Give for Good Louisville on Sept. 14 (All Day Thursday) — Jefferson County Public Law LibraryPlease consider a donation of $10 or more for

Donate a minimum of $10 and the law library has a chance for bonus dollars through the Community Foundation of Louisville



The Friends of the Jefferson County Public Law Library will be participating in this year’s Give for Good Louisville!

The Friends is a charitable non-profit organization which supports the Jefferson County Public Law Library  I understand times are lean, but the law library depends on your support to help it provide one of the best deals you will ever find practicing law.  Free facility and legal research materials.

The Friends of the Jefferson County Public Law Library is a non-profit corporation consisting of lawyers and members of the public whose sole purpose is to support and supplement the legal research and financial needs of the Jefferson County Public Law Library .   The law library’s legal research materials (books and on-line) is available to the public at no cost.  The Library is conveniently located in downtown Louisville in the second floor.  Go to the law library’s web site for a tour.  Quite impressive.

The library depends on court filing feels to provide the public (lawyers and non-lawyers) these free legal research materials on computer and books.   But, with filing fees down, we can’t emphasize how much we need and can use your help to keep providing the best in legal research.   And all of it is free.  Therefore, must ask the public and the attorneys for their financial help.

Donations can be as small as $10.  And would so very much be appreciated.

This is a special day of giving to local nonprofits.  If you make a donation of $10 or more at anytime on Thursday, September 14th, your donation can make the Friends organization eligible for bonus dollars through the Community Foundation of Louisville.

Please consider supporting this worthwhile organization that strives to provide up to date legal information to everyone in the community and reaches out to help the public know their rights and to engage in dialogue with the community about various local and legal issues.  Tomorrow, September 14th, please click on the following link to support the Friends of the Jefferson County Public Law Library.

Kentucky Supreme Court Justice Nominated to 6th Circuit Court of Appeals by President Obama

Screenshot 2016-03-17 20.44.11President Barack Obama has nominated Kentucky Supreme Court Justice Lisabeth Tabor Hughes to the 6th Circuit Court of Appeals.

Hughes, who went by the name Lisabeth Hughes Abramson until a recent divorce, has served on the Kentucky Supreme Court since 2007.

“Justice Lisabeth Tabor Hughes has a long and impressive record of service and a history of handing down fair and judicious decisions,” Obama said in a press release.. “She will be a thoughtful and distinguished addition to the Sixth Circuit, and I am extremely pleased to put her forward.”

From Justice Hughes bio at AOC:

Lisabeth T. Hughes was sworn in as a justice for the Supreme Court of Kentucky on Sept. 10, 2007, after being appointed to fill the vacancy created by the retirement of the late Justice William E. McAnulty, Jr. In November 2008, the voters of Jefferson County elected her to serve as the justice from the 4th Supreme Court District. She was re-elected, unopposed, in November 2014.

Justice Hughes first served in the Kentucky judiciary as a Court of Appeals judge from 1997 to 1998. From January 1999 to July 2006, Justice Hughes served as a circuit judge for the 30th Judicial Circuit, Division 3 of the Jefferson Circuit Court. In July 2006, she was reappointed to the Court of Appeals and was later elected unopposed to that court where she was serving at the time of her appointment to the Supreme Court.

Justice Hughes earned a bachelor’s degree from the University of Louisville where she graduated in 1977 with highest honors. She graduated magna cum laude from the U of L School of Law in 1980 and was named the Outstanding Graduate of her law school class. Before serving as a judge, she practiced law for 15 years, concentrating on business and commercial litigation.

Justice Hughes is president of the Louis D. Brandeis Inn of Court. She is the Supreme Court representative on the Kentucky IOLTA Board and chair of the Civil Rules Committee. She is a past president of the U of L School of Law Alumni Council and previously served as a trustee for the Kentucky Judicial Form Retirement System Board. Justice Hughes is a former Louisville Bar Association Judge of the Year and was the U of L Alumni Fellow in 2009. She is a frequent lecturer for the Kentucky Circuit Judges College and is a 2007 graduate of Leadership Louisville.

Justice Hughes is a native of Princeton, Ky. She has three sons.

Drone Laws – Local vs Federal Preemption

In 2015, 45 states debated 168 bills on drones

downloadDrone law story from USA Today. Local vs. Federal Preemption.

Some may recall the Bullitt County drone incident where a homeowner shot down a drown allegedly in his vertical space and the case against him ended up in a dismissal in district court. Next step was suit filed in federal court.

Well, the following storing does not answer the question on how the issues will play out, but it is nonetheless and interesting read on how the battle lines are being held drawn.

Legal News Stories – June 12, 2015

Nelson County Courthouse Penny Postcard

Courts say theres no claim for reverse bad faith. could they be wrong? – Lexology

Last month, in State Auto Property & Casualty Ins. Co. v. Hargis, No. 13-5020 (6th Cir. May 6, 2015), the U.S. Court of Appeals for the Sixth Circuit predicted that the Kentucky Supreme Court would not allow insurers to sue policyholders for the tort of “reverse bad faith.” The court’s analysis drew a distinction between the duty of good faith and fair dealing that is implied by law into contracts and the distinct, common law duty that arises from a “special relationship” between the parties. Only the latter duty gives rise to a tort claim. The court also found that no other state has recognized a tort of reverse bad faith. Yet, given recent interpretations of the contractual duty, it’s arguable that “reverse bad faith” is already here—and what we should be asking is whether it can be of any use.


County Attorney Mike O’ Connell suspends Karl Price without pay

LOUISVILLE (WHAS 11) — Karl Price, a prosecutor with the Jefferson County attorney’s office, was suspended without pay following comments he made in a letter to a local business.  He was ordered to undergo sensitivity training for comments he said in the letter, using words like “greedy foreigners” and saying the Hwangs practice under “ancient Asian principles.”

Retirees allowed to keep fighting in GE suit

The seven-page ruling that challenges GE’s decision to drop its Medicare benefit plans and switch salaried retirees to private exchanges in essence delivered victories to the company and retirees and ensured that the litigation will continue for months. The changes, which took effect Jan. 1, have impacted an estimated 65,000 retirees and their families, including several thousand nonunion former workers at GE’s Appliance Park in Louisville. GE officials have said the benefits switch which affects all of the divisions within the company were in the works two years before GE announced plans this fall to sell its appliances division to Sweden-based Electrolux.

Attorney general: Lexington police broke records law by demanding address of man who sought documents | Crime |

The Open Records Act does not require a person to provide an address unless they want the documents mailed to them. Greenleaf shot the dog six times after it bit him as he ran through the backyard of a Lexington home while pursuing a suspect on foot. The bite did not draw blood and Greenleaf was not hospitalized.

Commonwealth’s Attorney to seek death penalty against 3 suspects – WDRB 41 Louisville News

LOUISVILLE, Ky. (WDRB) – The Jefferson County Commonwealth’s Attorney will seek the death penalty against three people accused of murdering a tourist in town for the Kentucky Derby, according to spokesperson Jeff Cooke.  Cooke says the office filed a notice of aggravating circumstances last week, telling the court the prosecution would be seeking capital punishment in the case against Fahed Abu-Diab, Fatima Abu-Diab and Tyrone Thomas Jr.

Buffalo Trace security guard expected to testify against bourbon – WDRB 41 Louisville News

They say on two difference occasions, between Nov. 1, 2014 and Dec. 31, 2014, Wright allowed Curtsinger to take the stainless steel barrels of bourbon. In April, nine people were indicted for the bourbon thefts. He resigned after being accused of being involved in the bourbon and steroid ring.
On Friday, Wright pleaded guilty to a reduced charge of “Criminal facilitation to receive stolen property over $10,000,” Class A misdemeanor punishable by up to 12 months behind bars.

Legal News You Might Not be Able to Use ;-)

Lawsuit against Charlie Strong, U of L tossed; Damaged civil rights historical marker rescued; Telling Harasser to Stop Is Protected Activity under Title VII | The National Law ReviewShaken-Baby Syndrome Faces New Questions in Court

Shaken-Baby Syndrome Faces New Questions in Court Washington Post, March 2015

A series examining the child abuse prosecutions attributed to shaken baby syndrome since 2001, including more than 200 cases that were ultimately dismissed, overturned or resulted in acquittal. The vast majority of cases, however, ended with convictions. Many guilty verdicts relied on disputed science that supports the shaken baby diagnosis. “My greatest worry is that I have deprived someone of justice because I have been overtly biased or just mistaken,” Dr. George Nichols, former chief medical examiner of Kentucky, told the Post.

Another Startling Verdict for Forensic Science – ProPublica

With the introduction of DNA analysis three decades ago, criminal investigations and prosecutions gained a powerful tool to link suspects to crimes through biological evidence. This field has also exposed scores of wrongful convictions, and raised serious questions about the forensic science used in building cases.

This week, The Washington Post reported the first results from a sweeping study of the FBI forensic hair comparison unit, finding that 26 of 28 examiners in the unit gave flawed testimony in more than 200 cases during the 1980s and 1990s. Examiners overstated the accuracy of their analysis in ways that aided prosecutors. The National Association of Criminal Defense Lawyers and the Innocence Project are conducting the study with the cooperation of the U.S. Justice Department.

The development is only the latest to shake public faith in what police and prosecutors have often cited as scientific proof. In 2009, the National Academy of Sciences published an exhaustive review of the forensic sciences, concluding that only nuclear DNA analysis has a foundation in research. “Although research has been done in some disciplines,” the report states, “there is a notable dearth of peer-reviewed, published studies establishing the scientific bases and validity of many forensic methods.”

Telling Harasser to Stop Is Protected Activity under Title VII | The National Law Review
A recent federal appellate decision, EEOC v. New Breed Logistics, affirmed a $1.5 million jury verdict for four employees who had experienced or witnessed harassment and were subsequently terminated. In doing so, the United States Court of Appeals for the Sixth Circuit (which covers Kentucky, Michigan, Ohio, and Tennessee) found that workers who complain directly to a harasser by telling that person to stop have engaged in a protected activity that shields them from retaliation under Title VII. The case also reminds employers about the importance of educating temporary workers about their anti-discrimination and anti-harassment policies.


Damaged civil rights historical marker rescued

A civil rights historical marker whose base was damaged during a move to create a new curb cut for Embassy Suites valet parking will be reinstated across from Guthrie Street after a new base arrives.

A new base for the marker that was ordered after the original one was damaged in the move is expected to arrive this week, and the marker will then be erected again, Chris Poynter, a spokesman for Mayor Greg Fischer, said.

Reporter Martha Elson can be reached at (502) 582-7061. Follow her on Twitter at @MarthaElson_cj.

Lawsuit against Charlie Strong, U of L tossed

A judge has thrown out a lawsuit filed by a former University of Louisville football player who claimed that the university and former Coach Charlie Strong reneged on a pledge to continue his scholarship through graduate school after he was injured in an assault by two teammates.

Jefferson Circuit Court Judge Susan Schultz Gibson dismissed the suit filed by Patrick Grant, saying the university and Strong were protected by sovereign immunity, which shields the state from liability except in some circumstances.

Grant’s lawyer, Scott Zoppoth, called the ruling disappointing and said his client would appeal.

Reporter Andrew Wolfson can be reached at (502) 582-7189

NEWS: Legal News You Can Use – June 1, 2015

Lawsuits allege that migrant workers were exploited; Appeals Court blocks Bluegrass Pipeline eminent domain

Not much this week.  Here are two stories.

Lawsuits allege that migrant workers were exploited federal lawsuits allege that between 2013 and this year 39 workers from Mexico were paid substandard wages, lived in squalid housing, and some were threatened with jail or deportation if they complained. Some workers, the lawsuits claim, lived as virtual prisoners after employers confiscated their passports.

Calling such practices “forced labor” tantamount to human trafficking, the Nashville-based Southern Migrant Legal Services, a legal aid group, filed three lawsuits Thursday against five Kentucky tobacco farms in Scott, Monroe and Nicholas counties, alleging such practices violate federal law governing the program for guest farm workers known as H-2A.

One lawsuit also names a Lexington law group, Conley-Morgan, as a defendant and alleges a lawyer at the firm who handled government paperwork for one of the farms was involved in the scheme to misrepresent working conditions and coerce workers into staying.

The lawsuits name as plaintiffs McKenzie Farms in Stamping Ground and managers, Gene McKenzie and Austin McKenzie in Scott County as well as the farm’s Lexington lawyer; Tracy Dillard of Fountain Run who operates a farm in Monroe County; and three Nicholas County farms, Planck Farms and B.S. Land and Cattle Co., operated by Earl Lee Planck Jr. and High Point Farms LLC, operated by John D. Watkins.

Appeals Court blocks Bluegrass Pipeline eminent domain

A Kentucky appeals court has upheld a ruling that prevents the developers of the Bluegrass Pipeline from using the power of eminent domain to purchase property easements.

And the Louisville attorney who has been representing a group of Kentucky landowners fighting Bluegrass said the ruling is broad enough to apply to another controversial pipeline that seeks to carry hazardous natural gas liquids through Kentucky from fracking zones in Ohio and Pennsylvania to the Gulf Coast. That’s the proposed re-purposing of Kinder Morgan’s existing Tennessee Gas pipeline.

These companies, including Oklahoma-based Williams company, the Bluegrass Pipeline developer, “will have to deal with landowners on a willing seller, willing buyer basis,” said the attorney, Tom FitzGerald, director of the Kentucky Resources Council.

NEWS: Legal News You Can Use – May 25, 2015

State senator acquitted of DUI; More on the bourbon theft; Heleringer's Top Ten Best SCOTUS decisions; $12.8 million Walmart Verdict; $5 million TARC verdict


Kentucky Senator Smith acquitted of DUI charge, convicted of speeding

Smith was ordered to pay a $40 fine and court costs because of the speeding charge. Smith’s license, which had been taken away because he did not take a breathalyzer test, will be returned with the not guilty verdict on the DUI charge. It took the jury about 10 minutes to acquit Smith, who was arrested on the very first day of the 2015 legislative session.

Several defendants in Central Ky. bourbon-theft, steroid-trafficking ring plead not guilty, Ky. – The attorney for the alleged ringleader of a bourbon theft and steroid trafficking ring questioned Friday whether her client Gilbert “Toby” Curtsinger can get a fair trial with the attention the case is getting.

Curtsinger pleaded not guilty Friday to Kentucky’s equivalent of racketeering — engaging in organized crime — during a Franklin Circuit Court hearing where his attorney Whitney Lawson said she has “grave concerns” whether impartial jurors can be found. The case has been featured in publications such as The Wall Street Journal and The Washington Post.  Curtsinger was one of five defendants in the bourbon theft ring case in court Friday for arraignment.

Heleringer | Another Supreme Court top 10 list Heleringer Columnist(Photo: Beth Smith)

While awaiting the U.S. Supreme Court’s momentous decision in Kentucky’s same-sex marriage case (Bourke v. Beshear) — some with trepidation, others with guarded optimism – I profiled in my last column the high court’s top ten worst decisions, as determined by a semi-distinguished panel of legal scholars: me, myself, and I. As promised, here are the consensus top ten best Supreme Court decisions of all time according to the same panel.

10. Helvering v. Davis (1937): the older I get, the better this case looks. The court upheld, 7-2, the constitutionality of the Social Security Act as not violative of the Tenth Amendment, the catch-all amendment in our Bill of Rights that reserves to the states any authority not delegated to the federal government by our Constitution. In layman’s terms, at the height of the Great Depression, at least seven justices said they weren’t going to find a reason in the Constitution to strike down legislation that promised America’s older citizens their government wasn’t going to allow them to starve to death in their last years.   Read more…..


Some older posts I missed:

Man who lost leg wins lawsuit against Walmart

A Kentucky jury has returned a $12.8 million verdict against Walmart for installing a mismatched tire on a truck that ran over a construction worker, rendering him a quadriplegic and forcing the amputation of one of his legs. The verdict of $12,797,990 for Shaun Joseph included $7.5 million for pain and suffering. Joseph, then 29, was standing on the side of the road in Paintsville on Dec. 1, 2010, when he was struck by a truck driven by Nicola Liebsch, who was taking her daughter to the library, according to the report.


Man hit by TARC bus awarded nearly $5 million by jury

A jury has awarded nearly $5 million to a courier for a Louisville law firm who suffered a traumatic brain injury when he was hit by a TARC bus.
After a nine-day trial and nearly four hours of deliberations, the Jefferson Circuit Court jury awarded $4,951,073 to Adam Bibelhauser, who alleged he was in a crosswalk at Fourth and Market streets on Sept. 8, 2008, when he was struck.
Bibelhauser, then 27, worked full time for Stites & Harbison and was pursuing a master’s degree from the University of Louisville. His attorneys, Doug Farnsley and Julie McDonnell, who practice at Stites, said he was unable to complete his degree.


Kentucky Legal News You Can Use – May 17, 2015

Voter resources link; Attorney Deters suspended; No reverse bad faith in Kentucky so says 6th Circuit; Norton Healthcare loses part of man's brain sued


KY Primary 2015: Voter resources: Are you ready for Tuesday’s Kentucky Primary? – Story

Voters in the Bluegrass state will head to the polls Tuesday for the 2015 primary elections cycle and decidewhich of the candidates will step into several high-level state offices. The replacement will serve out the rest of his term, which ends in 2020. Tuesday’s primaries follow the emergency passage earlier this month of a new state regulation banning electioneering within 100 feet of polling places.


Kentucky Supreme Court suspends Eric Deters again’s high court suspended Deters for 60 days, 30 days each for ethical violations in two cases dating back years. That led to a guilty finding against Deters. He was ordered to pay $29,381 to the opposing parties’ attorneys.


Sixth Circuit refuses to create a cause of action for reverse bad faith – Lexology

In an opinion handed down last week, the Sixth Circuit Court of Appeals refused to adopt a new cause of action under Kentucky law for a reverse bad faith claim by an insurer against its insured where the Kentucky Supreme Court had not previously done so in State Auto Prop. & Cas. Ins. Co. v. Hargis, — F.3d – (6th Cir., May 6, 2015). The Sixth Circuit further refused to certify the question to the Kentucky Supreme Court for review. Slip Op. at *4-5.

The Evolving Duty of Trustee Communication with Beneficiaries | The National Law Review

Trustee communications with beneficiaries have followed an interesting legal path in Kentucky. The original Kentucky statute regarding communication with the beneficiaries required that the trustee must keep the beneficiaries reasonably informed about trust activities. This statute, KRS 386.715, did not make a distinction between revocable and irrevocable trusts. The traditional presumption is that a settlor may change a revocable trust at will, and thus the trustee of a revocable trust did not have a duty to notify beneficiaries of trust status, as the identity of the beneficiaries could potentially be in flux.

The Kentucky Supreme Court came to the opposite conclusion in the 2009 case of JP Morgan Chase Bank, N.A., v. Longmeyer, however. The court in that case noted it was hamstrung by the lack of an explicit distinction between revocable and irrevocable trusts under Kentucky trust law, stating that the statutory duty of a trustee to inform beneficiaries knows no distinction between the two types of trusts. The court then hinted that it is “the legislature’s task to amend the statutes, not this Court’s role to re-write them.”  read more…..

Ky.’s high court vacates student’s drug conviction – WTVQ – Nearly five years ago, three police officers entered a University of Kentucky fraternity and arrested a student for possession and trafficking marijuana.

On Thursday, Kentucky’s Supreme Court said the officers weren’t allowed in the house in the first place.

It was an unlawful entry, according to the Supreme Court brief published Thursday.

Police never had permission to enter the Delta Tau Delta fraternity near UK’s campus and then search the then sophomore’s room.It was during the 2010 fall semester and detectives were investigating a tip that UK student David Milam was selling marijuana.According to the Supreme Court brief, police went to the fraternity house and went inside a door that officers said was open.


Norton Healthcare lost piece of patient’s brain, suit says

Fred Habermel, 72, said that on July 11, 2014, he underwent surgery at Norton Cancer Institute to extract brain tissue to be used to develop a vaccine that in turn would be injected into his head in an experimental procedure to fight a brain tumor. The suit says Habermel was diagnosed in October 2013 with a glioblastoma brain tumor, which are highly malignant, according to the American Brain Tumor Association. The next month he underwent brain surgery for the first time, to remove a portion of the tumor, and the operation was followed by about 30 rounds of radiation.

But according to the suit, several weeks later a Norton physician, Dr. Ali Choucair, called to tell Habermel and his wife, Dru, they needed to come to his office as quickly as possible.

The suit says he told them Norton “employees, agents or servants” had lost the brain tissue.

That meant Habermel could not receive the experimental treatment, according to the suit, filed May 12 in Jefferson Circuit Court against Norton Hospitals, Norton Healthcare and the cancer institute at 234 E. Gray St.

Although Habermel has survived nearly a year since the surgery, attorney Gary Weiss, who filed the complaint on behalf of Habermel and his wife, said his prognosis is grim.

But there was one silver lining, Weiss said: The hospital told them they wouldn’t have to pay for the second surgery.

Recent Legal News You Can Use – May 11, 2015

Retired Justice Scott and the 'lunch pail' Republicanism; Obama care and hospital cuts and layoffs, plus increasing ER visits; Felony cases court time cut by Louisville pilot program; and Bar exam allows additional breaks for examinee to breastfeed

Scott: ‘lunch pail Republicans’ will elect him graduating from Pikeville High School in 1965, he went off to study pre-med at Eastern Kentucky University. In 1976 he started practicing law in Pikeville and worked as a public defender. Later he prosecuted cases as an assistant commonwealth’s attorney and in 1983 was elected Pike circuit judge, a post he held through 1988, when he resigned to run for Congress.

Ky hospitals: Obamacare forcing cuts, layoffs February report prepared for the state said Kentucky hospitals had received $506 million more in Medicaid reimbursement since January 2014 because of the Medicaid expansion. That study also said the Medicaid expansion generated more than 12,000 new jobs in health care and related fields. Beshear said in a statement Friday that the new Medicaid payments have blunted the impact of other financial pressures on hospitals.

Emergency room visits rise under Obamacare Rooms have seen a rise in patient visits in the wake of the passing of the ACA. A poll released Monday by the American College of Emergency Physicians shows that 28 percent of 2,099 doctors surveyed nationally saw large increases in volume, while 47 percent saw slight increases. Less than half of surveyed doctors reported any increase last year, in the early days of the Affordable Care Act.

Felony cases’ court time cut under pilot project cases going through a new Jefferson County court program are being resolved more quickly than those outside the pilot project, according to a preliminary report being presented to a Louisville Metro Council committee this week. Commonwealth’s Attorney Tom Wine will update council members on Thursday about the pilot project aimed at reducing court process time, jail overcrowding and other legal costs. The city received a grant for approximately $334,000 from the Laura and John Arnold Foundation last fall to fund the two-year program, which has cut time on some of those cases.

Breast-feeding mom wins breaks during Kentucky bar exam

A prospective Kentucky lawyer has won her first case before she even took the bar exam. She requested two additional 30-minute stop-the-clock breaks during the 8-hour examination, as well as a private location other than a restroom, to allow her an opportunity to express breast milk during the exam, and submitted a letter from her doctor supporting the request. After the appeal to Elizabeth Feamster, director and general counsel of the office, its board reversed its decision and said she will be given a 20-minute break in each testing session on both days of the exam.


Recent News Stories, May 7, 2015

Not Guilty pleas following Derby crime spree; Attorney General primary race; Deadly DUI avoids prison; Army Board taking re-look at awarding 1LT Conner Medal of Honor from WWII; Fayette Judge Goodwine says no to death penalty;

2 plead not guilty to killing Kentucky Derby tourist after crime spree | New York Post, Ky. — Two of three people charged in the fatal shooting of a Canadian tourist in town for the Kentucky Derby have entered not guilty pleas.

WAVE-TV reports that Tyrone Thomas Jr. and his girlfriend, Fatima Abu-Diab, appeared Tuesday in Jefferson District Court to answer charges in the death of 49-year-old Scott Hunter of Toronto. A judge set bond at $500,000 each.

Police have said Hunter died while trying to fight off three people who robbed him at random during a crime spree amid the festivities of the horse race.

State lawmaker, county attorney face off in AG primary | News OK

LOUISVILLE, Ky. (AP) Republican voters have two options to potentially end the party\’s long absence from the Kentucky attorney general\’s office: a state lawmaker who touts his role in shaping criminal-justice legislation and a county prosecutor who promotes his courtroom experience. The May 19 Republican primary for the job as Kentucky\’s chief law enforcement officer pits state Sen. Whitney Westerfield against Lawrence County Attorney Michael Hogan. Kentucky\’s current two-term attorney general, Democrat Jack Conway, is running for governor. The nominee will face Andy Beshear, the son of Gov. Steve Beshear, in the general election. Beshear is unopposed in the Democratic primary.

Man accused in deadly DUI won’t go to prison | Local News – WLKY Home Jeffersonville man accused in a deadly DUI crash will not go to prison. His passenger, Christian Jenkins, 45, died of his injuries. On Wednesday, Wilton pleaded guilty to reckless homicide, DUI, possession of a controlled substance and possession of drug paraphernalia.

Top prosecutor balks at judge’s decision to drop death penalty for 2 charged in Lexington slaying | Crime |

imagesCo-defendants in an upcoming robbery-murder trial will not face the possibility of execution after Fayette Circuit Judge Pamela Goodwine granted a defense motion to remove the death penalty from the jury’s sentencing options. Jones and Robert Guernsey, scheduled to go on trial June 1, had faced the possibility of execution if convicted in the 2013 shooting death of Derek Pelphrey, 23. On Tuesday, Goodwine, who has expressed opposition to the death penalty in court, granted a defense request to exclude death from consideration for Jones, 21, and Guernsey, 34.

An Army board will consider new evidence to decide whether a Clinton County native should receive the Medal of Honor.

Screen Shot 2015-05-07 at 1.00.27 PMThe new evidence includes sworn statements from three eyewitnesses crediting Army 1st Lt. Garlin Murl Conner with helping to save the lives of fellow soldiers during World War II.

The Army Board for Correction of Military Records recently received the evidence, said Dennis Shepherd, an attorney with the Kentucky Department of Veterans Affairs.

Shepherd, Lexington attorney Donald Todd and Heather French Henry, commissioner of the Department of Veterans Affairs, have represented Conner’s 85-year-old widow, Lyda P. Conner of Albany, in her 18-year campaign to have the Army reconsider the record of her late husband.

“Now the Army Board for Correction of Military Records has, within 180 days, to issue a decision in the case,” Shepherd said. “The case is still alive and we’re just waiting.”

Conner earned four Silver Stars, four Bronze Stars, seven Purple Hearts and the Distinguished Service Cross for his actions during 28 straight months of combat during World War II.