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Appellate judge announces run for Supreme Court seat
Legal Watch | 2019/02/06 03:16
An appellate judge has announced he will run for a spot on the Kentucky Supreme Court days after Justice Bill Cunningham retired.

Kentucky Court of Appeals Judge Christopher "Shea" Nickell told The Paducah Sun that he is running in November's election for the vacant seat, which represents the First Supreme Court District encompassing 24 counties in western Kentucky. The winner of the general election will serve the rest of Cunningham's current term ending in 2022.

Gov. Matt Bevin will appoint a temporary justice to the seat until November, but Nickell did not submit his name for consideration. He says that would have required him to step down from the appeals court.

Nickell practiced law for 22 years before he became an appellate judge.


Ginsburg makes 1st public appearance since cancer surgery
Court Center | 2019/02/05 03:17
Supreme Court Justice Ruth Bader Ginsburg is making her first public appearance since undergoing lung cancer surgery in December.

The 85-year-old Ginsburg is attending a concert at a museum a few blocks from the White House that is being given by her daughter-in-law and other musicians. Patrice Michaels is married to Ginsburg’s son, James. Michaels is a soprano and composer.

The concert is dedicated to Ginsburg’s life in the law.

Ginsburg had surgery in New York on Dec. 21. She missed arguments at the court in January, her first illness-related absence in more than 25 years as a justice.

She has been recuperating at her home in Washington since late December.

Ginsburg had two previous bouts with cancer. She had colorectal cancer in 1999 and pancreatic cancer in 2009.

The justice sat in the back of the darkened auditorium at the National Museum of Women in the Arts.

The National Constitution Center, which sponsored the concert, did not permit photography.

James Ginsburg said before the concert that his mother is walking a mile a day and meeting with her personal trainer twice a week.

The performance concluded with a song set to Ginsburg’s answers to questions.

In introducing the last song, Michaels said, “bring our show to a close, but not the epic and notorious story of RBG.”


Changed Supreme Court weighing Louisiana abortion clinic law
Legal Interview | 2019/02/03 03:18
The outcome of a fight over a Louisiana law regulating abortion providers could signal whether a fortified conservative majority on the Supreme Court is willing to cut back on abortion rights.

The high court is expected to decide in the next few days whether the state can begin enforcing a law requiring doctors who work at abortion clinics to have admitting privileges at a nearby hospital. It was passed in 2014, but has never taken effect.

The Supreme Court struck down a similar law in Texas three years ago. But the court's lineup has changed since then. Two appointees of President Donald Trump have joined the bench and Justice Anthony Kennedy has retired. Kennedy voted to strike down the Texas law.


NC high court sidesteps decision on tracking sex offenders
Headline News | 2019/02/03 03:18
The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.

The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.

The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.



Lambert to be sworn in as Supreme Court justice
Law Firm Business | 2019/02/02 03:24
A new Kentucky Supreme Court justice will be sworn in to office next week.

A statement from the Administrative Office of the Courts says Debra Hembree Lambert will be formally sworn in as a justice on Feb. 4 at the state Capitol in Frankfort. She was elected to the court in November and will serve the 3rd Supreme Court District, which includes 27 counties in southern and south-central Kentucky.

Before her election to the Supreme Court, Lambert served as an appellate judge for four years and before that was a circuit judge for Lincoln, Pulaski and Rockcastle counties.

Lambert succeeds retired Justice Daniel Venters.



New Jersey's top court won't hear ex-NFL star's appeal
Top Legal News | 2019/02/01 03:24
The New Jersey Supreme Court won't hear a request from former NFL star Irving Fryar to overturn his conviction for his role in a mortgage scam.

The court announced its decision Tuesday but did not elaborate.

Fryar and his mother were convicted in August 2015 of applying for mortgage loans in quick succession while using the same property as collateral. They eventually were found guilty of conspiracy and theft by deception.

Fryar's defense argued at trial he was the victim of a "con artist" who told him to carry out the scheme.

Fryar was a star wide receiver at the University of Nebraska and played in the NFL in the 1980s and 1990s for the New England Patriots, the Miami Dolphins, the Philadelphia Eagles and the Washington Redskins.



Appeals court reopens case involving payment to law firm
Legal Interview | 2019/01/27 03:25
An appeals court on Friday ordered more proceedings in a legal fight involving Kentucky's governor and two of his political rivals over a $4 million payment to a law firm for negotiating a settlement on behalf of the state with the maker of OxyContin.

A three-judge Kentucky Court of Appeals panel ruled unanimously that a summary judgment previously granted in the case was "premature" because it didn't allow more information to be reviewed. The ruling returned the case to a lower court, where it could have implications in this year's governor's race.

"In this case, there was no opportunity to take discovery," Judge Christopher Shea Nickell said in writing for the appeals court panel.

"Since there was no discovery, obviously there was no 'ample opportunity to complete discovery.' ... Thus, we do not even reach the question of whether there were any material issues of fact precluding summary judgment," he added.

The ruling keeping the case alive drew quick praise from Republican Gov. Matt Bevin's administration. Bevin's general counsel, Steve Pitt, said additional information could shed light on why Kentucky's lawsuit against a large pharmaceutical company was settled "for pennies on the dollar."

The case also involves Attorney General Andy Beshear, who already has declared himself a candidate for governor as a Democrat. Bevin and Beshear have been embroiled in several lawsuits since they took office. Bevin filed papers Friday to run for a second term.


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