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   State Courts - Kentucky - September 20, 2007

  
Commonwealth v. Coker, 2005-SC-000981-DG, SUPREME COURT OF KENTUCKY, September 20, 2007, Rendered
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Overview: As prosecutor's proffered reason for striking a potential juror--that he believed this African-American veniremember was aligning himself with defendant--was facially race-neutral, and defendant did not show that the reason was pretextual, trial court's denial of defendant's Batson challenge under Equal Protection Clause was not clearly erroneous.

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Gray v. Commonwealth, 2006-SC-000141-MR, SUPREME COURT OF KENTUCKY, September 20, 2007, Rendered
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Overview: Forfeiture of $ 1,527 found defendant pursuant to Ky. Rev. Stat. Ann. § 218A.410 was proper because the amount of money, coupled with quantity of drugs found in his van, led to reasonable conclusion that he had used or intended to use the currency in illegal drug transaction. Defendant failed to rebut presumption that money should be forfeited.

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Justice v. Ky. Bar Ass'n, 2007-SC-000204-KB, SUPREME COURT OF KENTUCKY, September 20, 2007, Entered
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Overview: Lawyer was suspended from the practice of law for a period of 60 days for a violation of, inter alia, Ky. Sup. Ct. R. 3.130-1.1 because he was retained by a client to appeal an unemployment insurance decision, but failed to file a timely appeal, failed to file a timely brief, and failed to appeal the matter to the circuit court.

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Ky. Bar Ass'n v. Hammond, 2006-SC-000845-KB, SUPREME COURT OF KENTUCKY, September 20, 2007, Entered
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Overview: Lawyer was suspended for 61 days for misconduct in violation of, inter alia, Ky. Sup. Ct. R. 3.130-1.3, because lawyer was retained concerning a property sale, but failed to take action regarding the sale, failed to communicate with his clients, and did not reply to clients' demand for a fee refund. The lawyer had extensive disciplinary history.

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Ky. Bar Ass'n v. McCartney, 2007-SC-000473-KB, SUPREME COURT OF KENTUCKY, September 20, 2007, Entered
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Overview: Lawyer was suspended for one year for misconduct in violation of, inter alia, Ky. Sup. Ct. R. 3.130-1.16, because, in two probate matters, among other things, although the lawyer was retained to complete the probate, the lawyer abandoned his practice, failed to complete the probate matters, and failed to notify the clients of his suspension.

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Ky. Bar Ass'n v. Pulliam, 2007-SC-000433-KB, SUPREME COURT OF KENTUCKY, September 20, 2007, Entered
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Overview: Lawyer was disbarred pursuant to Ky. Sup. Ct. R. 3.130-1.1, and otherwise, for misconduct in four separate cases in which the lawyer was retained to represent clients but provided few or no services, failed to communicate with the clients, failed to respond to the clients, and failed to refund fees. The lawyer had prior disciplinary suspensions.

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Ky. Bar Ass'n v. Sexton, 2007-SC-000461-KB, SUPREME COURT OF KENTUCKY, September 20, 2007, Entered
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Overview: Lawyer was automatically suspended pursuant to Ky. Sup. Ct. R. 3.166(1) because he pled guilty in federal court to conspiracy to commit wire fraud. The offense was a felony for these purposes because the lawyer was sentenced to a term of imprisonment of at least one year.

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Ky. Bar Ass'n v. Stollings, 2007-SC-000295-KB, SUPREME COURT OF KENTUCKY, September 20, 2007, Entered
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Overview: Lawyer was suspended for 180 days in Kentucky, pursuant to Ky. Sup. Ct. R. 3.435, because he had been suspended in Ohio for six months based on misconduct in allowing a client's civil lawsuit to be dismissed and his misrepresentations to the client about the status of the case.

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Shown v. Shown, 2005-SC-000855-DG, SUPREME COURT OF KENTUCKY, September 20, 2007, Rendered
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Overview: Ruling that husband in divorce case was allowed to exclude full amount of his Kentucky Teachers' Retirement System (KTRS) account was error because wife's SEP-IRA qualified as retirement account under Ky. Rev. Stat. Ann. § 403.190(4), and, thus, divisionary rules of that section limited amount of KTRS funds husband was allowed to exclude.

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Sidney Coal Co. v. Huffman, 2006-SC-000849-WC, SUPREME COURT OF KENTUCKY, September 20, 2007, Rendered
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Overview: Kentucky Workers' Compensation Board properly remanded an ALJ's determination concerning claimant's workers' compensation claim for additional findings, as the ALJ erred in refusing to make specific findings as to claimant's level of impairment, and failed to consider a doctor's testimony as to the impairment level.

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