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About Edward L. Metzger III

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So far Edward L. Metzger III has created 10 blog entries.
16 Nov

Sentencing Commission Releases Study on Alternatives to Incarceration

By |November 16th, 2017|Criminal Law|

The United States Sentencing Commission recently released its study on federal alternative-to-incarceration court programs.  Alternative-to-Incarceration court programs (“ATIs”) refer to drug courts, therapeutic courts, and other problem solving courts (e.g., veteran’s courts or youthful offender courts).  ATI programs typically involve a collegial, rather than adversarial, judicial process, and are designed to provide an alternative to […]

15 Mar

Sentencing Guidelines are Not Subject to Vagueness Challenges

By |March 15th, 2017|Criminal Law|

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, […]

7 Mar

Kentucky “bans the box” for state job seekers

By |March 7th, 2017|Criminal Law|

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 […]

20 Feb

Kentucky Supreme Court Expands Availability of Pretrial Release

By |February 20th, 2017|Criminal Law|

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.  […]

6 Feb

Campbell County Detention Center Adds New Wing to Existing Facilities

By |February 6th, 2017|Criminal Law|

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 […]

21 Dec

Trial Judges Cannot Dismiss Juries Based on Race

By |December 21st, 2016|Criminal Law|

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 […]

7 Oct

Expungement Now Available for Certain Class D Felonies in Kentucky

By |October 7th, 2016|Criminal Law|

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 […]

30 Sep

Sixth Circuit Determines That Mental Health Ban On Gun Ownership Might Violate The Second Amendment

By |September 30th, 2016|Criminal Law|

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 (

The statute at issue is the Gun Control […]

8 Sep

“Residual Clause” Removed from Sentencing Guidelines

By |September 8th, 2016|Criminal Law|

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 […]

1 Sep

What to Do When an Employee Steals

By |September 1st, 2016|Criminal Law|

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 […]