In a landmark decision, the Supreme Court decided on March 6th that the federal Sentencing Guidelines are not subject to vagueness challenges under the Due Process Clause. Beckles v. United States, 580 U.S. _____ (2017), Slip Op. No. 15-8544. Beckles was precipitated by the Court’s opinion in Johnson v. United States, 135 S. Ct. 2551, […]
In February, Kentucky Governor Matt Bevin signed an executive order to “ban the box.” The practical effect of this order means that job applications for state government positions will not include a section asking the applicant whether he or she has ever been convicted of a crime. This measure will give individuals with criminal records […]
Effective January 1, 2017, the Supreme Court of Kentucky has authorized the Non-Financial Uniform Schedule of Bail Administrative Release Program (“Administrative Release Program”) to be used throughout the Commonwealth. Supreme Court Amended Order 2016-10 was issued for the purpose of expediting the pretrial release of low to moderate risk defendants charged with non-violent, non-sexual misdemeanors. […]
Defendants who are detained pending a federal criminal trial in Northern Kentucky are typically housed at the Campbell County Detention Center, which is the jail closest to the federal courthouse in Covington. The Campbell County Detention Center recently added a new wing to its building at a cost of just over $7.5 million. The expanded […]
In a landmark decision, the Supreme Court of Kentucky ruled earlier this month that trial judges cannot dismiss juries because of their racial makeup. In Commonwealth v. Doss, a case originating in Jefferson County, the trial judge had dismissed a jury because it did not have enough black members. On appeal, Kentucky’s highest court determined […]
On April 12, 2016, Governor Matt Bevin signed House Bill 40, a felony expungement law. Expungement is the legal process by which a person can completely remove an arrest, charge, and/or conviction from his or her criminal record. A person who obtains an expungement can truthfully answer “no” on a housing or employment application when […]
In a stunning turn of events, the United States Court of Appeals for the Sixth Circuit has determined that a federal statute precluding persons previously adjudicated mentally ill from owning guns may be unconstitutional under the Second Amendment. Tyler v. Hillsdale County Sheriff’s Dept., Case No. 13-1876 (http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0234p-06.pdf).
The statute at issue is the Gun Control […]
Effective August 1, 2016, the United States Sentencing Guidelines have been amended to conform with the United States Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551, 2555 (2015). In Johnson, the Court struck down the so-called “residual clause” of the Armed Career Criminal Act (“ACCA”). Under the ACCA, a defendant convicted […]
By Lee Metzger
Theft by a trusted employee, also called embezzlement, can leave any employer feeling upset, angry, and numb. In many cases, by the time the employee’s ongoing theft is discovered, the losses can be in the hundreds of thousands of dollars (if not more). So what can you do when an employee steals?
1. Contact […]