8 Jun

Sentencing Commission Releases Study on Youthful Offenders

By |June 8th, 2017|Criminal Law|

The United States Sentencing Commission has released a study titled “Youthful Offenders in the Federal System.”  Youthful offenders are defined as offenders age 25 or younger at the time they are sentenced.  The age of 25 was chosen because medical and psychiatric research shows that the average person’s brain is not fully developed until he […]

25 Apr

Sentencing Commission Releases New Recidivism Study

By |April 25th, 2017|Blogs, Criminal Law|

In March 2017, the United States Sentencing Commission published a report titled, The Past Predicts the Future: Criminal History and Recidivism of Federal Offenders. The report’s findings were based on a study of over 25,000 federal offenders who were released from prison or placed on probation in 2005. The study was designed to […]

17 Apr

Judges May Consider Mandatory Minimum Sentence for Gun Offense When Determining Appropriate Sentence for Predicate Offense

By |April 17th, 2017|Blogs, Criminal Law|

Under federal law, it is a crime to use or carry a gun in relation to a crime of violence or drug trafficking crime, or to possess a gun in furtherance of such a crime. 18 USC 924(c). This crime carries a distinct penalty that must be imposed in addition to the punishment provided […]

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 (http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0234p-06.pdf).

The statute at issue is the Gun Control […]