A group of legislators including John Tilley, Denny Butler, Mik Denham, Joni Jenkins, Tom Burch and Dennis Keene, along with the Catholic Conference of Kentucky and Right on Crime have sent a letter to Kentucky Legislators urging them to work together to pass a bill this session to address heroin issues.
Read the complete letter.
Thursday, March 19, 2015
Monday, March 16, 2015
NKY judge accused of misconduct - Cincinnati.com
Charges filed by the Kentucky Judicial Conduct Commission stem from an August incident in open court.
The charges were filed in February but not made public until Wednesday, after Popovich's response was filed.
They stem from an incident in open court in August, when Popovich was locked in a tight re-election race with Assistant County Attorney Cameron J. Blau.
On Aug. 5, while hearing motions to suppress evidence in a traffic stop case, Popovich accused Blau of improperly assisting the defense attorney, the commission said. The incident was recorded on video.
"You stated in open court that your grounds for this accusation were based, in part, on ex-parte hearsay statements made to you by attorneys who were not involved in the case at social gatherings outside of court. When Defense Counsel denied receiving any improper assistance, you accused him of lying in front of his client," the commission wrote in its notice to Popovich.
Complete Article
Judicial Conduct Commission Docket Entries
Thursday, March 12, 2015
Federal lawsuit: KY. courts discriminate against addicts - Cincinnati.com
The 38-year-old Floyd nurse has filed a federal lawsuit in Pikeville in Eastern Kentucky, claiming that the Kentucky court system is violating the Americans with Disabilities Act by prohibiting her use of medicine such as methadone, Suboxone and Vivitrol.
"It keeps going on, and it's a huge mistake," said Watson's physician, Dr. Stephen Lamb, reached by phone Tuesday.
The complaint names the Kentucky Administrative Office of the Courts – claiming the court system's Monitored Conditional Release program has wrongfully interfered with the right of individuals to be treated by Kentucky physicians.
Complete Story
Complaint
Friday, March 6, 2015
COA Juvenile - D.B. - Incompetent Witness
D.B. v. Commonwealth, 2013-CA-000818 (unpublished):
The
Court of Appeals reversed a juvenile sex offense adjudication finding that the
juvenile court improperly admitted the child-complainant’s statements to the
Children’s Advocacy Center therapist. The Court held that under B.B.
v. Commonwealth, 226 S.W.3d 47 (Ky. 2007) the statements of an incompetent
witness are inadmissible. It was uncontested in this case that the complainant
(a toddler) was incompetent to testify. The juvenile court had admitted the
statements under the hearsay exception for statements made for purposes of
medical treatment.
Contributed by Renee VandenWallBake
COA Juvenile - A.G. - Valid Court Order
A.G. v. Commonwealth, 2014-CA-000935 (motion to publish
pending):
The Court of Appeals reversed an order committing juvenile to the
Cabinet for contempt of court finding that the court order was not a “valid
court order” under MAM and KRS 610.010(11) because it was issued
pre-adjudication. The underlying charge was habitual truancy.
Contributed by Renee VandenWallBake
Wednesday, March 4, 2015
KYSC - Goodman - Double Jeopardy TBUT/Robbery
Steven Cole Goodman v.Commonwealth, 2013-SC-000813, rendered February 19, 2015, TO BE PUBLISHED,
Affirmed in Part, Vacated in Part and Remanding
The Supreme Court vacated
Goodman’s convictions of Theft by Unlawful Taking as he was also convicted of
Robbery in relation to those victims and as theft is an element of Robbery, the
dual convictions violated the Double Jeopardy clause and the lesser offense
must fall. The Court did uphold the concomitant convictions of Robbery in
the First-degree and Assault in the First-degree, reasoning that each offense
contained an element that the other did not, in accord with Blockburger v.
United States. Mr. Goodman’s thirty year sentence stands as the
sentences assessed for the Theft convictions were to be served concurrent to
the Robbery convictions.
Contributed by Linda Horsman
Monday, March 2, 2015
KYSC - Martin - Unanimous Verdict
Joseph David Martin v. Commonwealth, Ky. Sup.
Ct., 2/19/15 Affirming in part, Reversing in part, Remanding - to be published
The Court remanded this case, and Mr. Martin’s
580 years sentence, to the Henry Circuit Court for a new trial for
numerous unpreserved unanimous verdict violations. The Court found that
both types of unanimity violations existed in this case; “one borne from
indistinguishable instructions” and the “second type of unanimous-verdict
violation, which arises when evidence adduced at trial presents the jury with
multiple acts by the defendant that may satisfy a single general-verdict
instruction.” The Court held “all unanimous-verdict violations
constitute palpable error resulting in manifest injustice.”
In addition there
was instructional error by the trial court for failing to instruct the jury on
the seventy (70) year statutory cap, however the issue was not reviewable
per Martin v. Commonwealth, 409 S.W.3d 340, 346 (Ky. 2013) (A
separate case from the instant case) because the issue was not preserved. The
Opinion however contained strong language regarding “the judge’s purposeful
disregard of the sentencing-cap statute.”
Jason Apollo Hart of the
Appeals Branch represented Mr. Martin on appeal.
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