Louisville, Kentucky    

 April 2001

 

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Reference Desk

Kentucky's Legal Headlines for April 2001 - Archives

Recent Verdicts From Around the Kentucky
Kentucky Trial Court Review 4 KTCR 5, Apr 2001

  • Jefferson County.  Attorneys Glenn Cohen and Cynthia Effinger obtain $501,000 jury verdict for three black lifeguards alleging hostile work environment against city. The 'n' word was used.

  • Jefferson County:  Attorney Bill Patterson gets zero verdict against hand surgeon criticized for experimental procedure.  Defense attorney Phillips uses the "Fosberry Flop" analogy in closing to show what is experimental one day becomes the norm the next. Patterson relies on rabbits, bird dogs etc to try and get around the Kleinert & Kutz's reputation.

  • Kenton County.  Sponge left during biopsy results in mastectomy and a $310,000 medical negligence verdict.

  • McCracken County. $765,420 UM verdict by attorney James Harris from Paducah for L4-L5 laminectomy.  Bowling Green IME doctor took umbrage over vigorous cross-examination.

  • Christian County.  Quarter million dollar cookie slip and fall at Wal-Mart by attorney Doug Willen from Hopkinsville.

  • Federal.  Retrial of patient-dumping suit returned by the US Supreme Court ends up in defense verdict on liability. 

  • Calloway County.  Defense attorney Reford Coleman shoots for threshold verdict, but jury disagrees and awards combined verdict of  $164,993 for persistent neck and shoulder pain to husband and busted ribs and persistent back pain for wife.

  • Jefferson County.  Defense verdict on damages.  Frisch's admitted fault when it served a Super Big Boy with spider and centipede inside.  Defense attorney Phillip Longmeyer argued plaintiff needed to get over it and was making a mountain out of a molehill.  Red herrings (fish) also played a part in his closing over the hamburger. Plaintiff still wants to keep his burger in the freezer.

 
April 2, 2001 - Monday
Forensics Solve 1966 Death in Northern Kentucky
But who killed him and why? Investigation continues.

Louisville Courier-Journal
The skull of a wealthy businessman met a violent death in 1966.  However, his murder was not discovered until last year, when two boys fishing found a skull along the bank of the Ohio River in Northern Kentucky.  Forensics has identified the man as Henry Scharf, a Connecticut stockbroker and fugitive in a federal tax case. Police are pursuing a homicide investigation and hope to find out who killed and buried Scharf, who disappeared in 1966 after testifying before a federal grand jury in New York. The skull showed Scharf had been shot in the head.  Forensics and DNA were used to identify the skull.
Louisville Lawyer Ed Glasscock at forefront in bringing NBA to town
Louisville Courier-Journal
As chairman of the boards of Greater Louisville Inc., Bellarmine University and the Kentucky Center for the Arts, as well as co-owner of the Louisville RiverBats and co-managing partner of a newly merged 400lawyer firm that bills itself as the largest between Chicago and Atlanta, Glasscock is a towering figure in Louisville's business and legal world.  Known by his friends as ''Fast Eddie,'' because he never stops moving.
Two local cases may show evidence of racial bias
Louisville Courier-Journal
The results of two cases, one black and one white, one male and one female, may show whether blacks receive stiffer sentences than whites in Jefferson County's courts:
  • Aaron Hardin, a black under 18 years of age, was convicted of one count of murder for fatally shooting his 13-year-old brother and sentenced  to 22 years in prison.  He had pled not guilty.
  • Andrea Kowalczyk, a white, pleaded guilty to two counts of manslaughter in connection with a fatal drunken driving accident and was sentenced to 10 years in prison. She was granted shock probation after serving two months of her sentence.
Mental Health Defense Newly Raised on Eve of Murder Trial
Lexington Herald-Leader
In what prosecutors clearly consider the 11th hour, accused killer Richard Sherroan asked a judge to bar the Fayette Commonwealth's Attorney from being involved in his death penalty case. When his attorneys lost on that move, they announced they will raise Sherroan's mental health as a defense a revelation that came just three weeks before he goes on trial for the capital murder of his stepfather and two friends.
Alford and Guilty Pleas Entered in Dermatologist Trial
Louisville Courier-Journal
Dr. James W. Green, a Middletown dermatologist, and his former assistant, Corey J. Richardson, abruptly pleaded guilty to multiple charges including wanton endangerment in Jefferson Circuit Court.
Other Legal Headlines from Around Kentucky
April 3, 2001 - Tuesday
Ky Ct Appeals - Late Responses to open records requests may subject agency to fines - 3 days to respond per statute!
Louisville Courier-Journal
Public agencies that miss deadlines to disclose information under the state's Open Records Law could be subject to fines.  The records law requires public agencies to respond to requests to inspect documents within three days.  "The duty to properly respond does not place an undue burden upon public servants," Judge David Barber wrote in the unanimous opinion.
Ky Ct Appeals - Nursing Homes could lose license if deny state inspectors access to facility
Louisville Courier-Journal
Other Legal Headlines
April 4, 2001 - Wednesday
Dishon Murder Suspect Gives Three Tales of His Whereabouts on Day of Murder
Louisville Courier-Journal
  • He overslept; 
  • He was home with his wife ''trying to have another baby''; 
  • He saw Jessica and waved to her.
Second Indictment in Scam to Steal Computer Code
Louisville Courier-Journal
A second man has been charged in connection with a scheme to steal a secret computer source code from a Louisville high-tech company.   Bruce Zak of West Bloomfield, Mich., has been accused of conspiring  with Kurtis Kenneth Cullen to steal trade secrets from ZirMed.com.
Chicken Giant - Tyson - Up on Charges of Public Nuisance
Richmond Register
Other Law Headlines From Around Kentucky On-Line Papers
April 5, 2001 - Thursday
Child Molester Sentenced to 39 Years
Louisville Courier-Journal
William Dempsie, 26, pleaded guilty on February to 10 counts of sexual abuse, eight counts of sodomy and one count of possession of material portraying a sexual performance by a minor.  Although he told the court that he had ''started to lose these desires,'' he was sentenced to 39 years in prison yesterday after a prosecutor read a letter that Dempsie wrote outlining ways to entice children.
Men Accused of Trying to "buy" software code indicted by feds
Lexington Herald Leader
The federal government's first apparent case of alleged software piracy in Kentucky broadened Monday with the indictment of two men accused of trying to illegally buy the program from a company
Other Headlines
April 6, 2001 - FRIDAY
Second murder charge in Pike crash raises questions
Pikeville Appalachian News Express
A highway crash that killed a pregnant mother and her unborn daughter may revive the legal debate in Kentucky about when a fetus becomes a baby.  Legal definition of baby at issue in media, court.
Louisville Woman Sues  Clerks Office for Mishandling Warrant
Louisville Courier-Journal
The mother of a woman killed last September is suing Jefferson County and its Circuit Court clerk for allegedly failing to process an arrest warrant in time to prevent her daughter's death.  Christy Caldwell claims that on Sept. 19 -- the day her 25-year-old daughter, Rebecca Caldwell, was strangled -- a warrant for her killer's arrest had been sitting on a clerk's desk for seven days.  Suit filed in federal court.
Louisville Man Wins Suit Against City Water Co. - Gets Meter & Line
Louisville Courier-Journal
City held in contempt for not repairing line to Clifton man's property.  He said it was the city's responsibility; city denied; city lost.

Louisville Prosecutor Trevor Smith Quits After Arrest for Illegal Steroid Possession
Louisville Courier-Journal

Trevor Smith, an assistant commonwealth's attorney who last year applied for appointment to the District Court bench  and son of former U.S. Attorney Jack Smith, resigned after being  been charged with illegal possession of anabolic steroids -- allegedly found by detectives during a search of his home.
KSP Oxyfest Probe Results in 29 Guilty Pleas So Far
Louisville Courier-Journal
  • Federal authorities in Kentucky have obtained guilty pleas from 29 people for illegally buying and selling the prescription painkiller OxyContin.
  • They were among 52 federal defendants indicted earlier this year as a result of the Oxyfest investigation conducted by the FBI and Kentucky State Police.
  • OxyContin, a synthetic morphine, has been linked to 59 deaths in the region in the past 15 months.
Insurance Company Manager Pleads Guilty to Fraud in Fed Court
Louisville Courier-Journal
Federal investigation into alleged fraud by companies that buy life insurance policies from terminally ill people has resulted in an ndictment and conviction related to a Kentucky company involved in the business.
  • The indictment the manager encouraged people with AIDS and HIV to lie about their medical conditions on applications for life insurance and then submit the policies for purchase by an insurance  company that would pay as little as 10 percent of the face value.
Other Legal Headlines
April 9, 2001 - Monday
Louisville Woman Sues  Clerks Office for Mishandling Warrant for Her Daughter's Killer
Louisville Courier-Journal
The mother of a woman killed last September is suing Jefferson County and its Circuit Court clerk for allegedly failing to process an arrest warrant in time to prevent her daughter's death.  Christy Caldwell claims that on Sept. 19 -- the day her 25-year-old daughter, Rebecca Caldwell, was strangled -- a warrant for her killer's arrest had been sitting on a clerk's desk for seven days.  Suit filed in federal court.
Middle School Students Appear in Court on Shooting Plot Probe
Louisville Courier-Journal
Five Southern Middle School students charged with conspiring to carry out a shooting on campus appeared in juvenile court.  The students appeared before a juvenile judge during a confidential detention hearing. Each youth is charged with one count of conspiracy to commit murder.
Kenton County Prosecutor Winning More DUI Cases
Covington Kentucky Post
Kenton County Attorney Garry Edmondson, long criticized for having a DUI conviction rate that ranked as one of the state's worst, said his office's performance has improved dramatically this year.
Justice Is Overdue in Pike County
Pikeville Appalachian News Express
Six months after Kevin Adkins, 26, was shot to death in a remote Pike County field, police are still searching for clues, while his family feels  
justice is overdue.
Ky Ct Appeals - Revives Libel Suit
Louisville Courier-Journal
A defamation suit by Owensboro's fired finance director was ordered reinstated  by the Kentucky Court of Appeals.
  • The appeals court also:
    • Denied an appeal by a former Newport police officer fired in 1997 for provoking a fight with a prisoner, whom he then charged with terroristic threatening.
    • Ordered Franklin Circuit Court to hear a lawsuit by a mowing contractor who said the Transportation Cabinet breached two contracts for cutting grass in roadside rights of way.
Other Legal Headlines from Around Kentucky
April 10, 2001 - Tuesday
Hardin Child Endangerment Trial Continued Again
Elizabethtown News Enterprise
A hearing to determine whether felony charges will be pursued against a woman who left her young sons home alone Christmas morning has been continued to May 11.  It is the third time the preliminary hearing has been passed to a later date since Angela Danner, 19, was arrested and charged with endangering her sons, who were 5 years old and 9 months old at the time.
Informant Pointed Probe to Louisville Prosecutor's Drugs
Louisville Courier-Journal
Police began investigating allegations against an assistant commonwealth's attorney charged with illegal possession of anabolic steroids after talking to an informant, according to documents filed with the Jefferson Circuit Court clerk's office.  Trevor A. Smith, 30, was cited by police and charged with one count of second-degree possession of a controlled substance, a misdemeanor, after police allegedly found steroids during a search of his Tyler Park Drive home.
Start-Up Provides Electronic Court Filing (GigaLaw.com)
     An online start-up will launch a test version of an electronic court
filing system that it hopes will eliminate the rush to the courthouse to
file documents. Alameda, Calif.-based @Court is betting that its
electronic-filing service will let legal professionals deliver secure
documents within minutes, instead of days.
     Read the article: CNET News.com @
http://news.cnet.com/news/0-1005-200-5531214.html?tag=mn_hd
     Further reading on GigaLaw.com: The Pros and Cons of "Cybercourts" @ http://www.gigalaw.com/articles/2001/isenberg-2001-04-p1.html
Other Legal Headlines
April 11, 2001 - Wednesday
Ky Court of Appeals (2 Ky.Npo 5)
  • Attorney General's investigatory files are not exempt from disclosure under open records statute. Page 36.
  • Acquital does not mean malicious prosecution in murder case where suspect admitted putting his wife's bloody body in tarp and dumping it in an alley. Page 45.
Judge Wine Tolerates No "Whining" by Absent Jurors
Louisville Courier-Journal
Jefferson Circuit Court Chief Judge Wine cracks down on jurors who fail to show up for jury duty.
Kentucky Maintains a State Ballistics Database
Louisville Courier-Journal
A federal program, some computer hardware and old-fashioned legwork may make the task of matching firearm evidence to criminals easier in the future in Kentucky.
UK Sees Red When Disabled Fan Sues Over Discrimination
Lexington Herald Leader
A University of Kentucky football fan has sued the school claiming it unfairly segregates disabled people and forces them to sit in an area where they often can't see the action at Commonwealth Stadium.
Other Law Headlines From Around Kentucky On-Line Papers
April 12, 2001 - Thursday
DOJ Investigating Louisville-Jefferson Merger
Louisville Courier-Journal
U.S. Justice Department is investigating whether the pending merger of Louisville and Jefferson County governments violates the Voting Rights Act by diluting African-American representation.
The Rudolph Family Has Another Fatal Tragedy
Louisville Courier-Journal
A Jefferson County grand jury indicted DeShawn R. Rudolph yesterday and charged him with two counts of murder, one of whom was his younger brother.  Rudolph's older brother, Desmond Rudolph, died in a high-profile shooting by Louisville police almost two years ago.
Murder and Tampering Charged in Dead Newborn found in Dorm 
Murray Ledger
Thomas Glover, public defender for Angelita Turner, said he hopes to turn to Judge Dennis Foust and the Calloway County Circuit Court for a reduction in Turner’s $50,000 bond after terse exchanges Tuesday with district court officials.  Turner is charged with murder and tampering with physical evidence after a dead newborn was found in her Murray State University private dorm room March 27 by the Kentucky State Police.
National Public Radio Doing Story on Daviess County Hanging
Owensboro Messenger-Inquirer
A National Public Radio special correspondent and producer spent Monday and Tuesday at the Daviess County Public Library interviewing six Owensboro residents who witnessed the last public hanging in America. NPR will air a program about that historic event sometime before May 16.
Other Headlines
April 13, 2001 - FRIDAY
Two Hardin County Lawyers Sue Each Other Over Client Who Switched Attorneys
Elizabethtown News-Enterprise
Two Hardin County attorneys have sued each other over a client who switched services.  Radcliff attorney H.D. Callicotte has sued Elizabethtown attorney John W. Bland Jr. regarding a client who switched her services from Callicotte to Bland, and Bland has in turn sued Callicotte for libel and slander.

According to pleadings filed in court, Callicotte alleges Bland violated a legal agreement Callicotte had with Brenda Morris of Vine Grove. Callicotte was Morris' attorney from August to October 1999 following the death of her 16-year-old daughter, Brianna.

Bland has filed a counter-claim against Callicotte alleging  Callicotte libel and slander.

Callicotte was representing Morris under a contingency fee agreement for the wrongful death claim of her daughter.   According to records Callicotte submitted to the court, he had $5,883.90 in expenses and spent 303.25 hours working on the case from Aug. 16 to Oct. 26, 1999.

According to a claim filed by Callicotte in court earlier this month, Bland knew of the contingency fee agreement and intentionally breached it for his own financial benefit by becoming Morris' attorney in the case. Callicotte is seeking compensatory damages, lost attorney fees, and punitive damages.

Bland said Callicotte's claim is false and that Morris and her family approached him about representing them.

Knox County Conviction for Jail Attack with Mop Wringer
Barbourville - Mountain Advocate
 A 29-year-old Owenton man accused of beating a fellow inmate with an industrial mop wringer while he slept pleaded guilty to amended charges in Knox circuit court recently
Knox County Woman Accused of Corpse Abuse by Step-Daughter
Barbourville - Mountain Advocate
A 59-year-old woman who flung the ashes of her dead husband on his mother's grave was arrested and charged in Knox county with abuse of a corpse.  Knox County Constable Perry Partin arrested Selma Francis Terrell early Saturday morning after a family member swore out an arrest warrant last week, charging Terrell with misdemeanor abuse of a corpse.  According to the warrant, Terrell committed the offense by "intentionally treating a corpse in a way that would outrage ordinary family sensibilities. The defendant dumped the ashes of William M. Terrell in a malicious act."
Other Legal Headlines
April 16, 2001 - Monday
TAX DAY 2001 - Here are some tax sites you may need at the last minute
Northern Kentucky Lawmaker Proposing Change to Allow Parents to Give Up Newborns
Louisville Courier-Journal
A state representative from Northern Kentucky, Rep. Jim Callahan, D-Wilder, has proposed a program, that would allow parents to anonymously turn over newborn babies without facing prosecution for abandonmentwhich is based on one in Hamilton County, Ohio, which includes Cincinnati. 
Convicted Killer Kim Harris to Be Sentenced
Louisville Courier-Journal
Henry's Lawyer Says Innocent Mistakes in Billing
Louisville Courier-Journal
Lt. Gov. Steve Henry made "innocent mistakes" billing Medicare for his work as an orthopedic surgeon but didn't try to cheat taxpayers, Henry's attorney Jack Smith says.
Other Legal Headlines from Around Kentucky
April 17, 2001 - Tuesday
Sorry.  No on-line news today.  I'm in trial.  Mike.
April 18, 2001 - Wednesday
Sorry.  No on-line news today.  I'm in trial.  Mike.
April 19, 2001 - Thursday
Sorry.  Cable modem (@Home) problems. Hope to be back Friday.
April 20, 2001 - FRIDAY
Jefferson - Judge Tom McDonald Hears Argument on Police Review Board's Constitutionality
Louisville Courier-Journal
Circuit Court Judge McDonald will rule as ''expeditiously'' as possible after hearing arguments on the constitutionality of an ordinance that creates a civilian review board to investigate complaints against Louisville police officers. The Board of Aldermen overrode Mayor Armstrong's veto and passed the ordinance whereupon a lawsuit filed by the Fraternal Order of Police questioned the civilian review board's subpoena power.
Jefferson - Kim Harris Gets Life in Prison for Nursing Home Killings
Louisville Courier-Journal
Harris was sentenced to life in prison with no chance of parole for at least 25 years on each of two counts of murder. She has already served 4 years pending trial.
Local Woman Shot By Bean Bags in Cincinnati riots
Louisville Courier-Journal
Oldham - Judge Fritz Stepping Down From Bench
Louisville Courier-Journal
Federal Judge Rules NO Discrimination in Firing of Pregnant Hospital Worker
Lexington Herald-Leader
U.S. District Judge Karl S. Forester has ruled in favor of St. Joseph Hospital in a lawsuit that had accused the hospital of pregnancy discrimination. Lisa Jo Miles, who was hired as a secretary in January 1999 and then terminated 21/2 months later, alleged she was fired when the hospital discovered she was pregnant.
Other Legal Headlines
April 23, 2001 - Monday
THE GOOD - Lawyer Seeks God
Louisville Lawyer Ted Goebel Leaves Law to Lead Church
Louisville Courier-Journal
Goebel, 41, of Georgetown, Ind., is leaving a 17-year law career to enter the ministry. He was partner in the firm of Wyatt, Tarrant & Combs in Louisville, and says he knows what he is giving up and that he is choosing a better life.  ''The difference is making a living versus having a ministry for the creator of the universe,'' he said.  He has set up the move well - paying off bills and adjusting to an income 1/4 of what he is making now.  
THE BAD  - Ky Court of Appeals Decision in evidence tampering
Louisville Lawyer Connie Runner Not Out of Trouble Yet 

Louisville Courier-Journal
The Court of Appeals has ruled no double jeapordy, which paves the way for the prosecution of a  Louisville lawyer for evidence tampering after she had previously been acquitted of charges she was involved in bribing a police officer to fix a drunk-driving charge.

Connie Runner represented the son of a Transportation Cabinet official who had been charged with drunken driving. The allegations were that Runner, Motor Vehicle Enforcement official Harry Hupp and others conspired to pay the arresting officer $100 not to appear in Jefferson District Court so the charge against Kevin Hupp would be reduced.

A Jefferson Circuit Court jury acquitted all the defendants.

Note the prosecutions chief witness in that case that West Buechel police Officer John Rucker was indicted by a Jefferson County grand jury yesterday on charges that he lied under oath while testifying before a separate grand jury in 1992, when he was a Jeffersontown police officer. Click here for that story in the Courier-Journal on line edition/

THE UGLY - BANK TELLER MURDER SUSPECT PLEADS GUILTY
Pennington Enters Guilty Plea 
Louisville Courier-Journal
Without knowing whether he will face the death penalty, Tiffany Dominique Pennington pleaded guilty in the fatal shooting of a bank teller during a robbery two months ago.  In a surprise move, Pennington, 27, entered his plea during a hearing before U.S. District Judge Thomas B. Russell.
THE OBTUSE TOO
Gov't Lawyer Accused of Acting as Liquor Control Officer
Louisville Courier-Journal
A Jefferson Circuit Court staff attorney was indicted by a Jefferson County grand jury on charges that she impersonated an Alcoholic Beverage Control officer.  Melissa Haggard, 28, is charged with three counts of impersonating a peace officer. Each count is a class D felony, punishable if convicted by one to five years in prison.
Other Legal Headlines from Around Kentucky
April 23, 2001 - Tuesday
Louisville Man Freed By DNA Evidence Calls For Justice Changes
Owensboro Messenger-Inquirer
A Louisville man convicted of rape and attempted rape but later cleared after DNA evidence proved his innocence said he believes today's court system is inadequate.  William Gregory, 53, was in the eighth year of a 70-year prison sentence for acts committed against two women before his release in July 2000.
Felons Across Country Receiving Illegal Federal Benefits
Lexington Herald Leader
Felons and fugitives are receiving tens of millions of dollars annually in illegal federal benefits, largely because program administrators are not checking law enforcement records, government investigations show. Medicare, for example, paid more than $25,000 for health services to an inmate convicted of killing his mother and more than $97,000 to a facility that treated nine inmates whose crimes included arson, attempted assault, breaking and entering, and burglary.
Boone County Justice Center Breaks Ground in Burlington
Covington Kentucky Post
Boone County will break ground on a $14.8 million justice center across the street from the old courthouse in Burlington.  The four-story, state-of-the-art facility on Burlington Pike will house seven courtrooms, pre-trial services, a law library and clerks' offices. The structure will be about a mile from a recently purchased 60-acre piece of land where the county will build a new jail, fire training center and a public safety building. Officials hope to have the new justice center complete by August 2002.
Suit Settled Over Overcharge of Garnishment Fees in Warren Cnty
Bowling Green Dailey News
A civil suit that alleges the Warren County sheriff’s department was overcharging attorneys for a legal delivery fee was mutually resolved last week and the case dismissed. Louisville attorney Franklin S. Yudkin was issued an apology and a refund, which also will be available for the 22 other attorneys who were overcharged by $10 during the past year, Caudill said.
4 HOT SITES IN 5 SECONDS 
  1. http://lawbook.com
    Law Book Network at lawbook.com offers an online system for buying, selling and trading law publications electronically via the World Wide Web.  
  2. http://infirmation.com
    This site is presented by FindLaw, and offers a wide range of jobs in the legal profession. 
  3. http://slashdot.org
    This site bills itself as "News for Nerds. Stuff that Matters", and contains a variety of information on technology and science.  Hot topics are discussed, such as privacy issues on the Internet, court decisions in regard to technology, and technology summits and trade shows taking place.
  4. http://www.ameristat.org
    With the results of the 2000 Census being released, AmeriStat is an interesting and informative site that gives you instant demographical and statistical summaries from the census. 
Other On-Line Legal Headlines from around the state
April 24, 2001 - Wednesday
Mediation May Be Ordered In Adrian Reynolds Murder Case
Louisville Courier-Journal
Jefferson Circuit Court Judge Ann O'Malley Shake is considering ordering mediation in the retrial of a former Jefferson County corrections officer accused of killing an inmate three years ago.
Lawyer Sam Manly Jailed For Contempt for Vulgar Remark
Louisville Courier-Journal
Louisville attorney Sam Manly spent the night in jail after he was held in contempt for  making a vulgar remark in Jefferson Family Court.  Manly referred  to his testicles in response to Assistant County Attorney Patricia Van Houten's request that he turn over documents in a child-support case, according to court documents.  Judge Judge Hugh Smith Haynie gave him option of fine and apology, but Manly declined.
Henry's Records Must Be Produced Under Open Records Statute
Louisville Courier-Journal
Kentucky Atty General rules that payment records and subpoenas related to an investigation of Lt. Gov. Steve Henry were withheld from reporters in violation of the Kentucky Open Records Act.
Ragland Read His Rights - Statements Admissible in his Trial
Louisville Courier-Journal
Fayette Circuit Judge Thomas Clark has ruled that police properly read murder suspect Shane Ragland his rights when he was arrested in July and that most of Ragland's statements to police can be used at his trial.
Court TV Seeks to Televise Grayson Murder Trial of Race Driver
Ashland Dailey Independent
The man accused of shooting race car driver Jack Boggs to death more than a year ago is scheduled to go on trial for murder in Grayson.  The nationwide cable network Court TV which specializes in live trial coverage, has asked Carter Circuit Judge Samuel Long for permission to station a camera crew in the courtroom for the trial
Other On-Line Legal Headlines from around the state
April 26, 2001 - Thursday

U.S. Attorney Steven Reed Resigning to Become Partner at Louisville Law Firm - Wyatt, Tarrant & Combs                        

Georgetown's 'Tent Girl' Death Case Incentive for others
Georgetown News Graphic
For almost 30 years, no one knew the identity of the girl found wrapped in a tarp off Interstate 75 in Scott County.
Now, law enforcement officials across the country know of the Tent Girl, and have used the case as inspiration in solving their own John and Jane Doe cases.
Legal Research for the Rest of Us 
Law Office Technology Review
Lexis and Westlaw may have more primary sources and better search tools, but they cost a pretty penny. These days, solo and small firm lawyers on tight budgets don't have to pay through the nose for research. There are alternatives. Barry Bayer takes the pulse of a revived Loislaw and discovers two new legal research sites of interest to any lawyer, no matter the size of their firm or budget.
Columbine Families Sue Video Game Industry Players
     AOL Time Warner, Nintendo of America, and Sony Computer Entertainment are among 25 companies that face a lawsuit filed by the families of the victims of the Columbine massacre. Some of the families of those killed in the Columbine High School shootings are seeking $5 billion in punitive damages against the manufacturers and distributors of video technology.
     Read the article: ZDNet News @
http://www.zdnet.com/zdnn/stories/news/0,4586,5081690,00.html
Atwater v. City of Lago Vista, No. 99-1408 (April 24, 2001)
    Subjects: CRIMINAL LAW -- ARREST -- SEARCHES AND SEIZURES

    The Fourth Amendment does not forbid a warrantless arrest for
    a minor criminal offense, such as a misdemeanor seatbelt
    violation punishable only by a fine.

    Link: http://www.usscplus.com/current/cases/PDF/9910038.pdf
Other On-Line Legal Headlines from around the state
April 27, 2001 - FRIDAY
Trenaman Denies Judicial Misconduct
Louisville Courier-Journal
A former Jefferson Family Court judge defended himself against allegations of misconduct, denying that he ruled in favor of one side in a divorce case in retaliation against the other side for supporting his opponent in the 1999 general election.
Politics As Usual - Dem. US Attorney Reed Resigns 
Louisville Courier-Journal
Kentucky's first black U.S. attorney is resigning his position to become a partner in a Louisville law firm. Steven S. Reed, appointed by President Clinton in November 1999, will become partner at Wyatt, Tarrant & Combs, a firm with offices in Kentucky, Tennessee and Indiana. Reed's resignation will be effective June 15.
Critical Witness' Unavailability Delays Bullitt Murder Trial
Louisville Courier-Journal
The trial of a man accused in the fatal stabbing of his pregnant girlfriend in November 1999 has been postponed to Oct. 4 because a witness for the defense was unavailable.
Trial - Accused Killer of Race Car Driver Claims Defending Family
Ashland Dailey Independent
Murder defendant Charles Dailey testified in court this morning that he killed race car driver Murial ``Jack" Boggs to protect his wife and daughter, whom Boggs had allegedly threatened to kill.
Northern Kentucky Boy Hurt in JackAss MTV-like stunt
Lexington Herald Leader
A Kenton County teen injured while performing a stunt could face criminal charges according to County Attorney Garry L. Edmondson.  The 16-year-old, whom officials are not identifying because of his age, suffered a broken leg and other injuries Monday when he was struck by a car he was trying to jump over in a stunt police say was inspired by MTV's hit show Jackass.
Other Legal Headlines
April 30, 2001 - Monday
Louisville Lawyer Zopp Lost at Sea While Scuba Driving
Louisville Courier-Journal
After scuba diving near the Galapagos Islands on the morning of March 30, Ron Winiker helped his friend, longtime Louisville attorney E. Frederick Zopp, out of his wet suit.  Winiker said Zopp -- former senior vice president and general counsel at PNC Bank and Kentucky's honorary consul for Germany -- was in good spirits; they were talking and joking around.  After going out for a second dive along with several others, Zopp, 69, failed to return to the surface. And despite hours of searching, he has not been found.
Louisville - Judge Sentences Man to Death 
Louisville Courier-Journal
Roger L. Wheeler, who was convicted last month of killing a pregnant woman and her boyfriend, became the third Jefferson County defendant in three years to be sentenced to death.  Circuit Court Judge Lisabeth Abramson did the sentencing.
Louisville Lawyers James and Scalf Disciplined by Ky Sup Ct.
Louisville Courier-Journal
The Supreme Court disciplined two lawyers with histories of misconduct.
  • The court suspended Michael L. James of Louisville for six months. It is his fourth suspension from practicing law since September 1998.
  • The court permanently disbarred William M. Scalf of Louisville. Scalf had resigned from practicing law last February because of a previous disciplinary case. The permanent disbarment is for six complaints in which clients lost $16,000 and the Kentucky Bar Association's finding him guilty of 20 violations.
Stites & Harbison Told to Give Up Some of the Bankruptcy Cases involving ex-Gov Wilkinson
Lexington Herald Leader
Stites & Harbison got half a loaf  from U.S. Bankruptcy Judge William S. Howard who ruled the firm couldn't represent both the creditors' committee in the bankruptcy of former Gov. Wallace G. Wilkinson and four individual creditors in the bankruptcy of the company Wilkinson founded, Wallace's Bookstores Inc.