Friday, June 28, 2013

New DPA Manuals Available in pdf and ebook versions

The Evidence Manual, first conceived by Ed Monahan and David Neihaus in 1992, is published in the 7th Edition after thorough revision and updating by Susan Balliett and Euva May. The evidence manual includes the text of every Kentucky rule of evidence accompanied by relevant discussion points and caselaw.
The brand new Collateral Consequences Manual was compiled by Glenn McClister and four law school interns in February and March of this year. The manual is accompanied by a Collateral Consequences Field Office Brochure which can be given to clients and which covers some of the basic questions to ask clients regarding possible collateral consequences. The manual is divided into twelve main sections with an appendix covering licensing issues for specific occupations. The second half of this manual is a chart of immigration consequences covering all criminal charges through DUI (189A) all the way through the penal code (KRS 500 through 534). The chart lists the possible consequences of a guilty plea to each offense listed and suggests alternative pleas which might avoid an immigration consequence. This material was created by Public Defender Corps Fellow Kate Benward with the help of Dan Kesselbrenner, Executive Director, National Immigration Project.

Kentucky Pretrial Release Manual -  In addition to providing valuable general information, this manual contains form motions, briefs and writs relating to bail issues at all levels, including bail hearings, district court habeas proceedings and circuit court appeals, and is an excellent practice guide for pretrial release advocates.

The new Juvenile Advocacy Manual serves as an overview of the most relevant law in the various areas of juvenile practice and procedure. This is a publication mainly aimed at defense attorneys, however the law is stated as it stands not necessarily as one would like it to be. This manual is organized alphabetically by topic area with the attempt to cross reference to other helpful sections. The manual also contains a section on collateral consequences specific to juvenile law.

eBooks versions now available! Many of our manuals are now available in eBook form (.epub). Download to your smartphone, pad, or computer.

Wednesday, June 26, 2013

KYSC - West - Instructions, Prior Acts, Reverse Batson

 Christopher West v. Commonwealth, 2011-SC-000629-MR (6/20/13)

The Court held Mr. West was entitled to a lesser included jury instruction on second degree fleeing and evading. Mr. West denied making the threats of domestic violence which elevated the offense to first degree fleeing and evading. Also the alleged threats of domestic violence occurred an hour prior to Mr. West fleeing the police, thus jurors may have believed it was too remote to find he fled “immediately” from an act of domestic violence. The Court also held prior acts of violence against other victims were inadmissible, and the Commonwealth’s reverse Batson motion was improperly granted.   

Erin Yang represented Mr. West on appeal.  At trial Mr. West was pro se, assisted by Josephine Buckner as stand-by counsel.  

Contributed by Jason Apollo Hart 

Monday, June 24, 2013

KYSC - Kerr - HB 463 application

Berry Kerr v. Commonwealth- 11-SC-247-MR (6/20/13) (to be published).  Mr. Kerr was convicted of numerous drug crimes, which were enhanced by virtue of being both second or subsequent convictions and first-degree PFO, and he was sentenced to 50 years imprisonment.  The Supreme Court reversed and remanded for a new trial, and on remand he will be able to take advantage of the remedial measures enacted in HB 463.  

Held- Jury should not have been told about an anonymous tip that Mr. Kerr was selling drugs out of a motel room.  This was pure hearsay.  Admission of this was not harmless, particularly in light of the fact that the Commonwealth Attorney harped on this in closing arguments. 

Emily Rhorer of Appeals represented Mr. Kerr before the Kentucky Supreme Court.  Emily Reed of DPA Somerset represented Mr. Kerr at trial, and did a great job preserving this issue and other issues.  

Contributed by Jason Apollo Hart