Monday, February 27, 2006

Ky. Decisions: Court of Appeals (Published) - Feb. 17. 2006 LEON MANUFACTURING CO. V. WILSON KUBOTA, LLC CONTRACTS - Franchising Agreements 2004-CA-002256 PUBLISHED REVERSING AND REMANDING (TAYLOR) DATE: 2/17/2006 The CA overturned the Trial Court Judgment and found that under the law at the time of the contract there was no Franchise Agreement and thus the Defendant didn't have to repurchase snow blades. JACKSON V. COMMONWEALTH CRIMINAL - Fight evidence of guilt 2005-CA-000330 PUBLISHED AFFIRMING (BUCKINGHAM) DATE: 2/17/2006 TC did not err in admitting evidence of Jackson’s flight after he posted bond and was released from custody prior to trial. Conviction for possession of a handgun by a convicted felon and being a persistent felony offender in the first degree affirmed. CA concluded that the evidence of flight in this case was admissible pursuant to KRE 404(b)(1) to show "an expression of a sense of guilt." In Rodriguez v. Commonwealth, 107 S.W.3d 215 (Ky.2003), the Kentucky Supreme Court determined that the common-law rule regarding the admissibility of evidence of flight survived the adoption of the Kentucky Rules of Evidence (KRE) as a rule of relevancy. Id. at 219. The court explained that "evidence of flight is admissible because it has a tendency to make the existence of the defendant’s guilt more probable: a guilty person probably would act like a guilty person." TUCKER V. COMMONWEALTH CRIMINAL - Search and Seizure (Investigatory stops) 2004-CA-002421 AFFIRMING (BUCKINGHAM) PUBLISHED DATE: 2/17/2006 CA affirmed Tucker's convictions for Possession of a Handgun by a Convicted Felon and related offenses. The case arose when a citizen called police and reported that Tucker was drunk, threatening people with a gun, and driving around with a female companion in a Chevy Blazer. A dispatcher relayed this information to a sheriff who knew that Tucker was a convicted felon. The sheriff went to an apartment complex where Tucker was...
Fast Breaking Story: Judicial Complaint Filed on Special Justices in Merit System Case We just learned that Mark Nickolas with Blog has filed a complaint with the Kentucky Judicial Conduct Commission seeking disqualification of Governor Fletcher's appointments of Circuit Court Judge Jeffrey T. Burdette and Lexington Lawyer Ronald L. Green to serve as special justices to hear the merit system case before the Kentucky Supreme Court. Arguement has been scheduled for March 16, 2006. Chief Justice Lambert and Justice Roach have both voluntarily recused themselves from hearing this case. Here is the press release found at his blog and which also links you to a copy of the complaint filed with the Commission. We will reserve comment upon this later, but it does reflect a continuing trend in the visibility of our judicial system and issues pertaining to the judiciary's ability to be fair and impartial in a partisan political world of campaign contributions and campaign speech. FOR IMMEDIATE RELEASE February 26, 2006 Mark Nickolas Chairman, The Foundation for Kentucky's Future, Inc. Publisher, [email protected] ETHICS COMPLAINT FILED OVER GOVERNOR FLETCHER’S JUDICIAL APPOINTMENTS TO HEAR OWN APPEAL Judicial Conduct Commission Asked To Urgently Intervene And Disqualify Campaign Contributors As “Special Justices” Cites “Appearance of Impropriety” Under Code Of Judicial Conduct LEXINGTON, KY (Feb 26) – At exactly 8:25 PM this (Sunday) evening, Mark Nickolas (Chairman of The Foundation for Kentucky’s Future, and publisher of filed by fax a formal ethics complaint with the Kentucky Judicial Conduct Commission over Governor Fletcher’s appointment last Friday afternoon of two campaign contributors (Circuit Judge Jeffrey T. Burdette of Mount Vernon and attorney Ronald L. Green of Lexington) to sit on the Kentucky Supreme Court as special judges to hear just one case – Fletcher’s own last ditch appeal in the ongoing Merit System criminal investigation. These appointments became necessary after Chief Justice Joseph Lambert and...

Michael Stevens

Michael Stevens - Kentucky Personal Injury and Trial Lawyer.

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