Latest Criminal Law News
Editorial — Second look welcomed
The Criminal Code states that impaired driving takes place when the blood alcohol level is .08, not .05. While police have used that level for years to issue warnings, a warning is far different from a seizure and a stiff penalty.
Updated: 03/03/2011 07:10P
Hatcher: Supreme court ruling won't affect funeral bill
Hatcher's bill, which was approved by the House Criminal Law Committee last week, would expand a 2006 state law regulating funeral protests by prohibiting any demonstrations an hour before a funeral or during or after the ceremony.
Updated: 03/03/2011 06:49P
Kentucky's governor signs landmark corrections reform bill into law
The culmination of a multi-year effort to keep Kentuckians safe while being “smart on crime” occurred Thursday in Frankfort, as Governor Steve Beshear signed into law a landmark justice reform bill designed to decrease the state's prison population,
Updated: 03/03/2011 05:55P
Hatcher confident ruling won't affect funeral bill
Hatcher's bill, which was approved by the House Criminal Law Committee last week, would expand a 2006 state law regulating funeral protests by prohibiting any demonstrations an hour before a funeral or during or after the ceremony.
Updated: 03/03/2011 04:48P
Criminal Law: Sexual Misconduct – Sufficiency Of Evidence
Where evidence showed that a defendant in a sexual misconduct case pulled on the victim's pants and looked down her underwear, the area of the victim's body that was exposed was encompassed with the definition of “genitals' for
Updated: 03/03/2011 04:29P
Criminal Law: Post-Conviction Relief – Guilty Plea – Effectiveness Of Counsel
Where a defendant who pleaded guilty to second-degree murder argued that his counsel was ineffective for failing to investigate and call witnesses at sentencing on the issue of his dysfunctional and abusive childhood,
Updated: 03/03/2011 04:23P
Criminal Law: Post-Conviction Relief – Pro Se Motion – Timeliness
Where a defendant failed to timely file his pro se Rule 29.15 motion, the time limits are mandatory, so the judgment is vacated and remanded for dismissal of the motion. Vacated; remanded. Dorris v. State (MLW No.
Updated: 03/03/2011 04:23P
Criminal Law: Prior Bad Acts – Limited Voir Dire – Mistaken Identity
(1) Where a defendant on cross-examination in a felony stealing case contested the accuracy of the identification of him by a store's loss prevention officer, the trial court properly found that the defendant opened the door to
Updated: 03/03/2011 04:23P
Kentucky Overhauls State Criminal Justice System
Governor Steve Beshear today signed into law a landmark justice reform bill designed to decrease the state's prison population, reduce incarceration costs, reduce crime and increase public safety. “This overhaul of Kentucky's penal code is the result
Updated: 03/03/2011 04:20P
Criminal Law: Post-Conviction Relief – Plea Offer – Effectiveness Of Counsel
Where a defendant claimed his counsel was ineffective for advising him to reject the state's original plea offer, which would have resulted in a lesser sentence than he received when he pleaded guilty, the advice did not fall
Updated: 03/03/2011 04:17P
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