001 - FRIDAY
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Louisville - Former Speaker Don Blandford Still Disputes
Conviction
Louisville Courier-Journal
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Louisville - Quentin Hammond's Killer Seeks Shock Probation
Louisville Courier-Journal
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Louisville - Quarles Murder Trial Continued by Judge
Louisville Courier-Journal
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Ky Sup Ct - Asked to Reverse Death Sentence Verdict
Louisville Courier-Journal
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Lawyers for a death-row inmate who was convicted largely on the
grand-jury testimony of a 15-year-old boy who died before the trial
have asked the Kentucky Supreme Court to throw out the verdict.
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Ky Sup Ct - Hears Diversion Case re Hustler's Larry Flynt's
Nephew
Covington - Kentucky Post
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Other Legal Headlines
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Feb. 19 2001 - Monday
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Louisville - Jefferson County Jury Awards $500,000 Plus
Verdict
Louisville Courier-Journal
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After concluding that three former Metro Parks lifeguards were
victimized by racial discrimination in 1997, a Jefferson Circuit
Court jury awarded them $501,000 in damages Friday night.
Brandon Lumpkins, Jason Starks and Kenneth Anthony, who are
African American, were each allocated $167,000 after the jury
deliberated for about three hours. They were represented
by Attorney Glenn Cohen.
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Lexington - Lawyer Sues Over Adult Nightclub Assault
Lexington Herald-Leader
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Lexington lawyer, William Gallion, whose firm has represented
the city and University of Kentucky Hospital has sued an adult
nightclub alleging that he and a friend were physically and
emotionally injured during an altercation there. Defendants
claim Gallion and friend asked to leave following short-changed
couch dance.
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Louisville - Another hand for Kleinert and Kutz,
transplant that is
Louisville Courier-Journal
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A 36-year-old Michigan man became the ninth person to
receive a hand transplant -- and the second one to do so in
Louisville.
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Louisville - Aaron Hardin denied shock probation in brother's
death
Louisville Courier-Journal
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Ky Ct Appeals - School Personnel can't be sued for off-school
fight
Lexington Herald-Leader
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Other Legal Headlines
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Feb. 20, 2001 - Tuesday
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Louisville - FBI Looking For Man To Question in Bank Shooting
Louisville Courier-Journal
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FBI officials are searching for a Louisville man
who may have information about the suspects in Tuesday's fatal
robbery at National City Bank.
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Bowling Green - Seat Belt Law May Be Tightened
Bowling Green - Daily News
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Paintsville - Nursing Home Sued for Deaths of Two Patients
The Paintsville Herald
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Feb. 21, 2001 - Wednesday
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Louisville - LBA Rating of Judges Hits the Streets
Louisville Courier-Journal
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Almost two dozen state and federal judges got
better-than-average grades in the latest poll by the Louisville
Bar Association. Judge Steven Ryan got the lowest rating;
Bankruptcy Judge Joan Cooper, the highest.
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Lexington - Nicholasville Man Busted in Internet Sex Sting In
Ohio
Lexington Herald-Leader
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Covington - Trial Date Set in Pilot Killing Case
Covington - Kentucky Post
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Other Legal Headlines
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Feb. 22, 2001 - Thursday
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Ky Sup. Court - Police Not Responsible for DUI
Death
Kentucky
Post
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The state Supreme Court says three Florence police officers are not
responsible for the death of a woman who was nearly beheaded in a
1994 drunken-driving wreck. Boone Circuit Judge's dismissal of
charges upheld.
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Ky Sup. Court - Slaying May Go to Third Trial
Bowling Green - Daily News
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A Warren County man convicted in 1999 of first-degree manslaughter
in the slaying of his wife could be tried a third time after the
Kentucky Supreme Court voted 4-3
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Lexington - Ragland Tape Played in Court
Lexington Herald-Leader
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Despite the strenuous objections of his attorney, the full videotape
of Shane Ragland's interview with police investigators was played
yesterday in open court and revealed mostly that he insisted
throughout the two-hour interrogation he had nothing to do with the
murder of Trent DiGiuro.
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Lexington - County Attorney Richwalsky Resigns
Covington - Kentucky Post
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Paul Richwalsky, the director of prosecutions for the Fayette County
attorney's office, has resigned in the wake of a federal
duck-hunting charge lodged against him. He has taken a
position with the Jefferson County attorney's office.
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Other Legal Headlines
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Feb. 23, 2001 - FRIDAY
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Louisville - Jefferson County Hires Lawyer Richwalsky
Louisville Courier-Journal
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Paul Richwalsky, who resigned as director of prosecutions at the
Fayette County attorney's office after a hunting violation, has
joined Jefferson County Attorney Irv Maze's office.
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Louisville - Federal Jury Rejects Patient Dumping Claim
Louisville Courier-Journal
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A federal jury in Louisville decided against a Bardstown woman whose
guardian had sued a Louisville hospital claiming it had violated
federal law by "dumping" the pateint in an Indiana nursing
home nine years ago.
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Louisville - Warrant Links Property to Bank Murder Suspect
Louisville Courier-Journal
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A search warrant unsealed in U.S. District Court yesterday discloses
new evidence that investigators say links Tiffany Dominique
Pennington to the Feb. 13 bank robbery in Indian Hills in which an
employee was killed.
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Louisville - Former Hillview Police Officer Acquitted of Rape
Louisville Courier-Journal
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Louisville - Detroit Man Indicted in Fed Court over attempted
software theft
Louisville Courier-Journal
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Ky Sup Ct Decisions
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- The law that makes it a crime for lawyers to solicit business
from accident or disaster victims within 30 days of the event is
constitutional, the Kentucky Supreme Court ruled yesterday.
- Florence police officers are not liable for damages sought by
the estate of a woman killed in a 1994 car wreck after she was
apparently encouraged to accompany the driver responsible for
the accident, the Supreme Court ruled yesterday.
- The court refused to reinstate the law license of Norrie Wake,
the former Fayette County attorney who was convicted of a
kickback scheme involving raises given to his employees that
were returned so he could pay off campaign debts.
- Other Decisions
- Agreed to the suspension of Joseph Frederick Bamberger III
of Florence for 30 days, but put the suspension on hold for
a year of probation. Bamberger agreed he failed to properly
pursue a divorce case for a client, but said he has an
alcohol dependency problem. The court placed several
restrictions on Bamberger during the probation year.
- Fined Harry D. Williams of Paintsville $500 for failing to
keep up with continuing education requirements.
- Fined Charles J. Sutherland Jr. of Lexington $250 for
failing to keep up with continuing education requirements.
- Suspended William D. Fausz Jr. of Florence for five years.
Fausz was convicted of possession of a controlled substance
and possession of a forged instrument. He had been suspended
in May.
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Feb. 26, 2001 - Monday
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Louisville - 74 Year Old Man Finally Released on Contempt
Charge
Louisville Courier-Journal
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Louisville attorney Ted Amshoff files a habeas corpus petition
and Meade County prosecutor Kenton Smith agrees to release of
Ken Boyd, Meade County father who has been jailed for contempt
for nearly six months. Smith said ''Up until this time, I
wasn't sure he (Boyd) wanted to get out." Boyd who
lives near Brandenburg, was found in contempt and jailed last
year.
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Lexington - Convicted Child Pornographer Back In
Jail
Lexington Herald-Leader
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Convicted child pornographer Brian Hause, who was free as his
attorneys appeal his sentence, is back in jail after the police
fielded two complaints about him.
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Legislature - Pistol Packing Lawyers Bill Passes House
Lexington Herald-Leader
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Judges could holster heat under their robes and prosecutors
could pack pistols in the courtroom under a bill that passed the
state Senate yesterday. Supporters of the measure, which now
moves to the House, said it would allow judges, commonwealth's
attorneys, county attorneys and their assistants to protect
themselves from threats that are omnipresent in their jobs.
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Other Legislative Bills
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Ky Ct App - Open Records Statute Available to Litigants
Lexington Herald-Leader
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Kentucky Court of Appeals ruled that access to public documents
under the Kentucky Open Records Law is not suspended if the
documents might also be used in ongoing civil litigation -
allowing someone not connected to a lawsuit access to documents
while denying it to others would be an "absurd or
unreasonable result.''
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Lexington - 3 Nurses Sue Hospital Alleging Sexual
Harassment
Lexington Herald-Leader
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Three former nurses at St. Joseph East have sued the hospital,
alleging that one was sexually harassed by her female supervisor
and the other two were retaliated against for saying that they
had witnessed the behavior.
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Other Legal Headlines
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Upcoming LOCAL CLE from Your LBA
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Tuesday, February 27 - "Requesting Medical Records in
Kentucky" for 2.0 CLE Hours
Wednesday, February 28 - "Everything You Wanted to Know
About the Jefferson County Air Pollution Control District, But
Were Afraid to Ask" for 2.0 CLE Hours
Tuesday, March 6 - "How Not to Malpractice Your Probate
Case" for 2.0 CLE Hours
Friday, March 9 - "Practical Considerations Relating to
Restrictive
Covenants in Employment" for 2.0 CLE Hours
Wednesday, March 14 - "What's New in Zoning Law?
Current Issues and Case Law Update" for 2.0 CLE Hours
Friday, March 16 - "Retirement Plan Primer for Estate and
Tax Planners" for 2.0 CLE Hours
Tuesday, March 20 - "Tax Issues in the Sale of a
Business" for 2.0 CLE Hours
Wednesday, March 21 - "Recordkeeping for the IRS -- It's
Not Just a Good Idea, It's Also the Law" for 2.0 CLE Hours
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JEFFERSON COUNTY FAMILY COURT ANNOUNCES DOCKET CHANGES
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The Family Court Judges have approved the following docket
changes.
- Judge Juda Maria Hellmann -- Division Four
Effective March 9 / Week One only: Friday paternity docket
begins at 8:30 a.m.
- Judge Eleanore Garber -- Division Five
Effective March 9 / Week One and Week Two: Friday paternity
docket begins at 8:30 a.m.
- Judge Jerry Bowles -- Division Six
Effective June 1 / Week One and Week Two: Friday emergency
protective order docket begins at 8:30 a.m.
- Judge Joseph O'Reilly -- Division Seven
Effective February 19 / Week One and Week Two: Monday
emergency protective order Docket for motions and show cause
hearings held 8 a.m. to 8:30 a.m.
Paternity docket begins at 8:30 a.m. and emergency
protective order docket begins at 1 p.m.
- Judge Stephen George -- Division Nine
Effective March 6 / Week One only: Tuesday paternity dockets
begin at 9 a.m. and 1 p.m. Paternity Motion Conference
Docket
Effective March 6 / Week One and Week Two: Tuesday
conference docket begins at 9 a.m. in Courtroom 600
Paternity Conference Dockets
Effective March 8 / Week One and Week Two: Thursday
conference dockets begin at 9 a.m. and 1 p.m. in Courtroom
600
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Feb. 27, 2001 - Tuesday
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New
Rules Changes Effective 2/1/2001
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Oops, Better late than never.....
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Louisville - Mel Ignatow Asking
Supremes to Reconsider
Louisville Courier-Journal
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Mel Ignatow, who got away with murder almost 10 years ago, is
asking the Kentucky Supreme Court to reconsider its decision
allowing him to be tried on a charge of lying under oath about
his relationship with the woman he killed.
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Louisville - Capitol (Death Penalty) Cases on Rise in
Jefferson County
Louisville Courier-Journal
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Other Legal Headlines
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Feb. 28, 2001 - Wednesday
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Louisville - Jefferson County's Hall of Justice Renovation
Louisville Courier-Journal
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A $2 million kitchen that will serve as many as 6,000 meals a
day to inmates is the centerpiece of a renovated corrections
space in the Hall of Justice is unveiled.
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Louisville - Jefferson Jail Inmate Just Walks Out
Louisville Courier-Journal
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The wrong man walked out of the Jefferson County Jail early
yesterday after swapping identities with another inmate. He was
still at large late last night.
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Louisville - Police Officer Shot While Serving Warrant
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Louisville Courier-Journal
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Covington - Mother Pleads Guilty to Child Negligence
Covington - Kentucky Post
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The mother of a 7-week-old girl pleaded not guilty Monday to
endangering the welfare of a minor after being accused of
leaving the child in an apartment with crack users overnight
Friday
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Other Legal Headlines
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