JURIST - Kentucky

The US Supreme Court ruled Wednesday in Chaidez v. United States that its holding in Padilla v. Kentucky does not apply retroactively. In Padilla, the court held that immigration attorneys are required to inform their clients about some of the deportation consequences of guilty pleas under the Sixth....... [more]

The US Supreme Court heard oral arguments in two cases Thursday. In Chaidez v. United States the court heard arguments to determine if Padilla v. Kentucky applies retroactively to persons whose convictions became final before its announcement. Padilla held that the Sixth Amendment guarantee of effec....... [more]

An Iraqi man pleaded guilty in the US District Court for the Western District of Kentucky Tuesday on charges of conspiring to aid terrorists. Mohaned Shareef Hammadi pleaded guilty to 10 charges including sending money, weapons and explosives to al Qaeda in Iraq. Hammadi also pleaded guilty to two c....... [more]

JURIST Guest Columnist Nicole Huberfeld of the University of Kentucky College of Law says that the Supreme Court's decision on the constitutionality of the Medicaid expansion provision of the ACA relied on a strange reading of the law, where the Medicaid expansion was deemed to be both a part of the....... [more]

A man charged with kidnapping, assault and violating a hate crime law in an attack on a gay man filed a motion in the US District Court for the Eastern District of Kentucky on Wednesday challenging the validity of the hate crime law under which he is being prosecuted. Anthony Ray Jenkins, 20, is cha....... [more]

On June 9, 2010, the US Court of Appeals for the Sixth Circuit upheld a permanent injunction against the display of the Ten Commandments in two Kentucky courthouses. The displays, called "Foundations of Law and Government," contained eight other documents in addition to the Ten Commandments, includi....... [more]

On May 16, 2011, the US Supreme Court ruled 8-1 in Kentucky v. King that exigent circumstances apply when the police do not act in a way that violates the Fourth Amendment of the US Constitution. The case involved police smelling marijuana outside an apartment door and kicking down the door after he....... [more]

The US Supreme Court granted certiorari Monday in Chaidez v. United States to rule on an ineffective assistance of counsel claim. In 2010, the court held in Padilla v. Kentucky that the Sixth Amendment guarantee of effective assistance of counsel requires a criminal defense lawyer to advise a non-ci....... [more]

JURIST Guest Columnist Nicole Huberfeld of the University of Kentucky College of Law says that the oral arguments made before the Supreme Court regarding the Medicaid expansion of health care reform evidence a troubling lack of understanding of the Court's prior decisions in this area...Medicaid rem....... [more]

JURIST Guest Columnist Josh Douglas of the University of Kentucky College of Law says that state constitutions are becoming an important source of voting rights in challenges to recent laws requiring specific forms of voter identification...An emerging storyline in this year's election season is the....... [more]

JURIST Guest Columnist Tung Yin of the Lewis & Clark Law School says the standard of review of Foreign Intelligence Surveillance Act warrant applications too heavily favors the government by creating an evidentiary burden nearly impossible for defendants to overcome...Earlier this month, in US v....... [more]