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Kentucky Law Survey: Professional Responsibility, William H. Fortune
Kentucky Law Survey: Professional Responsibility, William H. Fortune
Law Faculty Scholarly Articles
This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.
Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling
Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling
Law Faculty Scholarly Articles
Significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1982 to July 1, 1983, have been selected for discussion in this Survey. Included in this survey is an extensive discussion of selected cases in the areas of warrants, competency of counsel, pretrial discovery of witness statements, venue, belated attacks on criminal convictions, and the right to talk to an attorney before taking a breathalyzer test.
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Law Faculty Scholarly Articles
Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …
Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson
Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson
Law Faculty Scholarly Articles
This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …
Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
In 1974, the Kentucky Court of Appeals decided a number of criminal procedure cases. Although these included cases involving prisoners’ rights, probation revocation procedure, and discovery, the more significant decisions were in the area of the right of effective assistance of counsel and the area of search and seizure. It is to these latter two areas that the author will limit his discussion.