Kentucky Law Review

CLE: 2009 Kentucky Law Update Schedule Released by KBA

2009 Dates KENTUCKY LAW UPDATE
Dates and Locations

Please select the location you would like to attend and you will be directed
to the driving directions for that program.

September 2-3   Covington
(W/TH)    Northern Kentucky Convention Center

September 10-11  Lexington
(TH/F)    Lexington Convention Center

September 22-23  London
(T/W)     London Community Center

October 1-2   Owensboro
(TH/F)    RiverPark Center

October 6-7   Ashland
(T/W)     Ashland Plaza Hotel

October 20-21   Prestonsburg
(T/W)     Jenny Wiley State Resort Park

October 29-30   Paducah (Gilbertsville)
(TH/F)    Kentucky Dam Village State Resort Park

November 5-6   Bowling Green
(Th/F)    Holiday Inn & Sloan Convention Center

December 3-4   Louisville
(TH/F)   KY International Convention Center

SCOKY: "Supreme Court upholds convictions of three death row inmates"

Supreme Court upholds convictions of three death row inmates

The Kentucky Supreme Court yesterday upheld the convictions of three death row inmates, including the state's only woman facing execution. Caudill and Goforth were convicted of killing 73-year- old Lonetta White of Lexington in 1998 by bludgeoning her with a hammer. White's body was then put in the trunk of her car, which was set on fire. FROM COURIER JOURNAL.

Lou Criminal News: " Karen Sypher charged with extortion of Rick Pitino"

The Courier Journal has just posted a story regarding criminal charges filed against Karen Sypher.  Here's the headline and link with an extract:

Karen Sypher charged with extortion of Rick Pitino

The Courier-Journal • April 24, 2009

Six days after the disclosure that University of Louisville men’s basketball coach Rick Pitino was the target of an extortion attempt, a Louisville woman was charged today with extortion and lying to the FBI.

According to a criminal complaint filed in U.S District Court, Karen Sypher, with the help of unnamed others, tried to extort money from Pitino with threats to harm his reputation in connection with events that occurred in 2003. * * * [CLICK ON HEADLINE FOR REMAINDER OF STORY]

Legal Aid Society's Brush, Bottle, and Barrel of the Bluegrass - Friday, April 24 at 5:30 - 8:30 p.m.

Fifteen select artists who participate in the Cherokee Triangle Art Fair will be on hand to display and sell their art in advance of the Fair. The event also features tasting of Kentucky wines, bourbons and beers, food from local producers, and a silent auction. More>

Chief Justice Roberts Speaks at UofL

Chief Justice Roberts stops in Louisville to speak at the McConnell Center.  I could NOT find the video of it on line, but should someone know where the link is, then please email it to me. 

Chief Justice John Roberts speaks at U of L from CJ

U.S. Supreme Court Justice John Roberts was mildly critical of the U.S. Senate yesterday, saying during a discussion at the University of Louisville's McConnell Center that he wishes its members would not doggedly pursue Supreme Court nominees about their positions on hot-button issues

Chief Justice John Roberts Speaks At U of L

Gabe Bullard's story at 89.3 FM

KBA: Scott Turow to speak at KBA Convention

ATTORNEY AND FAMED AUTHOR SCOTT TUROW TO BE FEATURED AT KENTUCKY BAR ASSOCATION’S ANNUAL CONVENTION, JUNE 10-12

FRANKFORT, Ky. -- The Kentucky Bar Association’s Annual Convention, June 10-12, at the Northern Kentucky Convention Center in Covington will feature attorney and best-selling author Scott Turow, attorney and former ABC World News Correspondent Tim O’Brien, and “Thomas Jefferson” as presented by acclaimed living history performer Patrick Lee of Ashland, Mo.

Turow, whose novel Presumed Innocent was made into a hit movie starring Harrison Ford, will discuss what happens when the roundness of life does not fit the square peg of the law, a subject that is addressed by each of his seven best-selling novels. He will also participate in a discussion on fiction and non-fiction writing entitled “So, You Want to Be the Next Scott Turow?”  Turow’s sequel to Presumed Innocent is set to be released in July.

O’Brien -- a recognized expert on the U.S. Supreme Court, its Justices and the development of a generation of constitutional law -- will reflect on the many historic cases he covered in his 22 years as a television correspondent and President Obama's potential impact on the Court.

In the character of President Jefferson, Lee will address subjects pertinent to the law, but from an 18^th and 19^th century perspective. Jefferson will discuss his early legal education, his work as a lawyer, statute reviser and bill drafter, and his views on the federal court system and certain landmark decisions. 

In all, the KBA Annual Convention will feature 59 programs available for CLE credit. Attorneys in Indiana and Ohio have also been invited to attend this year’s event at in-state prices. More details on the convention, including information on registration, CLE programs, receptions and social activities, are available on-line at www.kybar.org or by calling the KBA Headquarters in Frankfort at (502) 564-3795.

Jefferson County Courts: Suit filed by Judge Montano's estate for medical negligence against doctors and hospital

The family of Judge Kathleen Voor Montano has sued treating doctors and the hospital claiming negligent treatment caused her death at the hospital.

Here is a link to the Courier Journal story of Apr 15 by Jason Riley.

Family files suit over judge's death

The family of Kathleen Voor Montano has filed a wrongful-death lawsuit against Baptist Hospital East, Louisville Pulmonary Care and two doctors, claiming they were negligent in their treatment of Montano.

Montano, a Jefferson Circuit Court judge, died of complications of pneumonia April 21, 2008, at age 46.

The suit, filed Monday in Jefferson Circuit Court, alleges that Baptist, Louisville Pulmonary Care, Dr. Kenneth Anderson and Dr. Joel Horowitz were grossly negligent, reckless and wanton in their treatment of Montano, who sought care April 13, 2008.

* * *
Sarah Jane Dufour, an associate for attorney Larry Franklin, who represents the Montano family, said she couldn't offer specifics on the case, but noted that several medical experts reviewed Montano's medical records and found problems with the judge's treatment.

* * *

News: Louisville Forum on Officer Absent and Cases Dismissed

Here is a short link to the forum story following the Officer Absent, Case Dismissed series by the Courier Journal at the Louisville Forum.  I looked for the video on line to no avail.  Should you know, then email me the link.

For what it is worth, I think the police are unnecessarily taking the brunt of the heat for a problem that has existed for years with its dysfunction becoming the norm and accepted practice.  Electronic warrants and monitoring attendance may make sure the officers know and the absences accounted for, but with a police force of limited size and a criminal docket growing almost by unlimited means, then the system of prosecuting, appearances, etc. needs to be examined also.  When cops are waiting in the courthouse halls waiting to be called (or not called) then they are not on the streets investigating and enforcing the laws.  Judges did not follow up on those failing comply with the subpoena, prosecutors wrote a few letters and did not push the issue further (eg., former county attorney and now circuit court Judge Irv Maze was in charge for most of the time period that came under the Courier's scrutiny), and defense attorneys playing dismissal lotto in the event of a no show.

And of course, all the concern seems to be on the criminal side of the house, but there are those in the civil side with cases that need the police to show in which the subpoena process often requires private bailiffs to track down the police officer to serve the warrant that he or she does not want to receive.  People can be victims and be hurt in ways beyond the criminal laws - eg., car accidents and other injuries.

Police to make court more, forum is told

Charges being dismissed because police aren't present for court hearings, an outdated paper subpoena system and a lack of monitoring case dispositions have been longtime problems in Jefferson County, Mike O'Connell, the county attorney, said during a Louisville Forum panel discussion  * * * *

News: The Pitino Postings and the Cry of Extortion

For such a potentially hot topic, the blogosphere is not nearly as red, or read, as one might imagine. 

In the meantime, here are some links to stories on this developing legal matter:

• Pitino extortion claims causing buzz in Louisville Kentucky.com AP Story
• More details emerge in Pitino extortion case Courier Journal
• Husband of accuser defends Pitino Courier Journal
• The Unofficial Rick Pitino Extortion Rumors List
  Bleacher Report - ‎Apr 19, 2009‎
• Libel, or the Relevance of the RIck Pitino Soap Opera
  Bleacher Report - ‎Apr 20, 2009

AOC: And another groundbreaking event for a courthouse and a price tag of $18.9 million. Cha-ching.

Even in the face of concerns over the budget, courthouse construction, bonding of the construction companies, and family hiring, the courthouses keep on coming.  Here is an AOC press release on breaking ground in Whitley County:

Whitley County to break ground for $18.9 million judicial center April 24

FRANKFORT, Ky. -- The public is invited to a groundbreaking ceremony for the planned Whitley County Judicial Center on Friday, April 24, at noon EDT. The event will take place at the Merry Jeffries Community Center at 299 S. Second St. in Williamsburg. The judicial center will be constructed at 100 Main St. in Williamsburg.