DOCSLIB.ORG

Advocate-Vol 8-No 1-Entire Issue (12-1985)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Advocate-Vol 8-No 1-Entire Issue (12-1985) ‘ THE ADVOCATE Vol. 8 No. 1 A BiMonthly Publication of the DPA December,1985 THE ADvocATE FEATURES Legislat Update The 1986 General Assembly could be a very exciting session because several very important criminal justice is sues are on the agenda. However the legislature resolves these issues, they could drastically, change the practlce of criminal law. Of course, adequate funding for the public ad vocacy system is our department’s BOB CMMISAR major objective for this session, but in t1is article I would like to dis Bob Caummisar, Carter County Public cuss some of the non-budget issues. Defender Administrator, has served in that capacity since 1980. A former PFO AND OVBPCROWDING Executive Director of North Eastern Kentucky Legal Services,, he was one There is no relief in sight for the of the Services three founding’ overcrowded condition of Kentucky’s attorneys. ob is credited with first prison system and this will neces using the insanity defense in Carter sitate that the legislature consider County. The defendant, a former revising ‘Kentucky’s persistent felony Eastern State Hospital mental pa of fender statute and raising the $100 tient, having been released earlier threshold level for felony theft than his commitment expiration date, óffE"’i’iSéS over one hundred dollars. pulled up to a car in a parking lot The combination of Kentucl4r’s ex and killed the man in the car next to tremely broad persistent offender him. Bob made the jury aware of the statute which allows for incar man’s mental defect, and the defen ceration for ten years for $100 theft dant received a two year sentenc. offenses has made the largest contribution to Kentuky’s over Bob received an acquittal in a case crowded prisons. The study conducted where a son shot his father. Bob by the Urban Studies Center of the utilized a spouse-abuse relate syn University of Louisville for Ken drome defense. The man had continu- tucky’s Statistical Analysis Center on Kentucky’s persistent felony of Continued on page 40 fender population determined that 64.5% are incarcerated or property ______________________ TIPS. IN THIS ISSUE EDITORS PAGE Edward C. Monahan LEGISLATIVE UPDATE. .. .1,3,4 CrIs Purdom SUGGESTED WORK-RELEASE...... .5 CONTRIBUTING EDITORS WE S REVIEW. 7-1 0 Linda K. West Kentucky Supreme Court...... .7-10 West’s Review McGeehee Isaacs Brayv.Commonwealth .7 Post-Conviction v.Commonwealth..........7Gray Kevin M. McNally v. JordanCommonwealth.. 8 The Death Penalty v.Commonwealth.... Roney... .8 Gayla Peach Busseyv.Commonwealth........8 Protection & Advocacy Commonwealth v.Peacock.......9 J. Vincent Aprile, II Commonwealthv.Steiber.......9 Ethics Commonwealthv.Thompson......9 Michael A. Wright Kentucky Court of Appeals......l0 Juvenile Law v.Commonwealth.....Fortney .10 Donna Boyce Sixth Circuit Survey Commonwealth v.Thacker.... .10 Ernie Lewis v.Commonwealth........10Basham Plain View Patricia Van Houten PROTECTION AND ADVOCACY... .. .11-12 Book Review POST-CONVICTION, LAW & COMMENT * 13-18 THE DEATH PENALTY. .. .. .... .. .. 19-21 The Advocate is a bi-monthly publication of the SIXTH CIRCUIT HIGHLIGHTS. ..... .22 Department of Public Advocacy Opinions expressed THE PLAIN VIEW .... .. .23-27 in articles are those of the authors and do not Benge v. Commonwealth. 23 necessarily represent the views of the Department. Byrd, et.al v. Commonwealth...24 Changed or incorrect address? Receiving two Youman v. Commonwealth.......,.24 copies? Let us know: Simmons v. Commonwealth.......24 State v. Jewett. ........ .25 NAME v.Commonwealth........25Maddox StatesUnited v. Lambert 26 ADDRESS v.Kimbro...............26State v.State...........26Crittenden Commonwealth v.Borges........26 v.Bertine.............27People The Advocate welcomes correspondence on subject Re Bobby, In RaymondB........27 treated in its pages. v. Nunez .. .. DeMassa.. ..... .27 v. State SuperiorCourt.......27 States v.UnitedMiller.......27 v.Snow.............27Blackburn DEPARTMENT OF PUBLIC ADVOCACY 151 Elkhorn Court Frankfort, KY 40601 TRIAl. -Government Actions Against Office Receptionist 502-564-8006 Appellate Branch 502-5M-5234 Lawyers. * . 28-32 Investigative Branch 502-564.3765 -Forensic Science N ws........33 Post-Conviction Branch 502-564-2677 -Interview of Sexual Abuse Protection & Advocacy 502-564-2967 Victims . * . .34-36 Major Litigation Section 502-564-7391 -Cases of Note, In Brief......37-38 ‘flaming Services 502-564-5258 ibti Free Number 800 372-2988 for messages only. NO COMMENT...... .39 2 offenses. A study conducted for the Program Review Committee of the Legi t glative Research Commission on Ken tucky’s persistent felony ‘offender found that the $100 threshold for felony theft offenses is one of the lowest in the nation and is 1/3 of the national average property value for felony theft, which is $335. The legislature is faced with chang ing these two statutes or building several new prisons over the next several years. H4E INCARCERATION PAUL F. ISAACS Another legislative proposal on the agenda which is related to jail overcrowding is a bill to permit home P & A BILL OF RIGHTS incarceration in nonviolent misde meanor and possibly felony cases. The department will be working close This proposal allows a judge to sen ly with Kentuckians Together, Inc. tence a defendant to serve his term a self-advocacy consumer coalition, of incarceration within the walls of the Protection and Advocacy Advisory his home except to go to work, Board, and Parent and Consumer Net school, or church. An experimental works for a state Bill of Rights for program for misdemeanors is being persons with developmental disabili tried in Kenton County and a bill to ties in order to assure our clients expand the concept statewide will be that they will receive the services* introduced in the session. they need in order to fully par-, ticipate as citizens of our society. P1 AND JUVENILE CODE A similar bill was introduced last session and the department is com Two proposals which have already mitted to the adoption of this pro passed the General Assembly but have posal. had their effective dates delayed are expected to be considered again this SENTENCING term: decriminalization of public intoxication and the juvenile code The department intends to push for revision. Decriminalization of public legislation which returns to circuit intoxication will reduce public ad judges the power to determine whether vocacy cases to some extent, but the a person convicted of a felony com new juvenile code, if passed in sub mitted while on parole, probtiäñ, stantially the same form as earlier shock probation, conditional dis versions, would increase the c.se- charge or while awaiting trial on loads of public advocates. The another offense should serve the earlier version of the new code sentence given concurrently or con definitively established the duty of secutively. The department believes the department to represent children that the trial judges throughout the in status offense cases, in cases Commonwealth should have the ability involving dependency and neglect pe to tailor the sentence to appro titions, and in terminations of pa priately fashion a remedy in each rental rights cases. case. 3 DUI SERVICE FEES MENTAL HEALTH Another departmental proposal is to Two mental health issues which will C include the department as one of the be considered. in the next session recipients of the service fees include: the problem of getting corn imposed in the drunk driving statute. petenc,y determinations in criminal Increasingly, the department is re cases in a reasonable amount of time quired to represent indigent clients and expediting involuntary commitment under Kentucky’s new drunk driving proceedings without violating due statute because incarceration is process in order to remove indi possible for first offenses and man viduals incarcerated under mental datory for second and subsequent of inquest warrants from our jails. fenses. All other agencies which are Specific proposals are being de required to provide increased ser veloped concerning these issues and vices under this act enforcement, should be watched. jails, record keeping, treatment, and education programs are allowed to CONCLUSION receive part of the service fee. The increased demand on the department All of us who are interested in the created by this statute entitles us criminal justice system should follow to a portion of the service fee. closely the proceedings of the 1986 General Assembly. The department will VICTIM’S BILL OF RIGHTS keep you informed as these issues, and others develop during the ses The Attorney General’s office is sion. In the January edition of The working on a Victim’s Bill of Rights Advocate, we will publish an update statute. At this point, there is no on current issues in the legislature. public draft of the bill so we will have to wait to see what specific proposals the bill contains. Although PAUL F. ISAACS victims of crime should be treated PUBLIC ADVOCATE with respect and dignity in the criminal justice system, too often * * * * * * these bills have been camouflaged attempts to dilute the defendant’s rights in the name of victim’s NLADA Looks into Harrassment rights. This legislation should be of Defenders watched carefully in order to assure that it addresses only victim’s NLADA’s Defender Committee has formed rights and does not attempt to di a subcommittee to investigate cases minish the defendant’s rights. where harrassment of defense attor neys has had an impact on effective SEX OFFENDERS representation. This was in response to governmental attempts to compro During the legislative session, there mise the defense function. The sub will be some consideration of legi committee is currently putting to slation relating to the treatment of gether a fact sheet to be distributed sexual offenders. The department will to the Defender Committee. For more be closely monitoring this legis information on *NLADA’s efforts in lation to ensure that the defendant’s this area, contact: John Moran, 210 rights are protected and that any new We Illinois Street, Chicago, Illinois proposal encompasses new sentencing 60610 or call 312 670-0312.
Load more

Recommended publications
  • Apple, Reaktion Books
    apple Reaktion’s Botanical series is the first of its kind, integrating horticultural and botanical writing with a broader account of the cultural and social impact of trees, plants and flowers. Already published Apple Marcia Reiss Bamboo Susanne Lucas Cannabis Chris Duvall Geranium Kasia Boddy Grasses Stephen A. Harris Lily Marcia Reiss Oak Peter Young Pine Laura Mason Willow Alison Syme |ew Fred Hageneder APPLE Y Marcia Reiss reaktion books Published by reaktion books ltd 33 Great Sutton Street London ec1v 0dx, uk www.reaktionbooks.co.uk First published 2015 Copyright © Marcia Reiss 2015 All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publishers Printed and bound in China by 1010 Printing International Ltd A catalogue record for this book is available from the British Library isbn 978 1 78023 340 6 Contents Y Introduction: Backyard Apples 7 one Out of the Wild: An Ode and a Lament 15 two A Rose is a Rose is a Rose . is an Apple 19 three The Search for Sweetness 43 four Cider Chronicles 59 five The American Apple 77 six Apple Adulation 101 seven Good Apples 123 eight Bad Apples 137 nine Misplaced Apples 157 ten The Politics of Pomology 169 eleven Apples Today and Tomorrow 185 Apple Varieties 203 Timeline 230 References 234 Select Bibliography 245 Associations and Websites 246 Acknowledgements 248 Photo Acknowledgements 250 Index 252 Introduction: Backyard Apples Y hree old apple trees, the survivors of an unknown orchard, still grow around my mid-nineteenth-century home in ∏ upstate New York.
    [Show full text]
  • Atlanta Constitution
    THE ATI TITUT Dully Bad Stmda3, carrier delivery. 13 cent* **eelc£r. VoL .—N6. 291. ATLANTA, THUBSDAY MORNING, APRIL 2, 1914. '—TWELVE PAGES. copies OB tfce kitreet* and at net»a»t*Bd«, 5 c«ata> MEXICANS LOCKED SPLENDID BUILDING TO HOUSE BATTLE IN SENATE Council Sanctions Bonds; IN DEATH GRAPPLE ATLANTA CHAMBER OF COMMERCE OVER CANAL TOLLS Greater Grady Hospital FOR TORREON CITY TO BE PROTRACTED Now Seems Assured Fact General Villa Wires That Repeal Measure Is Referred City Has Not Fallen and to O'Gorman's Committee, Bond Ordinance Approved That Heavy Fighting Is in Which Will Begin Consid- GOUNTY EMPLOYEES IT IS DYING; by a Vote of 13 to 1, and Progress. eration Next Tuesday. Aldermanic Board Imme- GET RAISE! SALARY EGGERSpSTED diately Concurs in Action REBELS ARE MEETING MAJORITY OF SENATE of Council—Date of Elec- ! STUBBORN RESISTANCE CLAIMED FOR REPEAL County Commissioners at All Hope for Game Little tion Is Set for May 5. Meeting on Wednesday Prize Fighter Abandoned. Villa Has Taken Part of the Certain That Efforts ,Will Show Great Liberality to Arthur George, Clerk at PLAN FOR HOSPITAL City, But the Federals Are Be Made to Amend, and a All Officials. the Grady, Is Discharged. IS NOW SQUARELY Spectacular and Heated UP TO THE PEOPLE Barricaded in Buildings To the accompaniment of an inge- While his victim lay dying from con- and Fighting Desperately, Debate Is Expected. nious and varied assortment of rea- cussion of. the brain on a cot in Grady sons, the salaries of about twenty hospital last night, Johnny (Knockout) county employees went upward at the Eggers, the prize-fighter, sat at police No Action Was Taken on Juare.z.
    [Show full text]
  • Adult Trade July-December 2016
    BLOOMSBURY NEW TITLES BLOOMSBURY BLOOMSBURY bloomsbury.com NEW TITLES Bloomsbury Publishing Plc 50 Bedford Square, London WC1B 3DP Tel: +44 (0)20 7631 5600 Fax: +44 (0)20 7631 5800 @BloomsburyBooks For Australia & New Zealand enquiries: • Tel: +61 2 8820 4900 JUL @BloomsburySyd Y–DECEMBER 2016 Y–DECEMBER Prices, publication dates and jackets are subject to change and may vary To view the online version of this catalogue please visit: bloomsbury.com/uk/catalogues JULY–DECEMBER 2016 July – December 2016 2 Original Fiction 10 Crime 13 Paperback Fiction 20 Fiction (Also Available) 23 Original Non-fiction 36 Nature Writing & Outdoors 39 Popular Science 42 Food 46 Sport 51 Maritime 53 Military 54 Business 60 Religion 62 Paperback Non-fiction 78 Bloomsbury Contact List & International Sales 80 Index 82 Social Media Contacts export information TPB trade paperback PAPERBACK B format paperback (dimensions 198 mm x 129 mm) The Theoretical Foot M. F. K. Fisher An unpublished novel by the iconic food writer, this portrait of 1930s bohemian life will take the literary world by storm usan and Joe never want this perfect summer to end. It is the 1930s, and society Sfrowns on the slack morals of couples living in sin – but judgement is suspended at the haven on Lake Geneva where Joe’s friend Sara and her lover Tim preside. Here, surrounded by orchards heavy with plums, they are thrust into an exotic milieu of artistic Americans. As one day is recounted through the eyes of seven characters, the group’s hidden tensions and desires are revealed. This lost gem by one of the twentieth century’s most celebrated food writers is a witty, bold portrait of bohemian life.
    [Show full text]
  • The Politics of Class, Crime, and Corporations in America
    University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2018 Punishment And Privilege: The Politics Of Class, Crime, And Corporations In America Anthony Grasso University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the Criminology Commons, Criminology and Criminal Justice Commons, History Commons, and the Political Science Commons Recommended Citation Grasso, Anthony, "Punishment And Privilege: The Politics Of Class, Crime, And Corporations In America" (2018). Publicly Accessible Penn Dissertations. 3074. https://repository.upenn.edu/edissertations/3074 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/3074 For more information, please contact [email protected]. Punishment And Privilege: The Politics Of Class, Crime, And Corporations In America Abstract As the global leader in incarceration, America locks up its own citizens at a rate that dwarfs that of any other developed nation. Yet while racial minorities and the urban poor fill American prisons and jails for street crimes, the state has historically struggled to consistently prosecute corporate crime. Why does the American state lock people up for street crimes at extraordinary rates but demonstrate such a limited capacity to prosecute corporate crime? While most scholarship analyzes these questions separately, juxtaposing these phenomena illuminates how the carceral state’s divergent treatments of street crime and corporate crime share common and self-reinforcing ideological and institutional origins. Analyzing intellectual history, policy debates, and institutional change relating to the politics of street crime and corporate crime from 1870 through today demonstrates how the class biases of contemporary crime policy emerged and took root during multiple junctures in U.S.
    [Show full text]
  • California State University, Northridge a DESCRIPTIVE STUDY OF
    California State University, Northridge A DESCRIPTIVE STUDY OF CONSUMER DISSONANCE 1\ AND EDUCATIONAL NEED A thesis submitted in partial satisfaction of the requirements for the degree of Master of Science in Home Economics by Sally K. O'Krent June, 1974 California State University, Nort.hridge June, 1974 To my family: my husband, children, and parents, for their support and their sacrifices iii ACKNOWLEDGHENTS 'rhis thesis would not be complete without words of gratitude and appreciation to Mrs. netty nailey, Chairman of my Thesis Committee, and Dr. Richard Campbell, who have both been generous with their time, help and encouragement throughout my education at California State University, Northridge. Thanks too, to nrs. Louise Sutton and Dr. Marjory Joseph for their criticisms and suggestions in the development and writing of this study. iv TABLE OF CONTENTS PAGE JJEfJICATIO't'J... • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ii·i ACKNOWLEDGJI.lF.NTS . • • • • • . • . • . • . • . • • • . • • . i v LIST OF TABLES..................................... vi ABS'rH.ACT. • • . • • • • • . • • • • • • • • • • • • . • • . • . • • • • • • • • • • . • viii Chapter I. IN'l'RODUCTION. • . • • • • • • • • • • • . • • • • • • • . • . • • • 1 Background and Significance Objectives Assumptions Limitations Definition of Special Terms I I. REVIEW OF LI'l'ERATPRE. • • • . • • • • • • • • • • . • • • . • • 6 III. PROCEDURE .•..•.....•..•.•.••.•....••• ~..... 31 IV. FINDINGS OF THE STUDY. • • • • • • • • • • . • • • • • . • • •
    [Show full text]
  • Irish and Irish-American Women in the District of Columbia, 1850-1890
    KEEPING HOUSE: IRISH AND IRISH-AMERICAN WOMEN IN THE DISTRICT OF COLUMBIA, 1850-1890 By Jennifer Lynn Altenhofel Submitted to the Faculty of the College of Arts and Sciences of American University in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in History Chair ___________________________ Dr. Alan Kraut ___________________________ Dr. Hasia Diner ___________________________ Dr. Tim Meagher ___________________________ Dr. Andrew Lewis ____________________ Dean of the College ____________________ Date 2004 American University Washington, D.C. 20016 ii KEEPING HOUSE: IRISH AND IRISH-AMERICAN WOMEN IN THE DISTRICT OF COLUMBIA, 1850-1890 By Jennifer Lynn Altenhofel ABSTRACT This study documents the daily lives of Irish women as they became part of the social structure of Washington, D.C. Keeping House examines the evolution of Irish women's role in nineteenth century Washington, D.C. and notes how Irish women who came to the capital found domestic jobs that became rungs in the social ladder they climbed. In their move from working class to middle-class, Washington's Irish women formed a new cultural identity that corresponded with American middle-class values. Responding to values they brought with them from Ireland, and combining them with the virtues of American womanhood, Irish women used their experiences in Washington, D.C. as a foundation for middle-class association. Keeping House redefines the Irish woman's place within her ethnic community and within the community at large that provided her an opportunity to join the ranks of her fellow American women. iii TABLE OF CONTENTS ABSTRACT .................................................. ii LIST OF ILLUSTRATIONS ........................................ iv INTRODUCTION : KEEPING HOUSE : IRISH AND IRISH -AMERICAN WOMEN IN THE DISTRICT OF COLUMBIA , 1850-1890 ..............................
    [Show full text]
  • The Same-Sex Marriage Controversy and American Constitutionalism: Lessons Regarding Federalism, the Separation of Powers, and Individual Rights
    THE SAME-SEX MARRIAGE CONTROVERSY AND AMERICAN CONSTITUTIONALISM: LESSONS REGARDING FEDERALISM, THE SEPARATION OF POWERS, AND INDIVIDUAL RIGHTS Murray Dry* INTRODUCTION The controversy over same-sex marriage has been percolating in the United States for two decades, and in a short time the U.S. Supreme Court, which recently considered the issue inconclusively, will have to confront it fully. The decision of the United States Court of Appeals for the Sixth Circuit on November 6, 2014, to uphold bans on same-sex marriage in four states and thus produce a split among the circuits, may mean that the Supreme Court will agree to hear a case involving same-sex marriage during the current October 2014 term.1 Perhaps more than any other recent political and legal controversy in the United States this one involves what the noted constitutional scholar Philip Kurland identified as the “three elements” of the U.S. Constitution: the republican form of government, which includes federalism; separation of powers, in particular the division between the popularly responsible political branches and the popularly insulated judiciary; and the importance of individual rights, which is mainly how Americans understand their liberty, and hence what they expect their government to protect.2 In this Article, I examine the debate over same-sex marriage from two different, if overlapping, perspectives, which can be called the moral- political and the constitutional. The first refers to the question of which policy is best, and hence should be adopted by those bodies, legislatures normally, charged with making such decisions. The second refers to the limitations that the Constitution and the institution of judicial review impose on such legislative decisions.
    [Show full text]
  • Selling Homosexuality to America
    SELLING HOMOSEXUALITY TO AMERICA Paul E. Rondeau* "WIlnstitutional sites from which discourse proceeds must be identified .... [Dliscourse is power itself, and the power to control discourse is thus the master power in any society."1 "Truth is not the issue. The issue is power."2 I. INTRODUCTION Among America's culture wars, one of today's most intense controversies rages around the issue alternatively identified, depending on one's point of view, as "normalizing homosexuality" or "accepting gayness." The debate is truly a social-ethical-moral conceptual war that transcends both the scientific and legal, though science- and law most often are the weapons of choice. The ammunition for these weapons, however, is persuasion. This article explores how gay rights3 activists use rhetoric, psychology, social psychology, and the media-all the elements of modern marketing-to position homosexuality in order to frame what is discussed in the public arena and how it is discussed. In essence, when it comes to homosexuality, activists want to shape "what everyone knows" and * Mr. Rondeau has been a senior sales and marketing management professional with industry leaders for over 25 years; MA Management with a specialty in persuasive communication, Regent University; BA Marketing Management, Concordia University. Currently, he is a doctoral student in communications studies with a focus in rhetoric and persuasion and works as Director of Development for Regent University. 1 BARRY BRUMMETT, READING RHETORICAL THEORY 817 (2000) (describing Michel Foucault's theories on power and sexuality). Foucault was a noted French scholar who died of complications from AIDS in 1984. Id. "Foucault's own homosexuality and his discovery that sexuality has been an issue of power throughout much of history led him to write a series of works on the history of sexuality." SONJA K.
    [Show full text]
  • Introduction to Baseball Players in Vaudeville -1 - 123 Critics - 124-129 White Rats - 130-146 Baseball Songs - 147-147
    1 Introduction to baseball players in vaudeville -1 - 123 Critics - 124-129 White Rats - 130-146 Baseball Songs - 147-147 Intro to Vaudeville In fall the caterpillars pipe In fall the quail pop overhead The Pumpkin homeward fly The chestnuts shrilly call. Tis then the scarlet sage is ripe Tis then the oyster, adron the An ready for the pie. garden wall. In fall the actors smoking hot Are sqid by venders shrill And stars forsake the baseball lot For current vaudeville. Baseball and Vaudeville-an unlikely combination you say, but during the 1900’s it was the vogue of star baseball players to augment their winter income by appearing in vaudeville, usually with an experienced vaudeville star doing most of the acting. Many players did a baseball monologue and sometimes doing a little singing or dancing. Many were awkward on stage but stars like Mike Donlin, Charley Dooin, Billy Hallman, Al Mamaux, Joe Tinker and many others felt comfortable on stage and were talented. The Red Sox Quartet with Marty McHale were exceptional musically and were accepted by their fans. While some critic did not appreciate the baseball stars appeal, the fans did and the baseball stars usually played to packed houses of their admirers. There were critics-including the ‘White Rats’ (a union organization) and the baseball magnates. The stars could ask for a bigger salary to play baseball-using what Vaudeville usually paid as leverage. The 2 vaudeville salary was much more than a player earned from baseball something five times their baseball salary. A number of forms of entertainment existed at the turn of the 20th century – baseball, vaudeville, the minstrels, boxing, and later radio and silent films, and popular sheet music.
    [Show full text]