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   State Courts - Kentucky - May 24, 2007

  
Banas v. Ky. Bar Ass'n, 2007-SC-000148-KB, SUPREME COURT OF KENTUCKY, May 24, 2007, Entered
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Clark v. Commonwealth, 2005-SC-000177-DG, SUPREME COURT OF KENTUCKY, May 24, 2007, Rendered
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Overview: Since there were more differences in defendant's conduct toward two victims and a prior victim of sexual abuse, such as not all three accused him of orally abusing them and the abuse occurred in very different locations, a trial court committed reversible error in admitting evidence of the prior sexual abuse, in violation of Ky. R. Evid. 404(b).

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Commonwealth v. Blakely, 2006-SC-000313-CL, SUPREME COURT OF KENTUCKY, May 24, 2007, Rendered
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Overview: On a request to certify the law, the Supreme Court of Kentucky found that the 2005 amendments to Ky. Rev. Stat. Ann. ch. 304 did not attach criminal liability upon a non-owner operator of an uninsured motor vehicle where the General Assembly failed to add the words "or operator" even though it was aware of judicial precedent regarding that defect.

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Crum v. Commonwealth, 2005-SC-000395-DG, SUPREME COURT OF KENTUCKY, May 24, 2007, Rendered
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Overview: Appellant's drug convictions were reversed where the affidavit on which a search warrant relied failed to name the thing to be seized and as a result, the officer's reliance on the search warrant did not fit within the good faith exception. Thus, the trial court erred in denying appellant's motion to suppress the seized evidence.

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Hensley v. Ky. Bar Ass'n, 2007-SC-000149-KB, SUPREME COURT OF KENTUCKY, May 24, 2007, Entered
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Overview: Because a state bar association delayed prosecution of an attorney's disciplinary hearing, the attorney would not receive a full and fair hearing; thus, the court reconsidered the parties' negotiated sanctions and accepted them for the attorney's violation of Ky. Sup. Ct. R. 3.130-1.8(a); 1.7(a), (b); and 8.3(c); 1.3, 1.4(a), (b).

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Ky. Bar Ass'n v. Conway, 2007-SC-000087-KB, SUPREME COURT OF KENTUCKY, May 24, 2007, Entered
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Overview: The Kentucky Bar Association's motion for an order confirming an automatic suspension pursuant to Ky. Sup. Ct. R. 3.166 was granted where the attorney had pled guilty to conspiring to engage and attempt to engage in monetary transactions in criminally derived property that was of value greater that $10,000, in violation of 18 U.S.C.S. § 1956(h).

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Ky. Bar Ass'n v. Rorrer, 2006-SC-000603-KB, SUPREME COURT OF KENTUCKY, May 24, 2007, Entered
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Overview: Attorney was disbarred, as the attorney was convicted of conspiracy to commit the crime of money laundering in federal court, which violated Ky. Sup. Ct. R. 3.130(8.3)(b), as the conviction reflected adversely on his honesty, trustworthiness, or fitness as a lawyer, and disbarment was not a disproportionate sanction.

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Webb v. Sharp, NO. 2005-SC-000271-DG, SUPREME COURT OF KENTUCKY, May 24, 2007, Rendered
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Overview: In disciplinary hearings, due process required prison officials to lay a foundation and prove the reliability of field drug tests, but evidence of the officials' observations of the alleged drugs and the inmates' attempts to hide or destroy the drugs met the "some evidence" standard to support the loss of good time credit and other punishment.

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