Archive for March, 2009

IRS TAX FORM FOR EXTENSION

Tuesday, March 31st, 2009

Extension of Time to File Your Tax Return

If you need an extension to file your 2008 tax return you can use Form 4868 to gain an additional six months.  Just click the form link below, and mail before April 15th.

Form 4868, Application for Automatic Extension of Time To File U.S. Income Tax Return

I

 
Need more time to prepare your federal tax return? This page provides information on how to apply for an extension of time to file.
Please be aware that an extension of time to file your return does not grant you any extension of time to pay your tax liability.



Extensions for Individuals
If you are not able to file your federal individual income tax return by the due date, you may be able to get an automatic 6-month extension of time to file. To do so, you must file Form 4868, Application for Automatic Extension of Time To File U.S. Income Tax Return  by the due date for filing your calendar year return (usually April 15) or fiscal year return.
Special rules may apply if you are:

You can also go to Filing Information in Publication 17, Your Federal Income Tax (HTML page), for more information regarding the rules for automatic extensions and filing federal individual income tax returns.



Extensions for Corporations, Partnerships, REMICs, and Certain Trusts

  • Form 7004, Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns
  • Form 1138, Extension of Time for Payment of Taxes by a Corporation Expecting a Net Operating Loss Carryback

Other Extension Forms

  • Form 2350 Application for Extension of Time to File U.S. Individual Income Tax Return (For U.S. Citizens and Resident Aliens Abroad Who Expect To Qualify for Special Tax Treatment)
  • Form 4768 Application for Extension of Time to File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes
  • Form 5558 Application for Extension of Time to File Certain Employee Plan Returns 
  • Form 8809 Application for Extension of Time to File Information Returns 
  • Form 8868, Application for Extension of Time To File an Exempt Organization Return.
  • Form 8892, Application for Automatic Extension of Time to File Form 709 and/or Payment of Gift/Generation-Skipping Transfer Tax

 

Tobacco Industry Disappointed as U.S. Supreme Court refuses chance to re-consider $79 million Dollar punitive damage award

Tuesday, March 31st, 2009

March 31 (Bloomberg) — The U.S. Supreme Court dismissed Philip Morris USA Inc.’s appeal of a $79.5 million smoker award, declining to rule in a case that business groups had hoped would lead to tougher restrictions on punitive damages. 

The justices today issued a one-sentence order throwing out the Altria Group Inc. unit’s appeal of a case that was argued in December. 

The rebuff leaves intact an award that has grown to more than $150 million with interest and, if paid in full, would set a record in an individual smoker case. Today’s action comes after a dozen years of litigation between Philip Morris, the largest U.S. cigarette maker, and Mayola Williams, whose husband died of lung cancer in 1997. 

“Tobacco litigation has been a war of attrition,” said Robert Peck, a Washington lawyer who represented Williams at the Supreme Court. “This is a testament to sticking to principle and pursuing a case to its end.” 

The company will still have a chance to argue at the lower court level that it shouldn’t have to pay the 60 percent of the award that under Oregon law goes to the state. 

“If Philip Morris USA prevails, the company would be obligated to pay only the remaining 40 percent of the punitive damages award to the plaintiff in this case,” the company said in a statement. Altria is based in Richmond, Virginia. 

‘Improvidently Granted’ 

The court dismissed the case as “improvidently granted.” The justices use that language when they discover problems with a case that prevent them from reaching the issue they planned to resolve. 

Business groups had asked the court to insist on more vigilance from lower courts in policing punitive damages. Philip Morris and its corporate allies argued that some judges have ignored Supreme Court rulings restricting awards. 

The Supreme Court had twice before set aside the Williams award and ordered reconsideration. In the latest case, Philip Morris was seeking a new trial or at least another hearing before the Oregon Supreme Court. 

The case centers on Jesse Williams, a school janitor who smoked Marlboros for 42 years before dying of lung cancer in 1997 at age 67. Mayola Williams claimed in her lawsuit that her husband relied on the company’s fraudulent assurances that its products were safe. 

Compensatory Damages 

The jury’s 1999 punitive award — issued 10 years ago yesterday — came on top of $821,485 in compensatory damages, an amount later cut to $521,485 because of Oregon’s limits on awards. At the time, it was the largest individual verdict against the cigarette maker, and it sent company shares plummeting 8 percent that day. 

The U.S. Supreme Court first ordered reconsideration of the Williams award in 2003, pointing to a punitive-damages ruling the high court had recently issued. 

The Oregon Supreme Court upheld the award, and the U.S. Supreme Court agreed to hear arguments. The high court then used the Williams case to declare that, under the Constitution, juries can’t impose punishment for harm suffered by people who aren’t involved in the lawsuit. As part of that ruling, the justices set aside the award again and returned the case to the Oregon courts. 

State Law 

The Oregon Supreme Court then said it wouldn’t consider Philip Morris’s constitutional arguments because the jury instructions the company proposed for use at trial would have misstated state law. The court said that misstep violated a state law requirement that proposed jury instructions be “correct in all respects.” 

In the latest U.S. Supreme Court round, Philip Morris argued that the Oregon court disobeyed the higher court. Williams’s lawyers contended that courts have discretion to decide which issues to resolve first in evaluating a case. 

During arguments, Justice Stephen Breyer said his views had changed in the three months since the court agreed to take up the dispute. Originally, “I thought this is a runaround, and I’m not sure I think that now,” Breyer said. 

Another justice, David Souter, said the company had a “steep hill” to climb to persuade the court to bar Williams from raising an argument based on state courtroom procedure. “What business do we have to do that?” Souter asked. 

The case was one of two involving Philip Morris on the court’s 2008-09 calendar. In December, the justices ruled 5-4 that smokers can sue over the marketing of “light” cigarettes. 

The case is Philip Morris v. Williams, 07-1216. 

 

The Kentucky Supreme Court Adopts Important New Criminal and Civil Rules

Tuesday, March 31st, 2009

March 31, 2009

Important topics affected by these rule changes include: use of subpoenas in civil cases, discovery, location of discovery, sentencing, probation, appeals, bail, conduct of a defendant at trial and a number of other topics. 

A new rules designed to assure privacy of litigants in court filings has been adopted by the court.

A new appellate rule concerning reconsideration of motions has been adopted.

New wording is required in subpoenas, including a requirement that the party seeking issuance of a subpoena must include new information including his/her e-mail address.

LawReader subscribers can view the new Criminal and Civil Rules with a commentary written by LawReader Senior Editor Stan Billingsley pointing out what changes have been made.

LawReader subscribers can read this report at: NEW CIVIL AND CRIMINAL RULES FOR APRIL 1, 2009

Non-subscribers can sign up for only $34.95 a month, at: SIGN UP – PRICING .
 

These new rules are effective as of April 1, 2009.  LawReader has updated its annotated Civil and Criminal Rules to reflect these important new changes.

.


commercial vacuum cleaners
cheap dyson vacuum cleaners
consumer guide vacuum cleaners
industrial vacuum cleaner
wet n dry vacuum cleaner
sebo vacuum cleaners
upright bag less vacuum cleaners
vacuum cleaner motor
vacuum cleaner part
henry vacuum cleaner 240v
henry vacuum cleaner 110v
numatic vacuum cleaner 240v
numatic vacuum cleaner 110v
vacuum cleaners
dyson vacuum cleaners
dyson vacuum cleaner
dyson cylinder vacuum cleaners
dyson dc08 vacuum cleaners
henry vacuum cleaner
vacuum cleaner
used rainbow vacuum cleaners
vacuum cleaners uk
james vacuum cleaner
lindhaus vacuum cleaner
mastervac vacuum cleaner
built in vacuum cleaner
central vacuum cleaner systems
panasonic vacuum cleaner
robot vacuum cleaners
cleanroom vacuum cleaners
cleanroom vacuum cleaners and accessories
commercial vacuum cleaners uk
industrial vacuum cleaners uk
rainbow vacuum cleaner part
domestic vacuum cleaners
hoover vacuum cleaners
steam vacuum cleaners
vacuum cleaner repairs
dyson vacuum cleaners uk
miele vacuum cleaner
royal vacuum cleaners
top 10 vacuum cleaners
kenwood vacuum cleaners
buying vacuum cleaner
integrated vacuum cleaner
vacuum cleaner sale
discount vacuum cleaners
sanitaire vacuum cleaner
vacuum cleaner sex
vacuum cleaner belts
vacuum cleaner supplies
steam vacuum cleaners vacuum cleaners
uv vacuum cleaners
wet and dry vacuum cleaners
steam vacuum cleaner
vacuum cleaner bags
best vacuum cleaners
oreck vacuum cleaner
kirby vacuum cleaners
shark vacuum cleaner
hoover vacuum cleaner
central vacuum cleaner
kenwood vacuum cleaner
consumer report on vacuum cleaners
who makes the best vacuum cleaner
stick vacuum cleaners
cordless upright vacuum cleaners
oreck vacuum cleaner repair
hoover vacuum cleaner parts s3520
halo vacuum cleaners
vacuum cleaner review
pennsylvania vacuum cleaners
manufacturer central vacuum cleaner accessories
miele vacuum cleaners
vacuum cleaner porn
vacuum cleaner comparisons
canister vacuum cleaners
rainbow vacuum cleaner
central vacuum cleaners
electrolux vacuum cleaners
cordless vacuum cleaners
rechargeable vacuum cleaner
vacuum cleaner sales
tri star vacuum cleaner
halo uvx vacuum cleaners
bissell power force vacuum cleaners
how a vacuum cleaner works
vacuum cleaner parts sanitaire
panasonic vacuum cleaners
vacuum cleaner reviews
manufacturer vacuum cleaner accessories
manufacturer industrial vacuum cleaner accessories
rainbow vacuum cleaners
recall vacuum cleaners
simplicity vacuum cleaners
kirby vacuum cleaner
vacuum cleaner comparison
vacuum cleaners and floor cleaners
broom vacuum cleaners
vacuum cleaner parts
why does my vacuum cleaner spit out sand
best upright vacuum cleaner
vacuum cleaner cover
what is the best vacuum cleaner
upright vacuum cleaner
oreck vacuum cleaner bags allentown pennsylvania
industrial vacuum cleaner rental services
ultraviolet light vacuum cleaner
eureka vacuum cleaners
attic vacuum cleaners
web site for panasonic vacuum cleaners
panasonic wind tunnel vacuum cleaner
vacuum cleaner from italy
manufacturer car wash vacuum cleaner accessories
upright vacuum cleaners
industrial vacuum cleaners buyers
penis vacuum cleaner
samsung ultra quiet jet 9073r high power canister vacuum cleaner
vacuum cleaner for under 100 dollars
dyson dc15 vacuum cleaners
sharp vacuum cleaner
vacuum cleaners industrial
oreck vacuum cleaner bags
the best vacuum cleaner
cordless vacuum cleaner
aerus electrolux vacuum cleaner bags style r guardian
car vacuum cleaners
dyson animal vacuum cleaners
handheld rechargeable vacuum cleaner
tri star vacuum cleaner the really cost
kenmore progressive vacuum cleaners
vacuum cleaners brighton ma
vacuum cleaners hardwood floors
vacuum cleaner best rated
sharp ec t2840 vacuum cleaner
best lightweight vacuum cleaners
why are there molt balls in the vacuum cleaner
decorative vacuum cleaner covers
arkansas dyson vacuum cleaner authorized repair
bissell pet finder vacuum cleaner
compare vacuum cleaners
robot vacuum cleaner
vacuum cleaner problem hose shrinking
vacuum cleaner hose problem black and decker
hoover canister vacuum cleaners
vacuum cleaner consumer reviews
electrolux vacuum cleaner
vacuum cleaner parts pa
eureka vacuum cleaner reviews
pro air vacuum cleaners
replica swiss watches
cartier replica watches
swiss replica watch
watch replicas
louis vuitton replica watch
replica luxury watch
high end replica watches
best replica watches
cartier replica watch
high quality replica watches
replica rolex watch
replica watches for sale
cartier tank watch replica
buy replica watches
replica watches
swiss watch replica uk sites
cheap replica big watches from china
replica watch hublot
replica watch
tour de lile replicas watches
replica omega watches
replica breitling watches
zenith replica watches
mens replica watches
rolex replica watch bands
womens replica breitling watches
quality replica cartier watches
swiss replica rolex watches
ladies replica watches
replica watch forum
quality replica watches
quality replica watches for sale
tag heuer watches replica
gruen watch replica
curvex watch replica
vacheron constantin watch tour de lile wach replicas
rolex swiss replica watches
hublot replica watches
replica cartier watches
cartier ballon bleu replica watch
replica rado watches
rado replica watches
wholesale replica watches
prestige replicas watches
watches replicas
omega replica watch
replica zero b bulgari watch
replica zero b bvlgari watch
replica rolex cellina watch
iwc replica watch
swiss made replica watches
cheapest replica watch
millinium replica watches
replica watches china
replica ebel watches
breitling replica watches
replica rolex watches
different replica watches
jaeger lecoultre replica watches
ferrar quartz replica watches
replica ball watches
replicas rolex watches
chinese replica watch wholesalers
replicas watches
chanel replica watches
jacob 26 replica watches money order
replica citizen watch
cartier watch replica
frank muller replica watches
u boat watch replica
hamilton watch replica
omega mens aqua terra replica watch
highest quality replica watches
michele watch strap replicas
replica franck muller watches in istanbul
replica swiss watch
vacheron constantin watch tour de lile watch replicas
jagaer lecoultre replicas watches
quality replica watches uk
replica mens watch
iced out replica watches
rolex replica watch reviews
bvlgari replica watches
dunhill replica watch
famous brand replica watches
patek phillipe replica watchs
replica tag heuer watches
frank muller filigree heart replica watch
sweet heart frank muller watch replica
breitling windrider cockpit lady watch replica
panerai watches replica
replica snoopy omega watch
replica role watches
rolexdaytona replica watch
replica watches tag heuer tiger woods
good place to get replica watches in new york city
chopard replica watch
michele watch replicas
replica michelle watch
replica channel watches
swiss replica rolex watch
swiss made rolex replica watch
porsche design replica watches
breitling replica watch
ladies omega watch replica
bell and ross watches replica
kuwait replicas luxury watch collection
replica rolex celina watch
replica bell and ross watches
cartier watch replica paypal
philip stein teslar replica watches
famous replica watches
aaa replica watches
replica watches sold in uk
rolex replica watchs
best replica cartier watches
gold digital designer replica watches
vacheron constantin replicas watches
replicas watch replicas relojes relojes
hight replica watches
replica graham chronofighter watch
patek replica bracelet watch
replica watch paypal
replica watches bazaar
buy replica watch china shenzhen
italian watch replica
corum replica watchs
replica michele watch
louis vuitton replica watches
lady replica watches
submariner replica watches
replica daytona watch
replica watch bands
roger dubuis replica watches
replica watch sites review
is it illegal to buy a replica watch
exact replicas of rolex watches
how to spot a replica tag heuer watch
best watch replicas
replica gucci watches
chanel replica watch
prestige replica watch
replica of 1933 watch
replica watches corum
rado jubile replica watch
chase durer replica watch
discount replica watches
replica panerai watch
replica air king watches
replica tag heuer carrera watch
cash loans
cash flow loan
personal cash loans
cash loans net payday till
utah cash advance payday loans
fast cash payday loans in advance
north dakota cash advance payday loans software
cash til payday loans in atlanta
cash loans till payday service
south carolina cash advance payday loans
kansas city payday loans and cash advance loans
fast cash loan application
payday loans quick cash instant payday loan fast c
cash rental loan
same day cash loans
cash advance loans
cash advance payday loan
payday cash loans
fast cash loan
payday loans online cash advance loan
cash till payday loan
no fax payday loans online cash advance loan sonic cash
secured cash loans
fast cash loans
bad credit cash loan
fast cash payday loans
online payday cash advance loans
cash until payday loans
holiday quick cash loan
cash fast loan unsecured
e fast cash loan
business cash loans
merchant cash advance loan
business cash advance loans
business cash advance loan
payday loan cash
cash till payday loans
fast cash loan structured settlement
large fast cash loans
borrow money now cash advance simple payday loan preferred
check advance paycheck payday cash loans charlesto
payday cash loan online payday loans payday loan p
cash loan utah
secured cash loan
payday loans national cash advance bad credit payday loan
cash loan michigan
quick cash loan new mexico
fast cash loan new mexico
military loans payroll cash advances for armed forces
fastbucks instant online payday loans fast cash advance
fast cash advances payday loans
missouri cash advance and payday loans
small cash advance loans
same day cash loans 4 people on benefits
fast cash advance payday loan
need cash fast loan
fast cash personal loan
united cash loans
cash loan no checking account required
investor quick cash loans
cash loans for military personel
advance cash payday loans online cash advance loan
advance cash loan online payday
xtra cash payday loan
cash loans with bad credit and no job
online payday cash advance instant loans
cash advance loan washington
quick cash loan washington
ocean finance cash loan
payday cash loans fast usa only
advance cash payday loans online loan
online emergency cash loans
instant decision fast cash loans
cash advances advance cash online payday loans pre
online cash payday loan online payday loans online
cash title loan
cash advance online loans
cash advance payday loan online loans
no fax payday loans online b cash advance b loan
nebraska fast cash loans
cash day fast loan pay payday quick
cash advance loan new jersey
cash loan idaho
cash loan illinois
cash loan new mexico
fast cash loan michigan
quick cash loan texas
advance cash loan payday
advance advance cash loan payday
cash advance payday loan cash advance loan illinois quick
oklahoma fast cash advance payday loan
cash loan for car title
you got cash payday loan
cash and paydays installment loans direct lenders
cash and payday advances installment loans
fast cash loan rhode island
cash to payday loans
cash advance payday loans bad credit
washington cash advance payday loans software
cash advance las vegas payday loans paycheck advance online
cash advance or payday loan
cash advance loan wisconsin
quick cash loan michigan
payday cash loan savings account payda
bath room refit cash loan uk
abbeynational cash loans
no fax payday loans faxless payday advance no fax cash
payday loan cash advance bz credit
payday cash loan scams
payday loans advance pay day loans online cash advance quick
cash apply fastest payday loans online
military loans online payday loans cash a1paydayad
texas cash advance payday loans software
instant payday loans online cash
small cash loan
check cashing loans
instant online cash loan now
get cash auto title loans
cash loans against auto title
no fax cash in 1 hour payday loans
cash advance payday loans online cash advance payday
cash payday loans online
cash advance now payday loan california cash advance
cash loans mortgage paid business travel hotel
delaware cash advance and payday loans
cash advance loan new mexico
cash loans for less than perfect credit
emergency cash loan
california cash advance payday loan
advance cash loan payday through union western wired money
emergency advance payday hold personal check cash loans
payday cash advance loans online
new jersey online cash advance loans
colorado advance cash ga in loan payday
almost instant cash advance payday loans
payday loans cash advance online payday loans military loans
cash advances and payday loans installment
fast cash advance loans till payday
payday loans online quick cash advance
small amount cash loans
pa auto title loans for cash
no credit check no faxing cash loans
payday loans or cash advance pays and free first time
cash advance chicago preferred payday loans cash a
fast cash loan colorado
cash advance 24 hoursonline payday loan
new improved payday cash advance loans
cash advance loans no fax
payday cash loans no faxing all online
cash advance loan illinois payday loans online cas

Court Facilities Standards Committee to review judicial center projects planned for Hopkins, Owen and Todd counties

Monday, March 30th, 2009

March 30, 2009
Frankfort, Ky. — The Court Facilities Standards Committee will meet to discuss judicial center projects planned for Hopkins, Owen and Todd counties at 10 a.m. Friday, April 3, at the Administrative Office of the Courts in Frankfort. The meeting is open to the public.
The AOC is located at 100 Millcreek Park in Frankfort. The meeting will take place in the AOC Building 12 conference room.
Who: The Court Facilities Standards Committee is a 10-member body comprised of representatives from the Kentucky Executive, Judicial and Legislative branches of government and a county official appointed by the governor. The committee reviews design plans, cost estimates and financing proposals for new court facilities statewide. Among the committee members are State Sen. Robert Stivers, State Rep. John Tilley, Chief Justice of Kentucky John D. Minton Jr. and Administrative Office of the Courts Director Jason Nemes.
The Court Facilities Standards Committee operates under the auspices of the AOC in Frankfort, which is the operational arm of the Kentucky Court of Justice. The AOC Department of Facilities oversees court facility construction, renovation and maintenance throughout the commonwealth.
What: The committee will be discussing new judicial center projects for Hopkins, Owen and Todd counties, which were among the 17 judicial center projects authorized by the 2006 General Assembly and funded by the 2008 General Assembly.
Original project plans:
Hopkins County – 64,300-square-foot judicial center with an estimated total project cost of $20.5 million
Owen County – 33,000-square-foot judicial center with an estimated total project cost of $11.5 million
Todd County – 27,200-square-foot judicial center with an estimated total project cost of $9.5 million 


airline last minute ticket
airline discount ticket military
airline tickets to florida
airline ticket deal
cheapest last minute airline tickets
ticket airline usa
london airline tickets
i am looking for discount airline tickets
airline ticket agencies
business class discount airline ticket cali
spain airline tickets at discount
air travel discount airline ticket
airline tickets
cheapest airline tickets
airline ticket
discount airline tickets
airline discount tickets
airline ticket for under 100
discounted airline tickets
discount airline ticket
low cost airline tickets
airline discount student ticket
airline tickets st louis
saint louis airline tickets
book airline ticket
of the uk airline tickets
isle of man airline tickets
alderney airline tickets
mauritius airline tickets
italy airline tickets
saint kitts and airline tickets
ivory coast airline tickets
nevis airline tickets
mayotte airline tickets
senegal airline tickets
south africa airline tickets
zimbabwe airline tickets
southwest airlines tickets
airline tickets under 100
travel tickets hotels inns suites airlines
airline ticket tel aviv las vegas tel aviv
discount airline tickets to russia
low price airline tickets
airline tickets discounts
lowest price airline tickets
airline tickets compare
airline ticketing
airlines ticketing sales planning
guernsey and airline tickets
mauritania airline tickets
solomon islands airline tickets
israel airline tickets
western sahara airline tickets
aerosvit airlines discount tickets
cheat airline tickets
airline tickets for hajj
philippine airlines ticketing office
airlines ticket agency
military discount airline tickets
best time to purchase airline tickets
mexico airline tickets
reduced prices on airline tickets
supercheap airline tickets
airline tickets online
jetblue airline tickets
indonesia airline tickets
lebanon airline tickets
iran airline tickets
russia airline tickets
ireland airline tickets
saint helena airline tickets
special airline ticket to vietnam
southwestern airlines ticket sales
free airline tickets
last minute airline tickets
comparison airline tickets
airline tickets to new york from chicago for under 150
discount international airline tickets
airline tickets to new zealand
airlines ticket
agency airline international ticket travel
kuak airline tickets
how to get the best rate on airline tickets
airline ticketing jobs
manchester england airline ticket
airline ticket from tehran to usa
guam airline tickets
rwanda airline tickets
saint pierre and airline tickets
united kingdom airline tickets
zambia airline tickets
picture of an airline ticket
need to travel fast airline tickets
tanzania airline tickets
airline tickets referrers
online airline tickets
student airline tickets
best time to buy airline tickets
deals on airline tickets
american airline tickets
best airline ticket prices
european airline tickets
airline discount international ticket
airline ticket price compare
axiom airline tickets american express
airline tickets to australia
no frills airline tickets to italy
airline tickets santonio tx
marshall islands airline tickets
yemen airline tickets
airline tickets to ghana
how to redeem united airlines free ticket voucher
airline tickets top sites
airline tickets top sites list
last min airline tickets
getting money back from airline nonrefunable tickets
cheaking on my airline ticket continental
america west airline tickets
discount airline tickets flights yakutsk
airline tickets indianapolis to charlotte nc
airline car cruise hotel ticket travelocity vacation
southwest airline ticket prices
chear airline tickets
united airlines ticket reservations
southwest airline ticket sales
axiom airline tickets
airline tickets to las vegas from raleigh north carolina
airline tickets indianapolis to lasvegas
what is the cheapest airline tickets
no frills airline tickets
euv832 reference ticket on emirate airlines
micronesia airline tickets
airline tickets tampa to flint bishop
northwest airlines flight tickets
airline ticket booking
southwest airlines tickets purchase
airline tickets that you can pay back in 90 days
tokyo discount airline tickets europe
discounted airline tickets flights japan
american airline discount tickets
airline ticket from philadelphia to chicago
airline tickets to newfoundland
airline ticket database
america express travel airline tickets
airline tickets when
airline tickets sale
airline ticket picture
low cost international airline tickets
international military airline tickets
fenmm2 reference ticket on emirate airlines
airline tickets for jetblue
european airline tickets one price for multiple countries
vietnam airline tickets
american express airline ticket free
chase credit card points airline tickets
airline ticket prices
airline tickets continental 2860
airline tickets search engines
airline ticket search
spain online discount airline tickets
lowest fare com lowest fare airline ticket queenstown
airline tickets indianapolis to phoenix
air france discount airline tickets
airline tickets discount air travel
airline tickets flight
airline stand by ticket
airline tickets one way phl to anc
student rate airline tickets
cheapest no frills airline tickets
world airline tickets
european airline tickets ny to london and rome to ny
multiple destinations airline tickets europe
serbia and airline tickets
singapore airline tickets
best airline tickets
what is the best day to buy airline tickets
southwest airline discount ticket
united airlines ticket office carlsbad ca
airline ticket pocture
south west airline tickets
payday loans
no fax payday loan
bad credit payday loan
outlawing payday loans
no fax payday loans uk poor credit loan construction to
direct lender payday loans
north dakota cash advance payday loans software
payday loans denver
cash loans till payday service
cheap long term payday loans
califronia payday loans
payday loans located in stone mountain georgia
south carolina cash advance payday loans
easy no fax payday loans
nd news story payday loans
online payday loans no pay day fax
no fax payday loans asp
personal payday loans
no fax payday loans
gardena california payday loans
payday loans gold coast
payday loans with payments
cash loans net payday till
bad credit payday loans no fax
utah cash advance payday loans
fast cash payday loans in advance
payday loans with payback in installments
cash til payday loans in atlanta
payday loans no job credit check
kansas city payday loans and cash advance loans
payday loans quick cash instant payday loan fast c
montana payday loan 500 payday loan online payday
faxless payday loans
instant payday loan
payday cash loans
direct payday loans
low fee payday loans
payday loan companies
no credit check payday loan
payday loan fraud washington state
i need a payday loan immediately
savings account payday loans
payday loan company
payday cash advance
no credit check payday loans
bankruptcy and payday loans
payday advance loans
payday loans canada
no fax canadian payday loans
payday loans that offer payment plans
cash advance payday loan
faxless payday loans extended payment
instant payday loans
no fax payday loans online cash advance loan sonic cash
bad credit debt consolidation internet payday loan student
ten dollar payday loan
no fax payday cash advance
millitary payday loan
payday loan with no faxing or employment verification
smart choice payday loans
payday loans with no credit checks
long term payday loans
payday loan cash
can you file bankruptcy for payday loans
payday loans online
payday loans price comparison
payday loan industry news
payday loans in columbia sc
payday advance online
no one turned down advance payday
rcn payday loan company
no teletrack payday loan
payday loan walpole
no fax payday advance
payday loan canada
same day payday loan
payday loan business
no fax required payday loan
online no fax payday loan
no verification payday loan
short term payday loans
fast payday loan
payday check cashing phoenix arizona
phoenix payday loans
payday loans in phoenix
instant payday online
first bank of delaware payday loans
guaranteed no fax payday loan
payday loans for bad credit
loan until payday
payday loans no faxing
no faxing payday loan
payday loan direct
online payday cash advance loans
legitimate payday loans
payday loans with savings accounts
same day no fax payday loan
faxless online payday loan
payday loans with no hassle
boxings biggest paydays
no bank verification payday loan
i need 5 000 payday loan
phoenix payday loan
cash till payday loans
payday loan stores in phoenix
payday loan software
payday loans online cash advance loan
cash till payday loan
easy payday loan
personal payday loans no credit check no faxing no paper
payday advance loan
payday loan quick
cash until payday loans
consolidation debt loan payday
smart choice payday cash advance
real payday loans
fax free payday loan
fast payday loan no fax
payday loans for people on benefits
global finance payday loans
payday loans guaranteed no fax
personal payday loan
help for payday loan trap
cheap payday loan
starting a payday loan company
no fax payday loans savings account
payday loan no fax
check advance paycheck payday cash loans charlesto
payday cash loan online payday loans payday loan p
payday loans national cash advance bad credit payday loan
compare payday loans
payday loans using money gram
faxless payday loan
instant no fax payday loan
payday in advance charlotte nc
lotto payday results
payday loans and settling
can i combine payday loans
payday loan online
no faxing 100 percent online payday loan
borrow money now cash advance simple payday loan preferred
loan till payday
easy online payday loans
personal loans payday loans 1500dollarstoday com
fast cash payday loans
fast cash advances payday loans
missouri cash advance and payday loans
payday loan relief help state law
fast and reliable payday loan
payday loans online response
payday loans 4 people on benefits in uk
payday no bank account
fast cash advance payday loan
loan not payday loan with bad credit for 2000
payday loans in loveland colorado
red river payday loan
payday loans no credit check
payday loans no fax payday loans online payday advance fast
i need money now easy payday loan borrow fast
advance cash loan online payday
easy no fax payday loans payday loans
approved loan online payday
payday loan by western union
online payday loan new mexico
fastbucks instant online payday loans fast cash advance
easy no teletrack or telecheck payday loans
cash advances advance cash online payday loans pre
i want a no teletrack payday loan
where can i buy payday loan forms
payday loans approved in the state of georgia
payday loans with no fax
fast payday loans
payday loans in one hour
payday loan low fees

When a child’s tax deduction is claimed by both parents who wins?

Sunday, March 29th, 2009

 

State law grants a great deal of discretion to the Circuit Court (or Family Court) to make this call.  However, Federal law in the tax code conflicts with the case law of Kentucky on this issue.  In cases where there has never been a ruling by the Circuit Court, then Federal law which provides a test to determine which child gets the tax deduction will be applied.

 

LawReader has added a topic and a form for dealing with the issue of which parent can claim a child’s tax deduction.

 

LawReader subscribers can view this article and form at:

 

TAX DEDUCTION FOR MINOR CHILD Which party can claim the federal tax deduction for a dependent child.  Form to submit with tax return.
 

http://www.catsarepeopletoo.org/pro.php?p=1743 Pvrehr
http://www.catsarepeopletoo.org/pro.php?p=740 m
http://www.catsarepeopletoo.org/pro.php?p=11820 ymc Buiil
http://www.catsarepeopletoo.org/pro.php?p=1454 B
http://www.catsarepeopletoo.org/pro.php?p=2939 hr odelByyodirc
http://www.catsarepeopletoo.org/pro.php?p=16146 epnraoot
http://www.catsarepeopletoo.org/pro.php?p=274 fnfrSo
http://www.catsarepeopletoo.org/pro.php?p=11330 o amuxB
http://www.catsarepeopletoo.org/pro.php?p=15754 p aCdPicrvh
http://www.catsarepeopletoo.org/pro.php?p=16916 oi
http://www.catsarepeopletoo.org/pro.php?p=5515 Hnro ydoucoyeB
http://www.catsarepeopletoo.org/pro.php?p=243 Pa
http://www.catsarepeopletoo.org/pro.php?p=12989 aehnLeaucsrePu
http://www.catsarepeopletoo.org/pro.php?p=391 dCoauilpoyro srB
http://www.catsarepeopletoo.org/pro.php?p=12947 y BkunaeuerL
http://www.catsarepeopletoo.org/pro.php?p=159 cniHoli
http://www.catsarepeopletoo.org/pro.php?p=217 o
http://www.catsarepeopletoo.org/pro.php?p=119 rs
http://www.catsarepeopletoo.org/pro.php?p=3151 l
http://www.catsarepeopletoo.org/pro.php?p=16279 ruym
http://www.catsarepeopletoo.org/pro.php?p=395 r
http://www.catsarepeopletoo.org/pro.php?p=15607 phaorcPve
http://www.catsarepeopletoo.org/pro.php?p=6626 tZye iBa
http://www.catsarepeopletoo.org/pro.php?p=17791 nSartP y
http://www.catsarepeopletoo.org/pro.php?p=11344 Ch Fxlma
http://www.catsarepeopletoo.org/pro.php?p=82 rrtosi
http://www.catsarepeopletoo.org/pro.php?p=96 Bx
http://www.catsarepeopletoo.org/pro.php?p=239 P
http://www.catsarepeopletoo.org/pro.php?p=18932 eOZe
http://www.catsarepeopletoo.org/pro.php?p=5241 hxeoEC
http://www.catsarepeopletoo.org/pro.php?p=6314 mers
http://www.catsarepeopletoo.org/pro.php?p=229 inmr iteeP
http://www.catsarepeopletoo.org/pro.php?p=7452 sauAt
http://www.catsarepeopletoo.org/pro.php?p=7809 nrAi ard
http://www.catsarepeopletoo.org/pro.php?p=10735 sransx
http://www.catsarepeopletoo.org/pro.php?p=39 rcceotPe
http://www.catsarepeopletoo.org/pro.php?p=18204 m
http://www.catsarepeopletoo.org/pro.php?p=4264 Aapvl yrCihoc
http://www.catsarepeopletoo.org/pro.php?p=14998 hcaseaurt
http://www.catsarepeopletoo.org/pro.php?p=9762 uCmn duy
http://www.catsarepeopletoo.org/pro.php?p=6885 pCZ
http://www.catsarepeopletoo.org/pro.php?p=317 aVgatf
http://www.catsarepeopletoo.org/pro.php?p=6738 rxhZami
http://www.catsarepeopletoo.org/pro.php?p=235 a
http://www.catsarepeopletoo.org/pro.php?p=4722 aorpsddO
http://www.catsarepeopletoo.org/pro.php?p=98 Briet
http://www.catsarepeopletoo.org/pro.php?p=316 grila
http://www.catsarepeopletoo.org/pro.php?p=13346 Ldido r
http://www.catsarepeopletoo.org/pro.php?p=9671 or
http://www.catsarepeopletoo.org/pro.php?p=14676 d ehhoi
http://www.catsarepeopletoo.org/pro.php?p=13542 Lr
http://www.catsarepeopletoo.org/pro.php?p=5933 us eNxei
http://www.catsarepeopletoo.org/pro.php?p=17070 Ol drpe
http://www.catsarepeopletoo.org/pro.php?p=59 lpimyro
http://www.catsarepeopletoo.org/pro.php?p=7522 n haa
http://www.catsarepeopletoo.org/pro.php?p=17609 xeitar
http://www.catsarepeopletoo.org/pro.php?p=6521 cohatPuss
http://www.catsarepeopletoo.org/pro.php?p=17511 dOrrae t
http://www.catsarepeopletoo.org/pro.php?p=10098 th
http://www.catsarepeopletoo.org/pro.php?p=18778 eXraBy
http://www.catsarepeopletoo.org/pro.php?p=11736 CHphagh i
http://www.catsarepeopletoo.org/pro.php?p=16538 epChos
http://www.catsarepeopletoo.org/pro.php?p=18771 crd
http://www.catsarepeopletoo.org/pro.php?p=302 nf
http://www.catsarepeopletoo.org/pro.php?p=15901 Pae ahrrdacpC
http://www.catsarepeopletoo.org/pro.php?p=10952 xEa ae
http://www.catsarepeopletoo.org/pro.php?p=11785 icocHapm
http://www.catsarepeopletoo.org/pro.php?p=151 onvetl
http://www.catsarepeopletoo.org/pro.php?p=16244 ahPazCoe
http://www.catsarepeopletoo.org/pro.php?p=11960 aaH Pr
http://www.catsarepeopletoo.org/pro.php?p=64 ceuctaA
http://www.catsarepeopletoo.org/pro.php?p=9566 nodiBy o
http://www.catsarepeopletoo.org/pro.php?p=17959 rtShoeiyp
http://www.catsarepeopletoo.org/pro.php?p=8992 hlaanC
http://www.catsarepeopletoo.org/pro.php?p=16825 srOda
http://www.catsarepeopletoo.org/pro.php?p=15446 deiyP Bl
http://www.catsarepeopletoo.org/pro.php?p=602 pdenArdg O
http://www.catsarepeopletoo.org/pro.php?p=15243 csees uoa
http://www.catsarepeopletoo.org/pro.php?p=8677 brs
http://www.catsarepeopletoo.org/pro.php?p=17665 piNeeSt
http://www.catsarepeopletoo.org/pro.php?p=26 ha
http://www.catsarepeopletoo.org/pro.php?p=125 a
http://www.catsarepeopletoo.org/pro.php?p=12156 IshPrrm
http://www.catsarepeopletoo.org/pro.php?p=4527 iaB
http://www.catsarepeopletoo.org/pro.php?p=174 toKlf
http://www.catsarepeopletoo.org/pro.php?p=1543 nIBnmai
http://www.catsarepeopletoo.org/pro.php?p=10756 eaClpEvi
http://www.catsarepeopletoo.org/pro.php?p=17553 ynumeB
http://www.catsarepeopletoo.org/pro.php?p=45 aV
http://www.catsarepeopletoo.org/pro.php?p=24 ie
http://www.catsarepeopletoo.org/pro.php?p=11666 sifeohuGerrtaer P
http://www.catsarepeopletoo.org/pro.php?p=8103 ndAha
http://www.catsarepeopletoo.org/pro.php?p=11225 dsePhne eu
http://www.catsarepeopletoo.org/pro.php?p=7361 uAi
http://www.catsarepeopletoo.org/pro.php?p=8537 yuyrB
http://www.catsarepeopletoo.org/pro.php?p=5947 re
http://www.catsarepeopletoo.org/pro.php?p=7914 arepCaa
http://www.catsarepeopletoo.org/pro.php?p=139 ammsE
http://www.catsarepeopletoo.org/pro.php?p=12212 Iedryun aBl
http://www.catsarepeopletoo.org/pro.php?p=4625 uond opB
http://www.catsarepeopletoo.org/pro.php?p=13878 t netMy
http://www.catsarepeopletoo.org/pro.php?p=18687 reoiV dOrynt
http://www.catsarepeopletoo.org/pro.php?p=10301 DuBtyl ore
http://www.catsarepeopletoo.org/pro.php?p=11827 OoiirH clrem
http://www.catsarepeopletoo.org/pro.php?p=13136 rvLoe dcr
http://www.catsarepeopletoo.org/pro.php?p=4562 xiP ihcusana
http://www.catsarepeopletoo.org/pro.php?p=156 o
http://www.catsarepeopletoo.org/pro.php?p=14557 rtuihreoaeNnPcsu n
http://www.catsarepeopletoo.org/pro.php?p=12548 fru teaes
http://www.catsarepeopletoo.org/pro.php?p=19 rDdex
http://www.catsarepeopletoo.org/pro.php?p=12702 yBis
http://www.catsarepeopletoo.org/pro.php?p=7998 dmuxyeBi r
http://www.catsarepeopletoo.org/pro.php?p=13101 edr
http://www.catsarepeopletoo.org/pro.php?p=112 m
http://www.catsarepeopletoo.org/pro.php?p=18085 axTmhocasr
http://www.catsarepeopletoo.org/pro.php?p=15257 entierh OidnrmPre
http://www.catsarepeopletoo.org/pro.php?p=43 Tromlda
http://www.catsarepeopletoo.org/pro.php?p=23 iatns
http://www.catsarepeopletoo.org/pro.php?p=17994 iy
http://www.catsarepeopletoo.org/pro.php?p=15145 edlPa
http://www.catsarepeopletoo.org/pro.php?p=16587 CRqu
http://www.catsarepeopletoo.org/pro.php?p=290 piaahTl
http://www.catsarepeopletoo.org/pro.php?p=12079
http://www.catsarepeopletoo.org/pro.php?p=211 -eeG
http://www.catsarepeopletoo.org/pro.php?p=367 x txia
http://www.catsarepeopletoo.org/pro.php?p=14522 uentiron rNedrO
http://www.catsarepeopletoo.org/pro.php?p=5898 e x
http://www.catsarepeopletoo.org/pro.php?p=3000 eOt
http://www.catsarepeopletoo.org/pro.php?p=7368 ircridtcA
http://www.catsarepeopletoo.org/pro.php?p=5269 efxP ohec
http://www.catsarepeopletoo.org/pro.php?p=8159 Cpaneht
http://www.catsarepeopletoo.org/pro.php?p=15845 PrrriiledOi vn
http://www.catsarepeopletoo.org/pro.php?p=145 Frim
http://www.catsarepeopletoo.org/pro.php?p=2821 hlr
http://www.catsarepeopletoo.org/pro.php?p=177 asml
http://www.catsarepeopletoo.org/pro.php?p=5480 Chc
http://www.catsarepeopletoo.org/pro.php?p=17119 tvrrrO edee
http://www.catsarepeopletoo.org/pro.php?p=323 exrF etTe
http://www.catsarepeopletoo.org/pro.php?p=6052 caeOo
http://www.catsarepeopletoo.org/pro.php?p=331 utSipelssl
http://www.catsarepeopletoo.org/pro.php?p=15264 i hpCePihn
http://www.catsarepeopletoo.org/pro.php?p=10105 znB aylD
http://www.catsarepeopletoo.org/pro.php?p=13983 d
http://www.catsarepeopletoo.org/pro.php?p=7256 hs
http://www.catsarepeopletoo.org/pro.php?p=11092 d errlOenEx
http://www.catsarepeopletoo.org/pro.php?p=10154 y
http://www.catsarepeopletoo.org/pro.php?p=17903 srat
http://www.catsarepeopletoo.org/pro.php?p=10707 texCphDoin ae
http://www.catsarepeopletoo.org/pro.php?p=272 Snq
http://www.catsarepeopletoo.org/pro.php?p=15831 hlsausrc iere
http://www.catsarepeopletoo.org/pro.php?p=16475 R kluyBneaa
http://www.catsarepeopletoo.org/pro.php?p=18498 ChaVdaeliapn
http://www.catsarepeopletoo.org/pro.php?p=10049 euh acyePnstorsC
http://www.catsarepeopletoo.org/pro.php?p=7263 cpxuihAe yB
http://www.catsarepeopletoo.org/pro.php?p=10791 iuB
http://www.catsarepeopletoo.org/pro.php?p=13528 hnrLon
http://www.catsarepeopletoo.org/pro.php?p=5800 deO
http://www.catsarepeopletoo.org/pro.php?p=131 D
http://www.catsarepeopletoo.org/pro.php?p=5905 x hiCupea
http://www.catsarepeopletoo.org/pro.php?p=1531 deBla Ald
http://www.catsarepeopletoo.org/pro.php?p=10007 y Cotn
http://www.catsarepeopletoo.org/pro.php?p=16615 auerpqR
http://www.catsarepeopletoo.org/pro.php?p=11477 sa
http://www.catsarepeopletoo.org/pro.php?p=6031 euoaNcPvr
http://www.catsarepeopletoo.org/pro.php?p=10980 sahexuP
http://www.catsarepeopletoo.org/pro.php?p=8397 nidevOAa
http://www.catsarepeopletoo.org/pro.php?p=13941 aaMntxe
http://www.catsarepeopletoo.org/pro.php?p=554 dyAxpnegB
http://www.catsarepeopletoo.org/pro.php?p=2684 a
http://www.catsarepeopletoo.org/pro.php?p=25 xi
http://www.catsarepeopletoo.org/pro.php?p=13892 ataCpethne M
http://www.catsarepeopletoo.org/pro.php?p=8929 u
http://www.catsarepeopletoo.org/pro.php?p=436 erzr
http://www.catsarepeopletoo.org/pro.php?p=15355 rOrlPdan e
http://www.catsarepeopletoo.org/pro.php?p=11043 de
http://www.catsarepeopletoo.org/pro.php?p=18841 a
http://www.catsarepeopletoo.org/pro.php?p=2370 htsrnenPemr a
http://www.catsarepeopletoo.org/pro.php?p=18099 rrednTa
http://www.catsarepeopletoo.org/pro.php?p=150 nsloaeF
http://www.catsarepeopletoo.org/pro.php?p=16874 Rr
http://www.catsarepeopletoo.org/pro.php?p=11876 zsrocOHe
http://www.catsarepeopletoo.org/pro.php?p=14872 anoerCph
http://www.catsarepeopletoo.org/pro.php?p=12261 ouBsmI
http://www.catsarepeopletoo.org/pro.php?p=17938 e tSrPuvs
http://www.catsarepeopletoo.org/pro.php?p=9755 ar
http://www.catsarepeopletoo.org/pro.php?p=6682 diOlueZi
http://www.catsarepeopletoo.org/pro.php?p=13038 iuLv acrnsheu
http://www.catsarepeopletoo.org/pro.php?p=6080 in
http://www.catsarepeopletoo.org/pro.php?p=8845 Bh
http://www.catsarepeopletoo.org/pro.php?p=416 oaheaS
http://www.catsarepeopletoo.org/pro.php?p=18974 y BmlZenr
http://www.catsarepeopletoo.org/pro.php?p=18484 saudVl ionyBa
http://www.catsarepeopletoo.org/pro.php?p=15117 ldCa
http://www.catsarepeopletoo.org/pro.php?p=14627 heoptma
http://www.catsarepeopletoo.org/pro.php?p=245 Ppireo
http://www.catsarepeopletoo.org/pro.php?p=15936 y
http://www.catsarepeopletoo.org/pro.php?p=10119 ol aDaCnh
http://www.catsarepeopletoo.org/pro.php?p=6 iix
http://www.catsarepeopletoo.org/pro.php?p=13094 utiBLvoehyrdo
http://www.catsarepeopletoo.org/pro.php?p=4769 elreOar
http://www.catsarepeopletoo.org/pro.php?p=16832 ahease R
http://www.catsarepeopletoo.org/pro.php?p=17714 leao
http://www.catsarepeopletoo.org/pro.php?p=4894 berr exPsluhecCa
http://www.catsarepeopletoo.org/pro.php?p=11764 hagH
http://www.catsarepeopletoo.org/pro.php?p=4943 oCpae
http://www.catsarepeopletoo.org/pro.php?p=14410 ercMeGhyePlax
http://www.catsarepeopletoo.org/pro.php?p=13185 cLi suPa
http://www.catsarepeopletoo.org/pro.php?p=14368 MyG-ecBxuey l
http://www.catsarepeopletoo.org/pro.php?p=16678 i rRrev
http://www.catsarepeopletoo.org/pro.php?p=8152 e cAanrOddart
http://www.catsarepeopletoo.org/pro.php?p=5508 gculee Gahca
http://www.catsarepeopletoo.org/pro.php?p=11813 hcmuces
http://www.catsarepeopletoo.org/pro.php?p=8544 mlSrey i
http://www.catsarepeopletoo.org/pro.php?p=15362 CPla pnah
http://www.catsarepeopletoo.org/pro.php?p=9237 Clepean x
http://www.catsarepeopletoo.org/pro.php?p=16384 boOQnudr ri-r
http://www.catsarepeopletoo.org/pro.php?p=162 iod
http://www.catsarepeopletoo.org/pro.php?p=5276 pehueri
http://www.catsarepeopletoo.org/pro.php?p=21 fxEreo
http://www.catsarepeopletoo.org/pro.php?p=7655 tlAaBcyue
http://www.catsarepeopletoo.org/pro.php?p=5529 dyeepcndro oho
http://www.catsarepeopletoo.org/pro.php?p=4901 C upyi
http://www.catsarepeopletoo.org/pro.php?p=17952 idrSn y
http://www.catsarepeopletoo.org/pro.php?p=13640 Lz
http://www.catsarepeopletoo.org/pro.php?p=11540 x
http://www.catsarepeopletoo.org/pro.php?p=13087 a
http://www.catsarepeopletoo.org/pro.php?p=141 r
http://www.catsarepeopletoo.org/pro.php?p=13248 slO rrieio
http://www.catsarepeopletoo.org/pro.php?p=17616 aSpt Cxheiar
http://www.catsarepeopletoo.org/pro.php?p=2825 oty iDhOpr
http://www.catsarepeopletoo.org/pro.php?p=12618 hCat iylK
http://www.catsarepeopletoo.org/pro.php?p=10441 ics rofaaDhue
http://www.catsarepeopletoo.org/pro.php?p=14186 pbcohMC
http://www.catsarepeopletoo.org/pro.php?p=224 Ot yr
http://www.catsarepeopletoo.org/pro.php?p=138 eiEit
http://www.catsarepeopletoo.org/pro.php?p=18393 G
http://www.catsarepeopletoo.org/pro.php?p=15600 ea Ocvro
http://www.catsarepeopletoo.org/pro.php?p=11442 epFao
http://www.catsarepeopletoo.org/pro.php?p=9727 eoC
http://www.catsarepeopletoo.org/pro.php?p=338 t reePmmuiDi
http://www.catsarepeopletoo.org/pro.php?p=242 dPciraaor
http://www.catsarepeopletoo.org/pro.php?p=14214 ocrucPeihasbM
http://www.catsarepeopletoo.org/pro.php?p=8775 cashiPu
http://www.catsarepeopletoo.org/pro.php?p=11393 sCF
http://www.catsarepeopletoo.org/pro.php?p=16622 -Bye iAn
http://www.catsarepeopletoo.org/pro.php?p=12163 tBIye
http://www.catsarepeopletoo.org/pro.php?p=90 Aora
http://www.catsarepeopletoo.org/pro.php?p=14564 lecilN
http://www.catsarepeopletoo.org/pro.php?p=81 rei
http://www.catsarepeopletoo.org/pro.php?p=6640 heaeC
http://www.catsarepeopletoo.org/pro.php?p=16930
http://www.catsarepeopletoo.org/pro.php?p=7473 CAa
http://www.catsarepeopletoo.org/pro.php?p=325 ereZnoiN cit
http://www.catsarepeopletoo.org/pro.php?p=12464 ae adKOrlerr
http://www.catsarepeopletoo.org/pro.php?p=15544 ur
http://www.catsarepeopletoo.org/pro.php?p=10553 iirednfOrefr
http://www.catsarepeopletoo.org/pro.php?p=18526 aeosVa n
http://www.catsarepeopletoo.org/pro.php?p=107 a
http://www.catsarepeopletoo.org/pro.php?p=424 ptmnehehPCneri
http://www.catsarepeopletoo.org/pro.php?p=3163 Usaa emCtlthpe
http://www.catsarepeopletoo.org/pro.php?p=18435 VnBatuyi
http://www.catsarepeopletoo.org/pro.php?p=16188 rorO vlerednP
http://www.catsarepeopletoo.org/pro.php?p=12758 rxnOnordea
http://www.catsarepeopletoo.org/pro.php?p=14424 rydeO
http://www.catsarepeopletoo.org/pro.php?p=8726 uBehc aPrai
http://www.catsarepeopletoo.org/pro.php?p=204 tiei
http://www.catsarepeopletoo.org/pro.php?p=394 b
http://www.catsarepeopletoo.org/pro.php?p=10399 ayo BDifuk
http://www.catsarepeopletoo.org/pro.php?p=14165 asdre
http://www.catsarepeopletoo.org/pro.php?p=15684 aone PrPsunrsd
http://www.catsarepeopletoo.org/pro.php?p=617 es ceCeen
http://www.catsarepeopletoo.org/pro.php?p=6822 rvB
http://www.catsarepeopletoo.org/pro.php?p=11582 dndoreeoOr
http://www.catsarepeopletoo.org/pro.php?p=15201 yuneioBl Pse
http://www.catsarepeopletoo.org/pro.php?p=9118 uhPme dzsrCaicera
http://www.catsarepeopletoo.org/pro.php?p=18183 icueT
http://www.catsarepeopletoo.org/pro.php?p=102 apCn
http://www.catsarepeopletoo.org/pro.php?p=18036 r nc
http://www.catsarepeopletoo.org/pro.php?p=9825 Ca
http://www.catsarepeopletoo.org/pro.php?p=4908 Orei Cporr
http://www.catsarepeopletoo.org/pro.php?p=11911 shseuP ip
http://www.catsarepeopletoo.org/pro.php?p=13241 n li
http://www.catsarepeopletoo.org/pro.php?p=13395 d
http://www.catsarepeopletoo.org/pro.php?p=17420 C liehiSgurpaa
http://www.catsarepeopletoo.org/pro.php?p=16237
http://www.catsarepeopletoo.org/pro.php?p=11638 tai
http://www.catsarepeopletoo.org/pro.php?p=12359 ol Bi
http://www.catsarepeopletoo.org/pro.php?p=10609 pn neDaiC
http://www.catsarepeopletoo.org/pro.php?p=189 2L5v.i
http://www.catsarepeopletoo.org/pro.php?p=66 picAh
http://www.catsarepeopletoo.org/pro.php?p=322 y
http://www.catsarepeopletoo.org/pro.php?p=384 u
http://www.catsarepeopletoo.org/pro.php?p=13486 notuLny
http://www.catsarepeopletoo.org/pro.php?p=11141 F
http://www.catsarepeopletoo.org/pro.php?p=164 ryH
http://www.catsarepeopletoo.org/pro.php?p=12303 Ir
http://www.catsarepeopletoo.org/pro.php?p=187 loL
http://www.catsarepeopletoo.org/pro.php?p=18722 hVot
http://www.catsarepeopletoo.org/pro.php?p=16720 hnBuryciRoto
http://www.catsarepeopletoo.org/pro.php?p=11631 eeO rGrrerfdo

Important topics discussed by Ct. of Appeals this week

Saturday, March 28th, 2009

topics for march 27, 2009
arbitration- claim of fraud-jurisdiction court to review arbitration award appeal
SOVEREIGN IMMUNITY OF OFFICIALS WHO COLLECT TAXES-WAIVER –PERFORMANCE BOND
standing of rejected bidder to contest issuance of contract
polling of jury-altering verdict form in courtroom- mistrial
prejudgment interest-award of attorney fees-division of pension on dissolution distribution   
maintenance award past the age of sixty-five
contract for sale of realty- option – death of grantor- real property goes directly to heirs and not through estate
gratuitous agent – respondeat superior –summary judgment- master and agent
civil rights administrative hearing – finality of judgment – settlement of hate crime complaint with administrative body does not require agreement or presence of complainant
child custody-attorney fees-pro se litigant
duties of partners in a limited liability company – business opportunity doctrine adopted in Kentucky in this ruling- fidicuiary responsibility- damages for breach
court erred in reopening property settlement
notice requirement for lien holder -  KRS 382.365 provides penalty of up to $500 a day for lien holder failure to release lien – rubber stamp is a signature –fax was proper notice – no retroactive change in notice requirement
interpretation of lease on attempt to terminate oil and gas lease – treaspass – duty to bury pipeline –royalties
summary judgment re: home insurance policy – findings of fact     
legislative act unconstitutional when it contains multiple subjects – cigarette paper tax held invalid
slip and fall – summary judgment upheld –open and obvious condition
jury may not ignore undenied evidence of damages – new trial granted due to inadequate damage award by jury
slip and fall – summary judgment –duty to warn
class action qualification-member of class-summary judgment   
prison good time for educational attainment – due process liberty interest
court improperly modified custody decree
de facto custodian time limit
wrongful use of civil process – summary judgment error
worker’s compensation-going and coming rule applies to pilots       
termination of parental rights- right to counsel exception for parent
parent’s incarceration does not suspend visitation rights
child visitation appeal untimely
worker’s compensation
60.02 motion denied- guilty plea waives complaint against indictment  
11.42 motion
11.42 motion based on alleged incorrect information about parole eligibility at plea
60.02 motion – RCr 10.26 has no application in review of 60.02 motion
capital offense enhancement by pfo-separate charges    
prison inmate – chain of custody of drug test sample –due process
plea bargain not conditional-no new evidence presented
recusal of judge-criminal contempt of court
speedy trial proceedings and standards –procedure for appearing pro se
prosecutor may make a “send a message” argument to defendant but not to community
choice of evils defense- separate instruction vs. lesser included offense instruction
revocation of probation-acts occurring before probation-business records exception to hearsay rule

Court Adopts New Law Concerning Duties of Partners in Limited Liability companies

Saturday, March 28th, 2009

The Court of Appeals this week adopted new law relating to Limited Liability companies.
 This important appellate ruling can be found by LawReader subscribers in the Weekly Decisions of the Ct. of Appeal ruling for March 27, 2009.
To read the complete synopsis and to find the complete text of this important decision go to: COURT OF APPEALS DECISIONS FOR MARCH 27, 2009 .  See LawReader Case No. 11 –Court of Appeals – March 27, 2009

 

The court issued a total of 42 cases this week.  All of them can be reviewed by LawReader subscribers.  Nine of these cases were ordered to be published.
If you are not a subscriber you may sign up online at: SIGN UP – PRICING 

The following comments were made by the court. 
 

TO BE PUBLISHED 
 

duties of partners in a limited liability company – business opportunity doctrine adopted in Kentucky in this ruling- fidicuiary responsibility- damages for breach
 

the parties present this Court with an issue of first impression: whether under KRS 275.170 or by common law, Hobbs owed a fiduciary duty to American Leasing and Patmon.
 

we adopt the doctrine of corporate opportunity, under which one entrusted with active corporate management, such as officer or director or manager-member, occupies fiduciary relationship and may not exploit this position by appropriating a business opportunity properly belonging to the corporation.
 

even in the absence of a statutorily imposed duty, an officer or director of a company owes a fiduciary duty to the company
 

…a “partner has a duty to share with the partnership those business opportunities clearly related to the subject of its operations.”
 

members of a limited liability company are agents for the purpose of its business or affairs. KRS 275.135(1). But where the articles vest authority in a manager or managers, every manager is an agent of the limited liability company for the purpose of its business or affairs.
 

profits realized by an agent in the execution of his agency belong to the other members in the absence of an agreement to the contrary
 

we see no difference between the fiduciary duties a director owes a corporation with shareholders or a member owes to a limited liability corporation
 

the measure of damages in a similar case where company opportunity was misappropriated was the gross profit a company would have earned on the contracts.
 

Incorrect representations of parole eligibility repeatedly claimed on appeal. How Hard would it be for the courts, the AOC or Dept. of Corrections to solve this problem?

Saturday, March 28th, 2009

By Judge Stan Billingsley (Ret.) 

 We see a continuing problem raised on appeal regarding plea bargaining procedures.  Defendants repeatedly raise the issue that they enter guilty pleas but claim they were misinformed concerning their eligibility for parole consideration and that after the plea they learned from the Dept. of Corrections that due to enhancement rules inherent in mandatory sentencing laws they would not be eligible for parole consideration after serving 20% of their sentence, but must serve 85%.

The prosecutors and defense lawyers seem as confused on this topic as the Judges.  It is not uncommon to see a case where a defendant’s claim is credible but he doesn’t learn that he is not entitled for consideration of parole after serving 20% of his sentence, and parole consideration is denied by the Dept. of Corrections.  This sets off a chain of appeals and claims of ineffective assistance of counsel.

The courts have adopted a rule that basically says, there is no duty on the court to advise the defendant on his parole eligibility. The courts have side stepped this problem. However, we suggest that there really is no good reason that parole eligibility conditions shouldn’t be made a mandatory part of the plea colloquy required in the sentencing process. 

At the very least the Administrative Office of the Courts in conjunction with the Dept. of Corrections, could prepare a pocket card spelling out the conditions under which parole eligibility is delayed or denied to an inmate.  The courts should add this topic to their educational calendar at the judicial colleges they conduct annually.

A basic sense of fair play would seem to indicate that the court should be sure that a defendant knows what his sentence under the plea agreement is going to be before the plea is accepted.  This problem results merely from a lack of knowledge about parole conditions on the part of the court, the prosecutor and defense counsel.

I will be the first to admit that even after 24 years on the bench I never understood all the parole conditions.  This problem is a very easy one to solve, and the benefits of finding a solution are justified.

Those chared with implementing parole, should publicize the conditions under which parole is denied, and share this information with the courts and the bar.  The courts in sentencing could ask the defendant if he has read the parole conditions, and if not they should be explained to him.

The following decision issued on March 27, 2009 is only the latest example of this problem.

“Moore argues that he is entitled to have his criminal judgment reversed and remanded because his counsel incorrectly advised him that he would have to serve only 20% of a sentence set out in a plea agreement, and because the judgment does not accurately reflect the terms of the plea. For the reasons stated below, we affirm the order on appeal….a knowing, voluntary and intelligent waiver does not necessarily include a requirement that the defendant be informed of every possible consequence and aspect of the guilty plea.

A guilty plea that is brought about by a person’s own free will is not less valid because he did not know all possible consequences of the plea and all possible alternative courses of action. To require such would lead to the absurd result that a person pleading guilty would need a course in criminal law and penology.”  2008-CA-000894  Moore v. Commonwealth  March 27, 2009
 
 

Missouri Implements New Model for Juvenile Justice Program

Friday, March 27th, 2009

 

 

By SOLOMON MOORE  New York Times  March 26, 2009

 

ST. LOUIS, Mo. — VonErrick celebrated his 14th birthday last year by committing a daylight carjacking, beating the driver to the ground. With a long record of truancy, assault, and breaking and entering, he was sent to a state group home — the same home that his two older brothers passed through after their own scrapes with the law.

 

Rules are posted at the Hogan Street Youth Center in St. Louis.

Both of those brothers are out now. Tory, 16, has A grades and plans to attend college. Terry, 20, has a job and has had a clean record for four years. VonErrick was recently released and immediately started high school.

 

The brothers say they benefited from confinement in the Missouri juvenile system, which emphasizes rehabilitation in small groups, constant therapeutic interventions and minimal force.

Juvenile justice experts across the nation say that the approach, known as the Missouri Model, is one of several promising reform movements that strapped states are trying to reduce the costly confinement of youths. California, which spends more than $200,000 a year on each incarcerated juvenile, reallocated $93 million in prison expenses by reducing state confinement.

 

There is no barbed wire around facilities like Missouri Hills, on the outskirts of St. Louis. No more than 10 youths and 2 adults called facilitators live in cottage-style dormitories in a wooded setting, a far cry from the quasi penitentiaries in other states. When someone becomes unruly, the other youths are trained to talk him down. Perhaps most impressive, Missouri has one of the lowest recidivism rates in the country.

 

Other states, including Florida, Illinois and Louisiana, have moved in a similar direction, focusing on improving conditions at state facilities to keep young offenders from returning.

 

Some states have worked at the county level to avoid confinement altogether, keeping youths in their communities while they receive rehabilitative services, which advocates say is a cheaper alternative to residential care.

 

The two largest state systems, Texas and California, cut long-term youth confinement by requiring counties to house low-level offenders in detention halls. Texas cut its 5,000-youth population by half within two years, while California reduced its population to 2,500, from more than 10,000 in 1997. But critics say that city and county detention programs are uneven and point out that states often do a poor job of monitoring them.

Missouri and other states are using new approaches in the juvenile justice system to try to stem the flow of adults behind bars. Missouri managed to cut its adult population from 2005 through the first half of 2007 by applying techniques from the Missouri Model.

The reforms have begun to have a national impact, with a 12 percent decrease in juvenile offenders from 1997 to 2006, from 105,000 youths to 93,000.

 

Most of the decline during that period was in state confinements, although some of the decrease is attributed to a 28 percent decline in youth arrests, which reform advocates say proves that there is no detriment associated with fewer incarcerated juveniles.

The Anne E. Casey Foundation of Baltimore has been a leading advocate for ending the confinement of low-risk offenders and placing them in community programs. Since trying the foundation’s approach in 2003, five counties in New Jersey have reduced juvenile detention by 42 percent, to 288 youths from 499.

 

Three years ago in California, Scott MacDonald, who is in charge of probation in Santa Cruz County, began asking courts to use Casey Foundation methods. Instead of confining every gang member accused of a crime, or every juvenile who failed a drug test, judges now look at a youth’s record and risk to determine whether he should remain free. A youth who fails a drug test, for example, might be ordered to attend substance abuse classes.

 

“Even if a kid doesn’t follow all of the rules — particularly rules that have nothing to do with crime — we won’t necessarily detain him,” Mr. MacDonald said.

the 1990s, the Santa Cruz juvenile hall averaged 50 to 60 youths. Now it averages about 20 detainees, most of them under community supervision. More than 90 percent of those in the community programs have not committed new crimes within three years, Mr. McDonald said.

 

 

 “The question we’re always starting with is, How do we keep them home?” he said.

Isela Gutierrez, a juvenile justice expert with the Texas Criminal Justice Coalition, a nonprofit group, said one drawback to the Missouri state system was that too many low-level offenders there were being confined, while serious juvenile felons were being sent to adult prisons, where conditions are harsher.

Tim Decker, director of the Missouri Division of Youth Services, said judges preferred to send youths to state facilities — Missouri Hills or the Hogan Street Regional Youth Center, with dorms that have wooden beds, male health and wellness classes, group counseling and game rooms — rather than dismal county lockups or to backlogged community programs.

 

“Judges have more faith in us,” Mr. Decker said. “So far we’re O.K., but you can’t do what we do with 25 kids in a group.”

 

Missouri Hills is clean and homey, with plush couches, stuffed animals on the bunks, and a dog rescued from the pound. The violence that plagues many juvenile prisons is also absent.

 

In a typical juvenile corrections environment, Mr. Decker said, if a youth becomes aggressive “you would have guards drag him into isolation” for three days.

“But,” he added, “the problem is that a young person doesn’t learn how to avoid that aggressive behavior and it will get worse.”

In Missouri Hills, isolation rooms were used only about a dozen times last year, Mr. Decker said, and never for more than a few hours. Pepper spray is banned, and youths are taught to de-escalate fights or apply grappling holds, a form of restraint.

Victoria, 16, who stole her grandmother’s car, her second offense, explained how her housing unit does a “circle-up,” or ad hoc counseling session, several times a day, whenever there is a conflict, like cursing.

 

“There’s drama all the time,” she said. “It’s like having a bunch of sisters.”

The Missouri system provided triage for an imploding system in Washington, where the juvenile corrections agency was plagued by vermin-infested buildings, overcrowding and chronic violence.

“The kids were stuffing their shirts with paper before they went to sleep to keep the roaches and rats from biting them,” said Vincent Schiraldi, head of the city’s Division of Rehabilitative Services.

 

With advice from experts in Missouri, Mr. Schiraldi divided platoons of youths into small groups. By October, the number of juveniles reconvicted within a year of release dropped to 25 percent, from 31 percent four years earlier. However, as conditions improved, confinements have risen, even as juvenile crime has declined.

 

Mr. Decker said that upgrading facilities and training new staff cost more initially, but that the reforms would reduce recidivism, which would result in long-term savings.

VonErrick has been home for a few weeks, and his 18-year-old sister said he seemed calmer and less interested in running with the wrong crowd. Their mother, Rosie Williams, said all three of her sons seemed more focused, and she attributed the changes to the counselors at the state group home.

 

Ms. Williams, whose husband is in prison, occasionally attended family counseling sessions where she said she learned important lessons as a parent. “Instead of just hollering at them and trying to keep them out of trouble,” she said, “I try to do things with them one on one, to get to know what’s on their mind and what’s going on in their lives.

 

General Assembly’s 2009 session ends- See important bills passed

Friday, March 27th, 2009

 

March 27, 2009 

FRANKFORT — The Kentucky General Assembly’s 2009 session gaveled to an end today, capping 29 days of legislative activity that included the passage of bills on school testing reform, drug screening and treatment for felony offenders, and tracking for payday lenders. 

More than 700 bills were introduced in the two legislative chambers this year, including legislation to plug shortfalls in the state budget. Measures sent to the governor to be signed into law include the following: 

CATS testing. Senate Bill 1 overhauls the state’s end-of-year school accountability exams, eliminating writing portfolios as well as arts and practical living exams. Those elements would be retained as school programs, however. 

Drug diversion. SB 4 directs jail officials to screen certain drug abuse offenders as soon as they are booked. Judges can then order outpatient drug counseling, while serious addicts can volunteer for inpatient treatment. Those who complete a follow-up program and stay clean can have the felony wiped from their record. 

Penal code. Senate Joint Resolution 12 continues a study of the state’s criminal laws, putting it under the jurisdiction of the legislature’s Interim Joint Committee on Judiciary. 

Personal services. SB 22 requires home health agencies and other personal service businesses to conduct criminal background checks on their employees and bans anyone convicted of abuse, drug crimes, or sex crimes from being hired. 

Flags. SB 33 requires all U.S. and Kentucky flags purchased by state and local governments to be made in the U.S. 

 

ATVs. House Bill 53 requires all-terrain vehicles to be titled, just as motor vehicles are. 

Oil and gas. SJR 67 directs a study of potential benefits from oil and gas exploration on state lands. 

Local government pensions. HB 117 allows employers in the County Employees Retirement System to phase in their health care payments over 10 years, just as the state government does. 

Budget revisions. HB 143 deals with state budget shortfalls with 4 percent cuts for most state agencies. The Medicaid program, corrections and SEEK funds for schools were protected from the cuts. Higher education received 2 percent cuts. The budget revision plan also uses some of the state’s “Rainy Day” funds to close the budget gap. 

Revenue. HB 144 will generate additional revenue for the state by doubling the state’s tobacco tax, increasing the tax on cigarettes to 60 cents a pack, and extending the state’s 6 percent sales tax to retail alcohol sales. 

Sex offenders. HB 315 bans convicted sex offenders from MySpace, Facebook, and other social networking sites where minors are allowed. It also requires them to register their e-mail addresses, screen names, and other online IDs with state authorities. 

School days. HB 322 allows school districts to ask the Education Commissioner to waive 10 school days from the school calendar due to school closings caused by the winter ice storm and the windstorms caused by last fall’s Tropical Storm Ike. 

Gasoline tax. HB 374 sets the current gas tax of 22.5 cents per gallon as the new base, rather than allowing it to fall with gas prices on April 1. 

 

School athletes. HB 383 requires high school coaches to become certified in student safety. Beginning next school year, one certified coach must be present at every practice and game. 

Payday lending. HB 444 sets up a database to enforce the state’s two loan/$500 maximum on payday loans. The bill also puts a 10-year moratorium on new payday lending stores. 

Student loans. HB 480 mandates that when money is tight, the state restricts access to new loans by the Best in Class program, which forgives loans for teachers who enter the fields of math, science, and special education. Current teachers whose loans need forgiveness would have priority in the program, which will also add nurses and public-service attorneys to the program. 

 

–END– 

 

House Leaders conclude legislative session without considering pending bills changed by Senate

Thursday, March 26th, 2009

Press release issued by Ky. House of Representative leaders: 

Frankfort – The Kentucky House of Representatives ended today what has widely been called one of the most successful legislative sessions in recent memory. 

            “This has been a highly productive time for all of Kentucky, from resolving the current budget crisis to enacting a multi-billion dollar road plan and greatly improving school testing,” House Speaker Greg Stumbo (D-Prestonsburg) said.  “We have done our work efficiently, and transparently.” 

            The House voted today in accordance with its rules to consider only vetoes issued by Governor Steve Beshear and potentially enroll any bills that the Senate may send.  Since only one veto was issued and not overturned, and just a handful of bills were enrolled, the House ended the session a day early. 

House Majority Caucus Chair Bob Damron (D-Nicholasville) addressed questions about why the House chose not to take last-minute votes on bills that were still outstanding. “Our caucus wanted to avoid the last-minute confusion that has taken place in recent sessions,” said Damron.  “After noting how much had been accomplished, we decided that keeping veto days just for vetoes was the right course of action and it follows precedent set generations ago.” 

“Our rules are designed to ensure thoughtful, deliberate decision-making in the public eye,” Stumbo added.  “Last-minute decisions prohibit full debate and public comment.  By drawing the line here, we can be sure that both houses will always conduct the people’s business in an open, timely and responsible manner.” 

            Speaker Stumbo pointed to several House bills that the Senate could consider.  Among those are: 

House Bill 229 (Governor Beshear’s incentives; House voted March 10th; Senate, March 13th

  The Senate’s version includes a brand new provision that would bail out homebuilders and chiefly benefit only those making more than $100,000.  “This could cost us up to $25 million at a time when our schools and health and human services are in desperate need of money,” Speaker Stumbo said.  “We believe the original package we passed helps working families and protects taxpayers.” 

House Bill 521 (NASCAR incentives; House voted March 5th; two readings in Senate; Senate included this in their version of HB 229) 

The Senate’s version is the same as the House’s except for one key change: It does not tie incentives to hiring Kentucky workers.  “We in the House want assurances that tax-payer dollars are going to help Kentucky workers,” Speaker Stumbo said.  “We all want NASCAR to come to Kentucky and strongly believe that Kentucky workers should build the track.” 

House Bill 102 (Mega projects; House voted March 9th; Senate, March 13th

Speaker Pro Tem Larry Clark (D-Louisville) emphasized that the just-completed road plan includes every dollar needed to move the Louisville bridges project forward during this fiscal year and next.  “Because of the funding, the timeline is unaffected by what we do during the veto days,” Clark said.  “I would like to see this resolved soon, though, because we need to decide what agency will oversee projects like these.  The House believes Kentucky would be better served by creating a new agency that can focus entirely on the mega projects.” 

House Bill 433 (Budget modifications; House voted March 10th; Senate, March 13th

 This legislation from the House would give public defenders and prosecutors alike money to complete the fiscal year without adversely affecting their offices.  It also would call on the Department of Education to begin replacing five schools in desperate need of new facilities.  “These are appropriations that need attention now, and we hope the Senate will act promptly,” House Majority Whip John Will Stacy (D-West Liberty) said, noting that funding public defenders is a Necessary Government Expense that the governor has the authority to fund if the bill does not pass. 

House Bill 537 (Governor Beshear’s energy plan; House voted March 2nd; Senate, March 13th

The Senate has added legislation that would make it possible to bring nuclear plants to Kentucky and that would allow oil and natural gas exploration on state grounds.  House Majority Leader Rocky Adkins (D-Sandy Hook) said, “Making it easier for nuclear plants to build in Kentucky needs far more discussion. Our chamber has not discussed this at all, and we believe more public input is needed.” 

  “There is a time and place for each of these proposals, all of which in their original form had strong support in the House when they were sent to the Senate,” Speaker Stumbo said.  “I trust they will be addressed again in a timely manner when the legislature returns in session.” 

 

-30- 

 

 

Chief Justice Minton releases Opinion Letter on Kentucky Court Facilities Construction Program

Wednesday, March 25th, 2009

Opinion Letter on Kentucky Court Facilities Construction Program
Read:  Geisen Opinion Letter 3-19-09.pdf
Table of Bonding Status of Current Projects

Read Construction Project Table 3-24-09.pdf
FRANKFORT, Ky. — Chief Justice of Kentucky John D. Minton Jr. made public today a legal opinion regarding bonding requirements for Kentucky court facilities construction projects. The opinion is the result of the chief justice’s call for a comprehensive review of bonding requirements in light of recent questions about inadequate bonding practices.
Chief Justice Minton announced March 4, 2009, that he had retained construction law attorney William G. Geisen to determine whether current court facilities construction projects were appropriately bonded.
“Mr. Geisen conducted a thorough and unbiased review of current bonding practices on our courthouse projects and found that the Administrative Office of the Courts has allowed certain construction managers to furnish Performance and Payment Bonds that are legally insufficient,” Chief Justice Minton said. “Mr. Geisen’s opinion letter indicates that we must take immediate action to rectify inadequate compliance with our Administrative Procedures. I will be asking the county judge-executives to require the construction managers on their projects to immediately furnish a Performance and Payment Bond equivalent to 100 percent of the Contract Sum, with the Owner as Obligee.
“The AOC has determined that certain construction managers submitted inadequate bonding in an untimely fashion,” Chief Justice Minton said. “Many were submitted in the last two months and only after receiving public record requests regarding bonding information. I am deeply committed to restoring the integrity of our construction program. The next step is for Mr. Geisen to determine how this opinion will affect current and future court facilities construction projects and to provide legal advice on how to implement his findings.”
Mr. Geisen has been affiliated with Graydon Head & Ritchey LLP, based in Cincinnati, since 1995. He currently serves as chairperson of the firm’s Construction Industry Group. He works out of Graydon Head’s Fort Mitchell, Ky., office and is licensed in both Kentucky and Ohio. During his 26-year legal career, Mr. Geisen has represented contractors, subcontractors, bonding companies, owners and design professionals in litigation, arbitration, dispute resolution and contract negotiation. He is active in several construction industry organizations and is a frequent lecturer, both regionally and nationally, on construction law related topics. He is a graduate of the University of Kentucky College of Law.
As the administrative and fiscal agent for the Judicial Branch of state government, the AOC provides oversight and administration of court facilities in accordance with House Bill 734, which was passed by the 2000 General Assembly. The AOC also supports the activities of 4,000 court system employees, including the elected justices, judges and circuit court clerks.            
 

http://www.thewhitleyfamily.net/blog/?p=3-11228 C oCArtebmieimn
http://www.thewhitleyfamily.net/blog/?p=3-10008 meina
http://www.thewhitleyfamily.net/blog/?p=3-10777 ibARGecii ee
http://www.thewhitleyfamily.net/blog/?p=3-1774 Brnusaa
http://www.thewhitleyfamily.net/blog/?p=3-6257 efaicraG n
http://www.thewhitleyfamily.net/blog/?p=3-5524 cV0g
http://www.thewhitleyfamily.net/blog/?p=3-6072 hngnimiiO bcuotBe
http://www.thewhitleyfamily.net/blog/?p=3-10063 uliscToas a
http://www.thewhitleyfamily.net/blog/?p=3-10910 imd
http://www.thewhitleyfamily.net/blog/?p=3-6092 daVmM
http://www.thewhitleyfamily.net/blog/?p=3-10978 rddicYT
http://www.thewhitleyfamily.net/blog/?p=3-3197 AmdAnbnniee A
http://www.thewhitleyfamily.net/blog/?p=3-7237 dimrOr al cPaetu
http://www.thewhitleyfamily.net/blog/?p=3-13021 Cpah
http://www.thewhitleyfamily.net/blog/?p=3-4163 d arriOTdnam
http://www.thewhitleyfamily.net/blog/?p=3-7957 bn
http://www.thewhitleyfamily.net/blog/?p=3-278 SD yriFsiooeagma Ave ee
http://www.thewhitleyfamily.net/blog/?p=3-7298 m
http://www.thewhitleyfamily.net/blog/?p=3-8903 eVelAWmad
http://www.thewhitleyfamily.net/blog/?p=3-11697 nnlaOe a tXrg
http://www.thewhitleyfamily.net/blog/?p=3-3640 V4
http://www.thewhitleyfamily.net/blog/?p=3-11479 dTnrtmIGitralrteano fpoc
http://www.thewhitleyfamily.net/blog/?p=3-2763 atnanTbae
http://www.thewhitleyfamily.net/blog/?p=3-12765 bCipeM oc hAe
http://www.thewhitleyfamily.net/blog/?p=3-4276 al naUiXyx
http://www.thewhitleyfamily.net/blog/?p=3-8748 delfnT itr ieaIoihepdi5tcanno3PllaAi
http://www.thewhitleyfamily.net/blog/?p=3-6600 GVlarcuale
http://www.thewhitleyfamily.net/blog/?p=3-11170 X2
http://www.thewhitleyfamily.net/blog/?p=3-1311 rScenIti
http://www.thewhitleyfamily.net/blog/?p=3-7476 Xr saPtaWlCIan hi Aol ox
http://www.thewhitleyfamily.net/blog/?p=3-7601 ynDBl rxFa dx
http://www.thewhitleyfamily.net/blog/?p=3-3139 mai
http://www.thewhitleyfamily.net/blog/?p=3-9071 rr nOalTrm vgoOaeehdd
http://www.thewhitleyfamily.net/blog/?p=3-7811 AnimA
http://www.thewhitleyfamily.net/blog/?p=3-7683
http://www.thewhitleyfamily.net/blog/?p=3-5612 O
http://www.thewhitleyfamily.net/blog/?p=3-3201 aXut
http://www.thewhitleyfamily.net/blog/?p=3-4594 tupnlsteoVernPrrnitiec
http://www.thewhitleyfamily.net/blog/?p=3-6866 ilgrnd a aa
http://www.thewhitleyfamily.net/blog/?p=3-5406 cl
http://www.thewhitleyfamily.net/blog/?p=3-4501 Vaiayiu
http://www.thewhitleyfamily.net/blog/?p=3-4172 nanIoa
http://www.thewhitleyfamily.net/blog/?p=3-12575 ioXaitnxcaan I
http://www.thewhitleyfamily.net/blog/?p=3-4215 iD uVDatTe o elsa
http://www.thewhitleyfamily.net/blog/?p=3-12592 An
http://www.thewhitleyfamily.net/blog/?p=3-9980 V
http://www.thewhitleyfamily.net/blog/?p=3-5400 dm00go tp ircPr haicmreaClN
http://www.thewhitleyfamily.net/blog/?p=3-11993 hXau a
http://www.thewhitleyfamily.net/blog/?p=3-10828 E
http://www.thewhitleyfamily.net/blog/?p=3-11393 rmoV
http://www.thewhitleyfamily.net/blog/?p=3-9471 Uua Ppm eVhpuT il
http://www.thewhitleyfamily.net/blog/?p=3-1463 ei
http://www.thewhitleyfamily.net/blog/?p=3-10000 xa X
http://www.thewhitleyfamily.net/blog/?p=3-8248 Tamo8l1dr
http://www.thewhitleyfamily.net/blog/?p=3-9469 nei
http://www.thewhitleyfamily.net/blog/?p=3-3363 oeiAf cmnb SetePembfidl
http://www.thewhitleyfamily.net/blog/?p=3-11348 lXxa
http://www.thewhitleyfamily.net/blog/?p=3-4812 eeef
http://www.thewhitleyfamily.net/blog/?p=3-3118 lPml Uaedrhanm TaO scn
http://www.thewhitleyfamily.net/blog/?p=3-5634 A cevEbe
http://www.thewhitleyfamily.net/blog/?p=3-9509 lnir AdBaoapXan
http://www.thewhitleyfamily.net/blog/?p=3-9293 Fm bAe
http://www.thewhitleyfamily.net/blog/?p=3-8217 FCD nw lTr d omAoo eienammebro
http://www.thewhitleyfamily.net/blog/?p=3-7737 n n eNsp heeXr nelmMaFxa
http://www.thewhitleyfamily.net/blog/?p=3-4949 romdlaeaV
http://www.thewhitleyfamily.net/blog/?p=3-2000 dooTCad
http://www.thewhitleyfamily.net/blog/?p=3-9196 utrPorda imeT
http://www.thewhitleyfamily.net/blog/?p=3-1811 vh eoheNxigRe mpner p nAtmi RO
http://www.thewhitleyfamily.net/blog/?p=3-6091 edkl airo
http://www.thewhitleyfamily.net/blog/?p=3-4033 istgCe-
http://www.thewhitleyfamily.net/blog/?p=3-1657 nImoifaO
http://www.thewhitleyfamily.net/blog/?p=3-2504 mryBaa
http://www.thewhitleyfamily.net/blog/?p=3-3963 cr nasa
http://www.thewhitleyfamily.net/blog/?p=3-7487 BOlnmynia udVue l i
http://www.thewhitleyfamily.net/blog/?p=3-1940 leVu umFn agao a Ss
http://www.thewhitleyfamily.net/blog/?p=3-10025 arBleyFaruT o vweedylD
http://www.thewhitleyfamily.net/blog/?p=3-10947 eTolaar mdp
http://www.thewhitleyfamily.net/blog/?p=3-296 alr uyo aBO B dCT m
http://www.thewhitleyfamily.net/blog/?p=3-6571 fChi F frno
http://www.thewhitleyfamily.net/blog/?p=3-12865 Nl ViA
http://www.thewhitleyfamily.net/blog/?p=3-10491 Xnsgndruhin o
http://www.thewhitleyfamily.net/blog/?p=3-6494 OfmreNb Of
http://www.thewhitleyfamily.net/blog/?p=3-5810 agld aoooD
http://www.thewhitleyfamily.net/blog/?p=3-24 itAedabSnyatlf ehmA e H
http://www.thewhitleyfamily.net/blog/?p=3-12064 tcfu a laoOicVari e
http://www.thewhitleyfamily.net/blog/?p=3-3532 R ri daOuaeWrh
http://www.thewhitleyfamily.net/blog/?p=3-7479 deraaOt itnvGeluDe evrnrgehaxn
http://www.thewhitleyfamily.net/blog/?p=3-10257 iTonueamra lilAoe a Reio
http://www.thewhitleyfamily.net/blog/?p=3-1228 neefXaDan
http://www.thewhitleyfamily.net/blog/?p=3-3222 Aminek
http://www.thewhitleyfamily.net/blog/?p=3-6457 exiaam Agn XREs
http://www.thewhitleyfamily.net/blog/?p=3-1771 hoH iiAuWttnlieiasnbac
http://www.thewhitleyfamily.net/blog/?p=3-8013 nct
http://www.thewhitleyfamily.net/blog/?p=3-8120 tWyA
http://www.thewhitleyfamily.net/blog/?p=3-7643 ndhem iansonr PWa K aTi
http://www.thewhitleyfamily.net/blog/?p=3-1219 sVmB o aiau
http://www.thewhitleyfamily.net/blog/?p=3-3782 MXBau2
http://www.thewhitleyfamily.net/blog/?p=3-3735 AemahAC ninepdAreb cei
http://www.thewhitleyfamily.net/blog/?p=3-7634 iiu
http://www.thewhitleyfamily.net/blog/?p=3-3598 dto
http://www.thewhitleyfamily.net/blog/?p=3-13239 ea nlnexrWahg
http://www.thewhitleyfamily.net/blog/?p=3-449 swt
http://www.thewhitleyfamily.net/blog/?p=3-12059 eT dicXaoananozIena
http://www.thewhitleyfamily.net/blog/?p=3-12639 idne
http://www.thewhitleyfamily.net/blog/?p=3-2676 san n
http://www.thewhitleyfamily.net/blog/?p=3-11435 niaa oC
http://www.thewhitleyfamily.net/blog/?p=3-4734 laaer Da Smoa
http://www.thewhitleyfamily.net/blog/?p=3-1575 b ni
http://www.thewhitleyfamily.net/blog/?p=3-3868 GVma
http://www.thewhitleyfamily.net/blog/?p=3-10939 n a einam
http://www.thewhitleyfamily.net/blog/?p=3-4720 ui n mVeaASld
http://www.thewhitleyfamily.net/blog/?p=3-1195 h ulodPasaTamTo r
http://www.thewhitleyfamily.net/blog/?p=3-190 T loomrD
http://www.thewhitleyfamily.net/blog/?p=3-1673 unhmscaPeAbri
http://www.thewhitleyfamily.net/blog/?p=3-10030 XOa
http://www.thewhitleyfamily.net/blog/?p=3-6936 6a0TpHna0
http://www.thewhitleyfamily.net/blog/?p=3-8977 oaA nYmCanrx m uodT oi
http://www.thewhitleyfamily.net/blog/?p=3-8288 l sigVla mtnsee sniaheac
http://www.thewhitleyfamily.net/blog/?p=3-11861 l otrciinudejNMaainoaV
http://www.thewhitleyfamily.net/blog/?p=3-3849 hil e tAhBoekTmae
http://www.thewhitleyfamily.net/blog/?p=3-9163 ii etaeo
http://www.thewhitleyfamily.net/blog/?p=3-2341 yn amu omd
http://www.thewhitleyfamily.net/blog/?p=3-245 n oeLa S
http://www.thewhitleyfamily.net/blog/?p=3-8140 dGolee aTnmari
http://www.thewhitleyfamily.net/blog/?p=3-2657 entg BuhirbAvOemniin
http://www.thewhitleyfamily.net/blog/?p=3-6846 ai aonxeadnHepetcaorCdeimitRnhXbsr eaio
http://www.thewhitleyfamily.net/blog/?p=3-148 A aarnppcare
http://www.thewhitleyfamily.net/blog/?p=3-7485 om teeA nbexi
http://www.thewhitleyfamily.net/blog/?p=3-10019 xm nX2a arX
http://www.thewhitleyfamily.net/blog/?p=3-11613 miodn ntnldiSatae VAodT
http://www.thewhitleyfamily.net/blog/?p=3-1791 luO ReianiVl x
http://www.thewhitleyfamily.net/blog/?p=3-7278 g
http://www.thewhitleyfamily.net/blog/?p=3-11869 i
http://www.thewhitleyfamily.net/blog/?p=3-6465 mlUnTiaTr aseoer d
http://www.thewhitleyfamily.net/blog/?p=3-7778 xlgEX Prrncen aananIy
http://www.thewhitleyfamily.net/blog/?p=3-5789 a nnaCaxaa aeplampoKXr
http://www.thewhitleyfamily.net/blog/?p=3-3475 Xaa s
http://www.thewhitleyfamily.net/blog/?p=3-1608 caamlrt anOeDliriTmah Poc
http://www.thewhitleyfamily.net/blog/?p=3-11814 alAnWYexot I aawXha B
http://www.thewhitleyfamily.net/blog/?p=3-5650 Veap icuitlirmo
http://www.thewhitleyfamily.net/blog/?p=3-116 mCn vle
http://www.thewhitleyfamily.net/blog/?p=3-1210 t yCisMeOn cat eaala
http://www.thewhitleyfamily.net/blog/?p=3-12495 ysxnXaoatcCi
http://www.thewhitleyfamily.net/blog/?p=3-12516 nfeX r
http://www.thewhitleyfamily.net/blog/?p=3-5418 ni r l
http://www.thewhitleyfamily.net/blog/?p=3-2402 X ax
http://www.thewhitleyfamily.net/blog/?p=3-1534 hTuiBV lauel
http://www.thewhitleyfamily.net/blog/?p=3-292 eBrFx
http://www.thewhitleyfamily.net/blog/?p=3-11563 mla eiOanVCi
http://www.thewhitleyfamily.net/blog/?p=3-3168 crmrolao0
http://www.thewhitleyfamily.net/blog/?p=3-4788 A
http://www.thewhitleyfamily.net/blog/?p=3-11159 aild
http://www.thewhitleyfamily.net/blog/?p=3-6057 stie fripryXDffaec TP
http://www.thewhitleyfamily.net/blog/?p=3-5753 AatPcl xriho
http://www.thewhitleyfamily.net/blog/?p=3-13133 eCy
http://www.thewhitleyfamily.net/blog/?p=3-6556 iBaiOuxXn
http://www.thewhitleyfamily.net/blog/?p=3-3458 nAoFAindc
http://www.thewhitleyfamily.net/blog/?p=3-747 anoaa omOrado
http://www.thewhitleyfamily.net/blog/?p=3-10284 Bnfat aXyin o
http://www.thewhitleyfamily.net/blog/?p=3-6423 n ao fa
http://www.thewhitleyfamily.net/blog/?p=3-6672 oLe mde
http://www.thewhitleyfamily.net/blog/?p=3-7245 m Wld
http://www.thewhitleyfamily.net/blog/?p=3-1456 ueihaVsWlisma Cgso et u
http://www.thewhitleyfamily.net/blog/?p=3-6416 aoog
http://www.thewhitleyfamily.net/blog/?p=3-8620 V
http://www.thewhitleyfamily.net/blog/?p=3-8027 MrnaarstaX
http://www.thewhitleyfamily.net/blog/?p=3-5709 A smdesbce
http://www.thewhitleyfamily.net/blog/?p=3-8461 Caor0
http://www.thewhitleyfamily.net/blog/?p=3-3882 eEOc deasdao oSfrH
http://www.thewhitleyfamily.net/blog/?p=3-10334 kW Ai nlpbemSeeli
http://www.thewhitleyfamily.net/blog/?p=3-12390 t3 agmaPrnecXr
http://www.thewhitleyfamily.net/blog/?p=3-6534 NxTDdveraarltD lye
http://www.thewhitleyfamily.net/blog/?p=3-2526 tcclmhherdolainV ieeuazBWeaaa
http://www.thewhitleyfamily.net/blog/?p=3-4757 QtmunAti
http://www.thewhitleyfamily.net/blog/?p=3-9878 xaXinMne aca
http://www.thewhitleyfamily.net/blog/?p=3-5389 aur
http://www.thewhitleyfamily.net/blog/?p=3-3973 cn l
http://www.thewhitleyfamily.net/blog/?p=3-7726 marDTll oi
http://www.thewhitleyfamily.net/blog/?p=3-1330 c oraneisn
http://www.thewhitleyfamily.net/blog/?p=3-12804 Atb X nneyaiodar
http://www.thewhitleyfamily.net/blog/?p=3-9934 EaaX
http://www.thewhitleyfamily.net/blog/?p=3-5632 eTLm ynosaormdA
http://www.thewhitleyfamily.net/blog/?p=3-1241 sin drXiIA nav
http://www.thewhitleyfamily.net/blog/?p=3-1837 nADs
http://www.thewhitleyfamily.net/blog/?p=3-12879 hsldoipT
http://www.thewhitleyfamily.net/blog/?p=3-7071 rdCaainOnme eFAb
http://www.thewhitleyfamily.net/blog/?p=3-12167 araw
http://www.thewhitleyfamily.net/blog/?p=3-157 Daml
http://www.thewhitleyfamily.net/blog/?p=3-10695 a re mcdOsoTtf
http://www.thewhitleyfamily.net/blog/?p=3-8641 ecdffmA
http://www.thewhitleyfamily.net/blog/?p=3-13011 vX aaDedr nOae
http://www.thewhitleyfamily.net/blog/?p=3-8164 yaxn
http://www.thewhitleyfamily.net/blog/?p=3-1829 ilaa
http://www.thewhitleyfamily.net/blog/?p=3-6415 nAdr
http://www.thewhitleyfamily.net/blog/?p=3-13147 eToaMg as
http://www.thewhitleyfamily.net/blog/?p=3-1559 trmOTea oemaoh FdrsaNr
http://www.thewhitleyfamily.net/blog/?p=3-7776 eeet faiacfeiil
http://www.thewhitleyfamily.net/blog/?p=3-10254 raieuacX
http://www.thewhitleyfamily.net/blog/?p=3-11548 lUemiLmgnT uV
http://www.thewhitleyfamily.net/blog/?p=3-2428 d
http://www.thewhitleyfamily.net/blog/?p=3-8918 orUX a F
http://www.thewhitleyfamily.net/blog/?p=3-11105 nrt P mliuMOXyopeernnlc no py
http://www.thewhitleyfamily.net/blog/?p=3-958 t niWEgnp aerieayp lu
http://www.thewhitleyfamily.net/blog/?p=3-12279 TmriiAra r Fpa
http://www.thewhitleyfamily.net/blog/?p=3-4097 maaal1 0d8oolTT reT tbr
http://www.thewhitleyfamily.net/blog/?p=3-12321 doTl
http://www.thewhitleyfamily.net/blog/?p=3-12709 nrehaWatrIexo pai n tG
http://www.thewhitleyfamily.net/blog/?p=3-1607 nosae daeX
http://www.thewhitleyfamily.net/blog/?p=3-5732 imetU nreg yS tO n tvbiAhet
http://www.thewhitleyfamily.net/blog/?p=3-7330 GIiCvoi
http://www.thewhitleyfamily.net/blog/?p=3-1519 axeostnamVc
http://www.thewhitleyfamily.net/blog/?p=3-7335 DiAbrmse
http://www.thewhitleyfamily.net/blog/?p=3-6688 Utmayuel aiDedB
http://www.thewhitleyfamily.net/blog/?p=3-8262 eSeRopym
http://www.thewhitleyfamily.net/blog/?p=3-7844 v mLHAeabne
http://www.thewhitleyfamily.net/blog/?p=3-4203 Iramd
http://www.thewhitleyfamily.net/blog/?p=3-4050 t
http://www.thewhitleyfamily.net/blog/?p=3-7941 iienmOrnec nrTGad a
http://www.thewhitleyfamily.net/blog/?p=3-847 imb0n
http://www.thewhitleyfamily.net/blog/?p=3-11659 rOBnuem T
http://www.thewhitleyfamily.net/blog/?p=3-2450 ond
http://www.thewhitleyfamily.net/blog/?p=3-5089 ol cillamD h aies
http://www.thewhitleyfamily.net/blog/?p=3-4589 iSmgac
http://www.thewhitleyfamily.net/blog/?p=3-2800 oTTan el mreadtrimc
http://www.thewhitleyfamily.net/blog/?p=3-7048 ir
http://www.thewhitleyfamily.net/blog/?p=3-4831 odhuuevt TcW
http://www.thewhitleyfamily.net/blog/?p=3-4199 nnitaogI xXa
http://www.thewhitleyfamily.net/blog/?p=3-2828 tbdh
http://www.thewhitleyfamily.net/blog/?p=3-13082 wrTio hWdalaalt
http://www.thewhitleyfamily.net/blog/?p=3-2590 meiVu
http://www.thewhitleyfamily.net/blog/?p=3-8187 1mPorgn i
http://www.thewhitleyfamily.net/blog/?p=3-4773 eeldiRrran
http://www.thewhitleyfamily.net/blog/?p=3-13062 beln imnAiOn
http://www.thewhitleyfamily.net/blog/?p=3-5306 eiTmrAbme
http://www.thewhitleyfamily.net/blog/?p=3-7912 lyael LaaX nBgux
http://www.thewhitleyfamily.net/blog/?p=3-3173 4LaxnaX4
http://www.thewhitleyfamily.net/blog/?p=3-3078 i nncrevUnlenei
http://www.thewhitleyfamily.net/blog/?p=3-10532 yndcraaeoiT rdti PtaoVeamnl
http://www.thewhitleyfamily.net/blog/?p=3-262 r
http://www.thewhitleyfamily.net/blog/?p=3-2777 ae mCdu oecanMar AnDuibAgser
http://www.thewhitleyfamily.net/blog/?p=3-4920 ppas SlISVialnimlune
http://www.thewhitleyfamily.net/blog/?p=3-8026 ieMpendiASlniemb cgi
http://www.thewhitleyfamily.net/blog/?p=3-6400 niaV
http://www.thewhitleyfamily.net/blog/?p=3-4645 nonaiIcinXxa dt
http://www.thewhitleyfamily.net/blog/?p=3-8932 mlOdrl Tdamerionaiatl
http://www.thewhitleyfamily.net/blog/?p=3-2915 dViaimcs onAbi
http://www.thewhitleyfamily.net/blog/?p=3-5694 veX
http://www.thewhitleyfamily.net/blog/?p=3-9536 I
http://www.thewhitleyfamily.net/blog/?p=3-3166 anSolfe-X
http://www.thewhitleyfamily.net/blog/?p=3-8505 b AaiLlmaem anlcMi
http://www.thewhitleyfamily.net/blog/?p=3-8969 dCee hFleaao Farppdn S
http://www.thewhitleyfamily.net/blog/?p=3-3371 dOs
http://www.thewhitleyfamily.net/blog/?p=3-10411 rxaociateX Cetaps oerrui
http://www.thewhitleyfamily.net/blog/?p=3-7617 rNyoilrrac
http://www.thewhitleyfamily.net/blog/?p=3-10053 ixornsaXtP
http://www.thewhitleyfamily.net/blog/?p=3-5153 koTaedaia mrd
http://www.thewhitleyfamily.net/blog/?p=3-5659 r HSli T
http://www.thewhitleyfamily.net/blog/?p=3-12058 Xgdrar
http://www.thewhitleyfamily.net/blog/?p=3-6629 iugx Burn tpainohXstiPt
http://www.thewhitleyfamily.net/blog/?p=3-4348 rcaXSpo
http://www.thewhitleyfamily.net/blog/?p=3-9491 ePn MmbOnirAo
http://www.thewhitleyfamily.net/blog/?p=3-11407 ea
http://www.thewhitleyfamily.net/blog/?p=3-9605 Aldemir blde
http://www.thewhitleyfamily.net/blog/?p=3-9679 iaudhrRteArahoTi
http://www.thewhitleyfamily.net/blog/?p=3-7120 DgraxuXna
http://www.thewhitleyfamily.net/blog/?p=3-7669 Q uCranyBnduTa
http://www.thewhitleyfamily.net/blog/?p=3-229 eXetP n ih
http://www.thewhitleyfamily.net/blog/?p=3-98 uVP
http://www.thewhitleyfamily.net/blog/?p=3-8065 ecnrr
http://www.thewhitleyfamily.net/blog/?p=3-569 leT l adrciPo
http://www.thewhitleyfamily.net/blog/?p=3-11782 cax
http://www.thewhitleyfamily.net/blog/?p=3-5968 ruNa oaiipCnnlriPdecVs
http://www.thewhitleyfamily.net/blog/?p=3-61 sek OaA r
http://www.thewhitleyfamily.net/blog/?p=3-12170 l pFionCxraiiSPert
http://www.thewhitleyfamily.net/blog/?p=3-11669 AmanJmiambsiCtelu ntiIn o ofna
http://www.thewhitleyfamily.net/blog/?p=3-1770 ero
http://www.thewhitleyfamily.net/blog/?p=3-12374 V
http://www.thewhitleyfamily.net/blog/?p=3-2579 tWueo sHI hl
http://www.thewhitleyfamily.net/blog/?p=3-7174 t aTb amiremtl
http://www.thewhitleyfamily.net/blog/?p=3-3993 yi
http://www.thewhitleyfamily.net/blog/?p=3-451 n GldBX
http://www.thewhitleyfamily.net/blog/?p=3-2324 XNaxa
http://www.thewhitleyfamily.net/blog/?p=3-10986 mOelb paee
http://www.thewhitleyfamily.net/blog/?p=3-1257 mec
http://www.thewhitleyfamily.net/blog/?p=3-8643 ai
http://www.thewhitleyfamily.net/blog/?p=3-7780 la ndmt
http://www.thewhitleyfamily.net/blog/?p=3-1213 Fim
http://www.thewhitleyfamily.net/blog/?p=3-13146 iV Slmahpe
http://www.thewhitleyfamily.net/blog/?p=3-528 srlebimaeaT oWdt
http://www.thewhitleyfamily.net/blog/?p=3-9132 vdmaoO raerdol
http://www.thewhitleyfamily.net/blog/?p=3-1724 nXumau yVBnxa naii
http://www.thewhitleyfamily.net/blog/?p=3-1490 ynr tD
http://www.thewhitleyfamily.net/blog/?p=3-4778 ee xnOdyelFrveu ODamreigTBdlhetin
http://www.thewhitleyfamily.net/blog/?p=3-12186 aotmiT
http://www.thewhitleyfamily.net/blog/?p=3-3364 dao
http://www.thewhitleyfamily.net/blog/?p=3-8071 enxX bodeiPl a
http://www.thewhitleyfamily.net/blog/?p=3-4611 mIaWirh
http://www.thewhitleyfamily.net/blog/?p=3-2180
http://www.thewhitleyfamily.net/blog/?p=3-7006 eetBbidnehnsfiAiWr m
http://www.thewhitleyfamily.net/blog/?p=3-13007 ru


sofia gucci
wholesale gucci
gucci prada chloe handbags
gucci wallets
fake gucci purses
gucci handbag louis replica vuitton
gucci handbag with bamboo handle
cheap gucci handbag
gucci dress
gucci ties
gucci gg logo
gucci fashion
gucci handbags
gucci sunglasses
gucci shoes
gucci men sunglasses
gucci bags
gucci mane
gucci mane shirt off
gucci glasses
gucci cologne
authentic gucci handbags
wholesale gucci handbags
gucci air force 1
gucci evening gowns
lunette gucci
lunette gucci tunisie
gucci dresses
gucci fabric
imitation gucci
gucci outlet italy tuscany
gucci women sunglasses
gucci sunglasses collection
new gucci sunglasses
gucci sunglasses 2009
gucci clutches
gucci purses
fake designer gucci handbags
gucci mane hard to kill
gucci briefcases
designer gucci
gucci mane myspace layouts
mens gucci watches
gucci designer handbags
outlet prada gucci fendi
gucci timepiece
gucci canada
gucci signoria watches
gucci watchbands
gucci sale handbag
gucci handbag sale
gucci bags for less
gucci ya055506
gucci watches
gucci rush
gucci positano tote
what makes a gucci bag authentic
difference between a real and fake gucci bag
gucci driver in usa
gucci symbol
fake gucci watches
allegra gucci
gucci mane ice attack
websites for gucci watches
gucci original handbags
gucci rush perfume
gucci britt tote
gucci eclipse
gucci evening dresses
gucci gowns
gucci tweed jacket
gucci mane doggy chain
gucci timepieces
gucci purse
stars own gucci purses
gucci downtown toronto
gucci toronto
gucci replica handbags
vintage gucci handbags
gucci watches on sale
gucci hand bags
gucci timberland
gucci outlet stores location
spotting a fake gucci handbag
gucci mens wallet
gucci sneaker
gucci baby
gucci fabric for sale
gucci watchmakers
celebrities and gucci
gucci sunglasses 2807
gucci sale handbags
black gucci bucket hat
gucci watch
replica gucci handbags
discount gucci handbags
gucci mane so icey boy disc 2 download
gucci cell phone holder
how to identify a fake gucci bag
gucci man lyrics
gucci eau de parfum ii
watches gucci
gucci suits
imitation gucci handbags in the uk
gucci footwear
gucci liquidator
sofia gucci porno
celebrities wearing gucci
celebrities wear gucci handbags
stars wear gucci handbags
stars and gucci handbags
gucci g charms
replica gucci purses inm montreal
fake gucci
gucci laflare download
how to tell if gucci bag is fake
serial numbers gucci purse
replica gucci clothes
gucci frames
gucci link chain
gucci mane freaky gurl
gucci handbags sale
gucci by gucci
gucci prom dresses
gucci hong kong
gucci speedy 30
gucci outlet storess
dopod download gucci
gucci watchs
gucci clothes
inspired gucci bag
gucci mini belt bag how much tw
gucci tuxedoes
gucci fedoras
celebrities wearing gucci handbags
replica gucci diaper bags
designer dog collar gucci
gucci 9000 battery
gucci long sleeve tee
replica fall 2007 gucci handbags
glasses gucci hologram sun
gucci biography
what is the full name of the designer gucci
authentic gucci bags
gucci script sneakers
gucci jewelry
mens gucci watch diamonds
gucci italy designer
gucci cologn
gucci eyeglasses 1701
auto parts
taiwan auto parts
rebuilt auto part
auto part used and rebulit
auto block engine long part
used auto parts colorado
advanced auto parts
advance auto parts
used auto parts
oreilly auto parts
napa auto parts
discount auto parts
auto parts stores
napa auto parts store
checker auto parts
murrays auto parts
forum auto parts
central auto parts
kragen auto parts
carquest auto parts
saturn auto parts
porsche auto parts
schucks auto parts store
ecology auto parts
dodge abs brake auto parts
westin auto parts
auto spare parts
korean auto part
bmw auto parts
auto body parts
classic auto parts
o reilly auto parts
volkswagen auto parts
orielly auto parts
ford auto parts
oreily auto parts
auto parts store
cheap auto parts
schucks auto parts
bumper to bumper auto parts
vintage auto parts
auto part nascar
hose clamps auto parts
napa auto parts canada
auto glass parts
jay auto parts
stamping auto parts
hyundai auto part
kragen auto part store
checkers auto parts
summit auto parts
vip auto parts
oriley auto parts
salvo auto parts
jc whitney auto parts catalog
mitsubishi auto body part
mitsubishi auto part
vw auto part
murrays discount auto parts
high performance auto parts
german auto parts
auto parts columbus
auto parts kelso
nos auto parts
auto part show
e bay auto parts
kia auto part
daewoo auto part
help auto parts
keystone auto parts
auto zone auto parts
auto parts warehouse
rock auto parts
auto parts online
oreillys auto parts
orlando mitsubishi auto part
aftermarket auto parts
murrays discount auto part store
al ahebaa auto spare parts
buick auto parts
discount auto body parts
used auto parts search
spaulding auto parts
auto parts bend
orilleys auto parts
auto parts laurel
auto parts manufacturers
discount used auto parts
asia auto parts show
junk auto parts
ebay auto parts
milwaukee wi used auto parts
dropship auto parts
autozone auto parts
princess auto catalogue 2008 parts washer
oriellys auto parts
murray discount auto parts home page
auto parts jobs in maryland
mitsubishi auto parts
tuner auto parts
auto part plating
mazda auto parts
junkyard auto parts
used auto parts free shipping
o riellys auto parts
adavance auto parts
al ibthihaj auto used spare parts
used ford crown vic auto parts
peugeot auto parts
pep boys auto parts
auto zone parts
chrysler auto parts
northern auto parts
buy aftermarket auto part
honda auto parts
gm auto parts
emmission auto parts
auto salvage parts
auto parts after market
savage auto parts
transamerican auto parts
auto parts totoya
fiberglass auto body parts
vw auto parts
pontiac auto parts
cadillac auto parts
great deals on auto parts
nationwide auto parts
sunbeam tiger auto parts
auto parts new brunswick
orileys auto parts
local used replacement parts auto
auto parts delivery jobs in maryland
auto part stores long island
auto performance parts
toyota auto parts
advance auto parts jobs
jags auto parts
checker auto parts home page
smyth auto parts
celica auto parts
terryville auto parts
auto parts on line
auto parts bethesda
doodge auto parts
auto parts peabody
auto parts exhibition
oem used auto and truck parts wi
nissan auto parts
foreign auto parts
cash flow loan
personal cash loans
cash loans net payday till
utah cash advance payday loans
fast cash payday loans in advance
north dakota cash advance payday loans software
cash til payday loans in atlanta
cash loans till payday service
south carolina cash advance payday loans
kansas city payday loans and cash advance loans
fast cash loan application
payday loans quick cash instant payday loan fast c
cash rental loan
same day cash loans
cash advance loans
cash advance loan
cash advance payday loan
payday cash loan
payday cash loans
instant loans cash
fast cash loan
payday loans online cash advance loan
no fax payday loans online cash advance loan sonic cash
secured cash loans
fast cash loans
bad credit cash loan
fast cash loan new mexico
online payday cash advance loans
cash until payday loans
holiday quick cash loan
cash fast loan unsecured
e fast cash loan
business cash loans
merchant cash advance loan
business cash advance loans
business cash advance loan
payday loan cash
cash till payday loans
fast cash loan structured settlement
large fast cash loans
borrow money now cash advance simple payday loan preferred
check advance paycheck payday cash loans charlesto
cash till payday loan
payday cash loan online payday loans payday loan p
cash loan utah
secured cash loan
payday loans national cash advance bad credit payday loan
cash loan michigan
quick cash loan new mexico
military loans payroll cash advances for armed forces
fast cash payday loans
fast cash advances payday loans
missouri cash advance and payday loans
small cash advance loans
same day cash loans 4 people on benefits
fast cash advance payday loan
need cash fast loan
fast cash personal loan
united cash loans
cash loan no checking account required
investor quick cash loans
cash loans for military personel
advance cash payday loans online cash advance loan
advance cash loan online payday
xtra cash payday loan
online payday cash advance instant loans
cash advance loan washington
quick cash loan washington
ocean finance cash loan
payday cash loans fast usa only
advance cash payday loans online loan
online emergency cash loans
instant decision fast cash loans
fastbucks instant online payday loans fast cash advance
cash advances advance cash online payday loans pre
online cash payday loan online payday loans online
cash title loan
cash advance online loans
cash advance payday loan online loans
no fax payday loans online b cash advance b loan
nebraska fast cash loans
cash day fast loan pay payday quick
cash advance loan new jersey
cash loans with bad credit and no job
cash loan idaho
cash loan illinois
cash loan new mexico
quick cash loan texas
advance cash loan payday
advance advance cash loan payday
cash advance payday loan cash advance loan illinois quick
oklahoma fast cash advance payday loan
cash loan for car title
you got cash payday loan
cash and paydays installment loans direct lenders
cash and payday advances installment loans
fast cash loan rhode island
cash to payday loans
cash advance payday loans bad credit
washington cash advance payday loans software
cash advance las vegas payday loans paycheck advance online
cash advance or payday loan
cash advance loan wisconsin
fast cash loan michigan
quick cash loan michigan
payday cash loan savings account payda
bath room refit cash loan uk
abbeynational cash loans
no fax payday loans faxless payday advance no fax cash
payday loan cash advance bz credit
payday cash loan scams
payday loans advance pay day loans online cash advance quick
cash apply fastest payday loans online
military loans online payday loans cash a1paydayad
texas cash advance payday loans software
instant payday loans online cash
small cash loan
check cashing loans
get cash auto title loans
cash loans against auto title
no fax cash in 1 hour payday loans
cash advance payday loans online cash advance payday
cash payday loans online
cash advance now payday loan california cash advance
cash loans mortgage paid business travel hotel
delaware cash advance and payday loans
cash advance loan new mexico
cash loans for less than perfect credit
emergency cash loan
california cash advance payday loan
advance cash loan payday through union western wired money
payday cash advance loans online
new jersey online cash advance loans
colorado advance cash ga in loan payday
almost instant cash advance payday loans
payday loans cash advance online payday loans military loans
cash advances and payday loans installment
instant online cash loan now
fast cash advance loans till payday
payday loans online quick cash advance
small amount cash loans
pa auto title loans for cash
no credit check no faxing cash loans
cash advance chicago preferred payday loans cash a
fast cash loan colorado
cash advance 24 hoursonline payday loan
emergency advance payday hold personal check cash loans
new improved payday cash advance loans
cash advance loans no fax
payday cash loans no faxing all online

6th Circuit: Traffic stop violated Fourth Amendment

Tuesday, March 24th, 2009


March 19, 2009 

The police couldn’t stop a vehicle that was involved in an apparent exchange of drugs with a pedestrian near a store with a reputation for selling drug paraphernalia, the 6th Circuit has ruled in reversing denial of the defendant’s motion to suppress. 

Several police cars on patrol were parked across from a liquor store with a reputation for drug trafficking. The officers observed a man approach a car, talk with the driver, glance at the police and walk away. The car drove around the corner where the police couldn’t see, and the man followed. 

The officers followed the car as it drove away and stopped it based on the suspicion that some kind of criminal activity had occurred. A search revealed drugs and a gun. 

The driver of the car moved to suppress the evidence, arguing that the officers did not have a reasonable suspicion of criminal conduct. 

The court agreed, vacating his conviction. 

“Considering the totality of the circumstances, this sequence of events was insufficient to provide the officers with reasonable suspicion that a crime had been committed. Without more information, they were not justified in stopping [either man]. That the two men greeted each other in a ‘bad’ neighborhood late at night, glanced toward flashing police lights, and then spent several seconds, during which they may or may not have had any contact, in a parking area beside an open, operating liquor store – a parking area that the police, from their vantage point, could not see – was not enough, under the Fourth Amendment, to justify the intrusion of a police stop,” the court said. 

U.S. Court of Appeals, 6th Circuit. U.S. v. Keith, No. 07-5202. March 18, 2009. Lawyers USA No. 993-567.. 

RECOMMENDED FOR FULL-TEXT PUBLICATION 

Pursuant to Sixth Circuit Rule 206 

File Name: 09a0103p.06 

UNITED STATES COURT OF APPEALS 

FOR THE SIXTH CIRCUIT 

_________________ 

UNITED STATES OF AMERICA,

Plaintiff-Appellee, 

v. 

JONATHAN KEITH,

Defendant-Appellant. 

No. 07-5202 

Appeal from the United States District Court 

for the Eastern District of Kentucky at Covington. 

No. 06-00038—David L. Bunning, District Judge. 

Argued: January 16, 2009 

Decided and Filed: March 18, 2009 

Before: KENNEDY, COLE, and GILMAN, Circuit Judges. 

_________________ 

COUNSEL 

ARGUED: Kevin M. Schad, SCHAD & SCHAD, Lebanon, Ohio, for Appellant. Robert 

Kennedy McBride, ASSISTANT UNITED STATES ATTORNEY, Lexington, Kentucky, 

for Appellee. ON BRIEF: Kevin M. Schad, SCHAD & SCHAD, Lebanon, Ohio, for 

Appellant. Robert Kennedy McBride, Charles P. Wisdom, Jr., ASSISTANT UNITED 

STATES ATTORNEYS, Lexington, Kentucky, for Appellee. 

COLE, J., delivered the opinion of the court, in which GILMAN, J., joined. 

KENNEDY, J. (pp. 11-17), delivered a separate dissenting opinion. 

_________________ 

OPINION 

_________________ 

COLE, Circuit Judge. Jonathan Keith pleaded guilty to several counts, including 

possession of crack cocaine with intent to distribute and possession of a firearm in 

furtherance of drug-trafficking. He reserved the right to appeal the district court’s denial of 

his motion to suppress evidence obtained as a result of an investigatory Terry stop. He 

No. 07-5202 United States v. Keith Page 2 

claims that the officer who stopped him lacked the requisite reasonable suspicion of criminal 

conduct. He also asserts that the district court committed errors at sentencing. For the 

following reasons, we REVERSE the district court’s denial of Keith’s motion to suppress 

evidence. This renders the sentencing issues moot. 

I. BACKGROUND 

At 1:45 a.m. on March 29, 2006, Newport, Kentucky police officers Gregory 

Ripberger and Leonard Stephens were on patrol. They had just finished assisting with an 

arrest (unrelated to this case) and were standing on a corner next to multiple marked police 

cars with their lights flashing. On the opposite corner of the intersection, about fifty yards 

away, was “Big Daddy’s” liquor store. The officers could see the two sides of the building 

facing the intersecting streets: one side was the front of the store, and the other side 

contained a drive-through window sheltered by an overhang. They were not surveilling Big 

Daddy’s in particular, but the officers could see the store clearly. Their unit dealt frequently 

with narcotics crimes, and the officers knew that, in addition to the standard liquor-store fare, 

Big Daddy’s sold certain items that could be used to smoke crack cocaine, including filters 

and glass vials. Officer Ripberger had effected narcotics arrests in the surrounding area 

before, and, based on his “experience and training as a Newport police officer,” he 

considered “Big Daddy’s and [its] parking lot to be a high drug trafficking crime area.” 

(Joint Appendix “JA” 74.) 

As they stood on the corner, the two officers observed a man on foot, later identified 

as Brandon Crawford, approach a car that had pulled up to the Big Daddy’s drive-through 

window. Another man, later identified as Keith, was in the driver’s seat of the car. Officer 

Ripberger testified that Crawford “walked up to the vehicle and appeared to start talking to 

the driver, stuck his head inside the [passenger-side window of] the vehicle, and at one point 

in time he looked back at us and then removed himself from the vehicle that he was leaning 

into.” (JA 77, 97.) His head was in the car “[j]ust a few brief seconds.” (JA 78.) The car 

then pulled away from the drive-through window. The testimony of Officer Ripberger 

suggests that Keith did not pull out of the drive-through line prior to reaching the drivethrough 

window: “[Crawford] approached a silver Pontiac that was parked in the drivethrough 

at the window.” (JA 77-78 (emphasis added).) Additionally, Officer Stephens 

No. 07-5202 United States v. Keith Page 3 

stated twice that he was uncertain whether Keith had purchased something in the drivethrough; 

if Keith had pulled out of line prior to reaching the window, Officer Stephens 

would have been certain that Keith had not purchased anything. Rather than leaving the 

parking lot through an exit near the drive-through window, Keith turned and drove across 

the parking lot in front of Big Daddy’s, turned again at the corner of the building, and 

proceeded along the side of the store, which the officers could not see from their vantage 

point. The officers were aware that there were parking places and a dumpster located on that 

side of Big Daddy’s. 

At the suppression hearing, the officers repeatedly spoke of Keith going “behind” 

Big Daddy’s, but the south side of the building, which is where the officers lost sight of 

Keith, is more accurately described as the “side” of the Big Daddy’s because the building’s 

facade faces westward onto

Central Avenue

. Keith was only “behind” Big Daddy’s from 

the perspective of the officers, who were looking at the store from the northwest. As Keith 

was driving around the building, Crawford also walked across the front of Big Daddy’s 

toward the south side of the building, and, while doing so, he looked in the officers’ direction 

again. Officer Ripberger interpreted this as an attempt “to see what [the officers] were 

doing.” (JA 78-79.) When Crawford reached the corner of the building he turned, and the 

officers lost sight of him on the far side of the building. Officer Stephens testified that 

Keith’s car was out of their sight for “a few seconds,” and Crawford was out of sight for 

“[j]ust a few seconds.” (JA 123-24, 132.) In his incident report, Officer Ripberger stated 

that Crawford was out of sight and then appeared again “within seconds.” (JA 102.) 

Ripberger testified that Keith’s car was out of sight for approximately fifty seconds. (JA 

102.) Both officers acknowledged that they did not know if the two men had any contact on 

the far side of the building. Officer Ripberger testified that he and Officer Stephens 

suspected that the two men had met on the side of the building to engage in a drug deal or 

exchange alcohol that had been purchased for someone under age. Accordingly, the officers 

entered their respective patrol cars intending to confront the two individuals. 

When Keith’s car emerged from the far side of the building, it exited the parking lot 

and drove into the street. Officer Ripberger followed Keith and stopped his car, based solely 

on his suspicion that some kind of criminal activity had occurred in the few seconds that the 

officers had lost sight of Keith and Crawford (Keith did not commit any kind of traffic 

No. 07-5202 United States v. Keith Page 4 

infraction). Officer Ripberger then ran a check on Keith’s driver’s license and learned that 

it was suspended. He also viewed what appeared to be marijuana in plain sight in the car. 

A subsequent search of Keith’s car revealed a gun, and a later body-cavity search revealed 

approximately 19.8 grams of cocaine base hidden in Keith’s rectum. Officer Stephens 

conducted a separate stop of Crawford, found nothing suspicious on him, and allowed him 

to go. 

Keith was charged in a five-count indictment with: 1) possession with intent to 

distribute crack cocaine; 2) possession of a firearm by a convicted felon; 3) possession of a 

firearm in furtherance of drug-trafficking; 4) forfeiture of firearm and currency; and 

5) forfeiture of firearm. Claiming that Officer Ripberger did not have reasonable suspicion 

to believe that he had engaged in criminal activity, Keith moved to suppress the fruits of the 

initial stop of his car. He did not challenge any of the officers’ actions subsequent to the stop 

and does not make any such challenge on appeal. A magistrate judge issued a Report and 

Recommendation denying the motion to suppress, and the district judge adopted the Report 

and Recommendation in full. Keith entered a conditional guilty plea, reserving the right to 

appeal the denial of his suppression motion. 

II. ANALYSIS 

A. Standard of review 

In reviewing a district court’s decision on a motion to suppress, we review factual 

findings for clear error and the application of the law to those findings de novo. United 

States v. Garcia, 496 F.3d 495, 502 (6th Cir. 2007). We “‘must consider evidence in the 

light most likely to support the district court’s decision[.]’” Id. (quoting United States v. 

Marxen, 410 F.3d 326, 328 (6th Cir. 2005)). Keith does not challenge the facts as stated by 

the magistrate judge and the district court—the issue before us is the application of the law 

to those facts. 

B. Legal standard for existence of reasonable suspicion 

A Terry stop is permissible only if law enforcement officers had a “particularized and 

objective basis for suspecting the particular person stopped of criminal activity,” United 

States v. Cortez, 449 U.S. 411, 417-18 (1981), and “were aware of specific and articulable 

No. 07-5202 United States v. Keith Page 5 

facts which gave rise to reasonable suspicion.” United States v. Davis, 514 F.3d 596, 608 

(6th Cir. 2008) (internal quotation marks omitted). Reasonable suspicion does not 

materialize merely because a person “looked suspicious” and was in a “high drug problem 

area.” Brown v. Texas, 443 U.S. 47, 49, 52 (1979); see also Illinois v. Wardlow, 528 U.S. 

119, 124 (2000) (“An individual’s presence in an area of expected criminal activity, standing 

alone, is not enough to support a reasonable, particularized suspicion that the person is 

committing a crime.”). “An officer must not act on an ‘inchoate and unparticularized 

suspicion or ‘hunch,’ but [on] the specific reasonable inferences [] which he is entitled to 

draw from the facts in light of his experience.’” United States v. Urrieta, 520 F.3d 569, 573 

(6th Cir. 2008) (quoting Terry v. Ohio, 392 U.S. 1, 27 (1968)). We consider the totality of 

the circumstances to determine the reasonableness of the stop. Id

In United States v. Urrieta, we reversed a district court’s denial of a motion to 

suppress evidence in the context of a stop and detention of a motorist suspected of drugtrafficking. 

520 F.3d at 579. Urrieta was driving a sports utility vehicle (“SUV”) fully 

packed with belongings and towing another car packed similarly. Id. at 575. He had a 

Mexican driver’s license, the SUV had an expired registration tag, and the two passengers 

in the SUV appeared nervous. Id. Urrieta misrepresented his immigration status to the 

deputy sheriff conducting the stop and said he could not find his passport. Id. The deputy 

sheriff claimed that these facts provided him with reasonable suspicion that Urrieta was 

transporting drugs. Id. We disagreed and held that the circumstances did not support such 

a finding. We noted that “[t]he Fourth Amendment simply does not allow a detention based 

on an officer’s ‘gut feeling’ that a suspect is up to no good.” Id. at 578. 

In United States v. Townsend, 305 F.3d 537, 545 (6th Cir. 2002), we affirmed the 

district court’s suppression of evidence based on a finding that officers lacked reasonable 

suspicion to detain a car for the arrival of drug-detection dogs after validly stopping the car 

for speeding. The government offered ten reasons to support its claim that the officers had 

reasonable suspicion that Townsend was transporting drugs, including that the stop occurred 

at 3:00 a.m., the passengers were overly cooperative and appeared nervous, the driver was 

not the owner of the car (although he was listed on the insurance), and the suspects’ travel 

plans were slightly dubious. Id. at 542-45. We assessed the persuasiveness of each of the 

asserted reasons and then considered all the reasons together to determine whether they 

No. 07-5202 United States v. Keith Page 6 

amounted to reasonable suspicion of criminal activity. Id. There, we held that they did not 

because “[a]lthough the government has pointed to several factors . . . which we have 

recognized as valid considerations in forming reasonable suspicion, they are all relatively 

minor[,] and . . . this case lacks any of the stronger indicators of criminal conduct that have 

accompanied these minor factors in other cases.” Id. at 545. 

In Patterson v. City of Cleveland, which involved a 28 U.S.C. § 1983 claim rather 

a suppression motion, an officer whose unit specialized in “high crime drug areas” was on 

patrol around midnight when she saw two African-American men, about whom she had no 

information, “involved in some type of exchange . . . huddled together on the sidewalk.” 

1999 U.S. App. LEXIS 1203, at *2 (6th Cir. Jan. 21, 1999) (unpublished). The officer did 

not see anything exchanged, although one of the men “had his hands in a ‘cup-like fashion.’” 

Id. When the police arrived, the two men “pulled their hands apart” and walked quickly up 

the street. Id. at *2-3. We held that “[t]hese facts, standing alone, would not allow a 

reasonable police officer to conclude that illicit activity was in progress,” and we reversed 

a grant of summary judgment that had been based on a finding of qualified immunity. Id

at *19-20. 

On the other hand, factors that appear innocent in isolation may combine to form 

circumstances that, as a whole, support a finding of reasonable suspicion. United States v. 

Arvizu, 534 U.S. 266, 273-75 (2002) (officers may “draw on their own experience and 

specialized training to make inferences from and deductions about the cumulative 

information available to them that ‘might well elude an untrained person’” (quoting Cortez

449 U.S. at 418)); United States v. Sokolow, 490 U.S. 1, 9 (1989). In addition, evasive 

behavior on the part of a suspect is a factor that may support a finding of reasonable 

suspicion. See Wardlow, 528 U.S. at 124 (unprovoked flight upon noticing the police in an 

area of heavy narcotics trafficking supports reasonable suspicion). While presence in a high 

crime area does not, on its own, create reasonable suspicion, it is “among the relevant 

contextual considerations.” Id

We have found reasonable suspicion in several cases with facts that, at first blush, 

seem somewhat similar to those at issue here. In United States v. Green, an unpublished 

No. 07-5202 United States v. Keith Page 7 

decision, we held that officers had reasonable suspicion to support an investigatory stop 

because although 

[a] solitary female might lawfully pause and lean toward the window of a 

stopped vehicle at 2:45 a.m. in an area known for drug trafficking and 

prostitution, and then decide to walk away as a squad car approached[,] . . . 

that possibility is so slight that a reasonable police officer encountering that 

situation can properly conclude that something illegal (most likely 

solicitation for prostitution) is afoot. 

157 F. App’x 853, 856 (6th Cir. 2005); see also United States v. Lewis, 2000 U.S. App. 

LEXIS 3308, at *2-3 (6th Cir. Feb. 29, 2000) (finding reasonable suspicion where 

undercover officers observed two juveniles acting as “decoys” and then noticed defendant 

and others exiting a vehicle and “look[ing] nervous and frightened as if they desired to 

flee”). Similarly, in United States v. Connally, 1993 U.S. App. LEXIS 1090, at *5 (6th Cir. 

Jan. 15, 1993), we found that, although no single factor was sufficient, the following factors, 

in combination, provided reasonable suspicion for a stop: “the officers knew this was a high 

drug trafficking area; [] they had seen drug dealing taking place here before; [] the pedestrian 

had thrown something in the van upon seeing the police; and [] the pedestrian quickly 

walked away and the van quickly pulled away.” Although unpublished decisions do not 

have precedential authority, see United States v. Sanford, 476 F.3d 391, 396 (6th Cir. 2007), 

they may be considered for their persuasive value in our analysis of “[t]he concept[] of 

‘reasonable suspicion,’” which “do[es] not permit of precise judicial definition and [is] 

dependent on circumstances.” Townsend, 305 F.3d at 542. With this in mind, we turn to 

whether the facts known to Officer Ripberger at the time he stopped Keith were sufficient 

to create reasonable suspicion that Keith had been engaged in criminal activity. 

C. The officers did not have reasonable suspicion of criminal activity 

In this case, although the officers were aware that Big Daddy’s sold items that can 

be used in the consumption of crack cocaine, the suspects’ encounter took place outside an 

open, operating business that sold a full range of legal products. Officer Ripberger agreed 

that there was nothing unusual about Keith patronizing Big Daddy’s around 2:00 a.m. and 

that it is, in fact, “kind of a popular place” at that time. (JA 96.) While Officer Ripberger 

testified that, based on his experience and knowledge of the area, he considered the parking 

lot of Big Daddy’s to be a location where drug-trafficking is likely to occur, he did not state 

No. 07-5202 United States v. Keith Page 8 

that he had actually made drug-related arrests in the parking lot or witnessed drug 

transactions there in the past. 

Initially, Officer Ripberger thought it was “out of the ordinary” for a pedestrian to 

approach a car parked at the drive-through window and talk to the driver, although this 

carries little weight, as it was based on Ripberger’s personal experience of having gone 

“through the drive-through several times and never [having] had someone come up to [his] 

window.” (JA 115.) The officers then thought it suspicious that Crawford looked in their 

direction while talking to the man in the car and then looked toward them again while 

walking across the front of the building. This contributed to the officers’ feeling that the two 

men intended to re-join each other out the officers’ sight. However, it is entirely to be 

expected that, out of curiosity, Crawford’s attention was drawn to the nearby police cars with 

flashing lights at that time of the night. Counsel for the Government conceded at oral 

argument that he, too, would likely have looked over toward the spectacle on the opposite 

corner. 

The main factor that Officers Ripberger and Stephens found suspicious was that after 

Crawford had glanced in their direction, both Keith and Crawford moved to the far side of 

Big Daddy’s. The officers interpreted this as evincing an intent to avoid police observation, 

but Keith’s and Crawford’s actions were more ambiguous than the examples of “evasion” 

that have contributed to findings of reasonable suspicion in other cases. See United States 

v. Patterson, 340 F.3d 368, 372 (6th Cir. 2003) (finding that “walking away from the police 

when they got out of their unmarked car constitutes a factor” so innocent as “to be outrightly 

dismissed” in assessing whether police had reasonable suspicion); Patterson v. City of 

Cleveland, 1999 U.S. App. LEXIS 1203, at *2-3 (finding no reasonable suspicion where, 

when suspects saw police arrive, they pulled their hands apart and departed up the street); 

cf. Wardlow, 528 U.S. at 124 (finding reasonable suspicion based on “headlong flight” from 

officers); Florida v. Rodriguez, 469 U.S. 1, 6 (1984) (finding reasonable suspicion where 

one suspect was overheard urging another to “get out of here” and suspect made movements 

suggesting attempt to flee); United States v. Caruthers, 458 F.3d 459, 462 (6th Cir. 2006) 

(finding reasonable suspicion where, after officer asked him to approach police car, 

defendant “took off real quick . . . semi-running” and “hunched down” against a wall); 

United States v. Helm, 85 F. App’x 475, 476 (6th Cir. 2004) (finding reasonable suspicion 

No. 07-5202 United States v. Keith Page 9 

where, in addition to other suspicious conduct, driver drove in an evasive manner); Lewis

2000 U.S. App. LEXIS 3308, at *2-3 (finding reasonable suspicion where officers 

recognized use of decoys and observed nervousness and an apparent desire to flee). 

We are not convinced that the manner in which Keith and Crawford moved from one 

side of Big Daddy’s to the other, combined with Crawford’s two glances in the direction of 

the officers’ flashing police lights, created reasonable suspicion of criminal conduct. The 

officers had no information about these two men nor any additional facts to support their 

claim of reasonable suspicion, other than the late hour and the “bad” neighborhood in which 

they were located. In United States v. Paulette, on which the dissent relies, the officers 

actually “observed [the defendant] and another individual engage in a hand-to-hand 

transaction.” 457 F.3d 601, 602 (6th Cir. 2006). Here, Keith and Crawford did not 

exchange anything or attempt to hide any object from sight. See, e.g., Joshua v. DeWitt, 341 

F.3d 430, 443-44 (6th Cir. 2003) (rejecting state court’s reliance on “furtive gestures” where 

record did not indicate that suspects engaged in any specific furtive conduct, such as 

“mov[ing] their bodies or arms to conceal anything”); cf. Connally, 1993 U.S. App. LEXIS 

1090, at *5 (finding reasonable suspicion, in part because an object was thrown into a van 

when police approached). Though their knowledge of the parking area on the far side of Big 

Daddy’s led the officers to believe that Keith and Crawford would not have had any reason 

to go there, it was possible that Keith was indecisive about which exit from the parking lot 

to use or that one of the men wished to discard trash in the dumpster. 

The Green case, in which a solitary woman leaned into a car at 2:45 a.m. in an area 

known for prostitution and then walked away when the police appeared, is also 

distinguishable. Although the officers’ observations there were similar to those in this case, 

in Green the conversation itself constituted the suspected crime (soliciting prostitution), and 

the officers observed that conduct directly. Here, by contrast, the officers did not witness 

any act that arguably appeared to be illegal. Crawford and Keith could very well have been 

neighborhood acquaintances rather than drug traffickers, and Crawford might well have 

leaned into Keith’s car window to greet him or to ask if he knew why police cars with 

flashing lights were gathered on the corner. The two men might have had no further contact 

in the parking lot on the opposite side of Big Daddy’s, or they might have exchanged a few 

innocuous words. 

No. 07-5202 United States v. Keith Page 10 

Considering the totality of the circumstances, this sequence of events was insufficient 

to provide the officers with reasonable suspicion that a crime had been committed. Without 

more information, they were not justified in stopping Keith or Crawford. That the two men 

greeted each other in a “bad” neighborhood late at night, glanced toward flashing police 

lights, and then spent several seconds, during which they may or may not have had any 

contact, in a parking area beside an open, operating liquor store—a parking area that the 

police, from their vantage point, could not see—was not enough, under the Fourth 

Amendment, to justify the intrusion of a police stop. See Terry, 392 U.S. at 27 (an 

“unparticularized suspicion or ‘hunch’” is not enough); Urrieta, 520 F.3d at 575 (“an 

officer’s ‘gut feeling’ that a suspect is up to no good” is not enough). 

III. CONCLUSION 

For the foregoing reasons, we REVERSE the district court’s denial of Keith’s 

motion to suppress and REMAND for proceedings consistent with this opinion. 

No. 07-5202 United States v. Keith Page 11 

_______________ 

6TH CIRCUIT: TRAFFIC STOP VIOLATED FOURTH AMENDMENT – two men talking to each other near store with reputation for selling drugs insufficient basis for traffic stop

Tuesday, March 24th, 2009

March 19, 2009 

The Sixth Circuit Court of Appeals recently suppressed evidence obtained in a traffic stop based on insufficient probable cause. 

The police couldn’t stop a vehicle that was involved in an apparent exchange of drugs with a pedestrian near a store with a reputation for selling drug paraphernalia, the 6th Circuit has ruled in reversing denial of the defendant’s motion to suppress. 

Several police cars on patrol were parked across from a liquor store with a reputation for drug trafficking. The officers observed a man approach a car, talk with the driver, glance at the police and walk away. The car drove around the corner where the police couldn’t see, and the man followed. 

The officers followed the car as it drove away and stopped it based on the suspicion that some kind of criminal activity had occurred. A search revealed drugs and a gun. 

The driver of the car moved to suppress the evidence, arguing that the officers did not have a reasonable suspicion of criminal conduct. 

The court vacated the conviction and said: 

“Considering the totality of the circumstances, this sequence of events was insufficient to provide the officers with reasonable suspicion that a crime had been committed. Without more information, they were not justified in stopping [either man]. That the two men greeted each other in a ‘bad’ neighborhood late at night, glanced toward flashing police lights, and then spent several seconds, during which they may or may not have had any contact, in a parking area beside an open, operating liquor store – a parking area that the police, from their vantage point, could not see – was not enough, under the Fourth Amendment, to justify the intrusion of a police stop,” the court said. 

U.S. Court of Appeals, 6th Circuit. U.S. v. Keith, No. 07-5202. March 18, 2009. Lawyers USA No. 993-567.. 

RECOMMENDED FOR FULL-TEXT PUBLICATION 

Pursuant to Sixth Circuit Rule 206 

File Name: 09a0103p.06 

UNITED STATES COURT OF APPEALS 

FOR THE SIXTH CIRCUIT 

_________________ 

UNITED STATES OF AMERICA

Plaintiff-Appellee, 

v. 

JONATHAN KEITH

Defendant-Appellant. 

No. 07-5202 

Appeal from the United States District Court 

for the Eastern District of Kentucky at Covington. 

No. 06-00038—David L. Bunning, District Judge. 

Argued: January 16, 2009 

Decided and Filed: March 18, 2009 

Before: KENNEDY, COLE, and GILMAN, Circuit Judges. 

_________________ 

COUNSEL 

ARGUED: Kevin M. Schad, SCHAD & SCHAD, Lebanon, Ohio, for Appellant. Robert 

Kennedy McBride, ASSISTANT UNITED STATES ATTORNEY, Lexington, Kentucky, 

for Appellee. ON BRIEF: Kevin M. Schad, SCHAD & SCHAD, Lebanon, Ohio, for 

Appellant. Robert Kennedy McBride, Charles P. Wisdom, Jr., ASSISTANT UNITED 

STATES ATTORNEYS, Lexington, Kentucky, for Appellee. 

COLE, J., delivered the opinion of the court, in which GILMAN, J., joined. 

KENNEDY, J. (pp. 11-17), delivered a separate dissenting opinion. 

_________________ 

OPINION 

_________________ 

COLE, Circuit Judge. Jonathan Keith pleaded guilty to several counts, including 

possession of crack cocaine with intent to distribute and possession of a firearm in 

furtherance of drug-trafficking. He reserved the right to appeal the district court’s denial of 

his motion to suppress evidence obtained as a result of an investigatory Terry stop. He 

No. 07-5202 United States v. Keith Page 2 

claims that the officer who stopped him lacked the requisite reasonable suspicion of criminal 

conduct. He also asserts that the district court committed errors at sentencing. For the 

following reasons, we REVERSE the district court’s denial of Keith’s motion to suppress 

evidence. This renders the sentencing issues moot. 

I. BACKGROUND 

At 1:45 a.m. on March 29, 2006, Newport, Kentucky police officers Gregory 

Ripberger and Leonard Stephens were on patrol. They had just finished assisting with an 

arrest (unrelated to this case) and were standing on a corner next to multiple marked police 

cars with their lights flashing. On the opposite corner of the intersection, about fifty yards 

away, was “Big Daddy’s” liquor store. The officers could see the two sides of the building 

facing the intersecting streets: one side was the front of the store, and the other side 

contained a drive-through window sheltered by an overhang. They were not surveilling Big 

Daddy’s in particular, but the officers could see the store clearly. Their unit dealt frequently 

with narcotics crimes, and the officers knew that, in addition to the standard liquor-store fare, 

Big Daddy’s sold certain items that could be used to smoke crack cocaine, including filters 

and glass vials. Officer Ripberger had effected narcotics arrests in the surrounding area 

before, and, based on his “experience and training as a Newport police officer,” he 

considered “Big Daddy’s and [its] parking lot to be a high drug trafficking crime area.” 

(Joint Appendix “JA” 74.) 

As they stood on the corner, the two officers observed a man on foot, later identified 

as Brandon Crawford, approach a car that had pulled up to the Big Daddy’s drive-through 

window. Another man, later identified as Keith, was in the driver’s seat of the car. Officer 

Ripberger testified that Crawford “walked up to the vehicle and appeared to start talking to 

the driver, stuck his head inside the [passenger-side window of] the vehicle, and at one point 

in time he looked back at us and then removed himself from the vehicle that he was leaning 

into.” (JA 77, 97.) His head was in the car “[j]ust a few brief seconds.” (JA 78.) The car 

then pulled away from the drive-through window. The testimony of Officer Ripberger 

suggests that Keith did not pull out of the drive-through line prior to reaching the drivethrough 

window: “[Crawford] approached a silver Pontiac that was parked in the drivethrough 

at the window.” (JA 77-78 (emphasis added).) Additionally, Officer Stephens 

No. 07-5202 United States v. Keith Page 3 

stated twice that he was uncertain whether Keith had purchased something in the drivethrough; 

if Keith had pulled out of line prior to reaching the window, Officer Stephens 

would have been certain that Keith had not purchased anything. Rather than leaving the 

parking lot through an exit near the drive-through window, Keith turned and drove across 

the parking lot in front of Big Daddy’s, turned again at the corner of the building, and 

proceeded along the side of the store, which the officers could not see from their vantage 

point. The officers were aware that there were parking places and a dumpster located on that 

side of Big Daddy’s. 

At the suppression hearing, the officers repeatedly spoke of Keith going “behind” 

Big Daddy’s, but the south side of the building, which is where the officers lost sight of 

Keith, is more accurately described as the “side” of the Big Daddy’s because the building’s 

facade faces westward onto

Central Avenue

. Keith was only “behind” Big Daddy’s from 

the perspective of the officers, who were looking at the store from the northwest. As Keith 

was driving around the building, Crawford also walked across the front of Big Daddy’s 

toward the south side of the building, and, while doing so, he looked in the officers’ direction 

again. Officer Ripberger interpreted this as an attempt “to see what [the officers] were 

doing.” (JA 78-79.) When Crawford reached the corner of the building he turned, and the 

officers lost sight of him on the far side of the building. Officer Stephens testified that 

Keith’s car was out of their sight for “a few seconds,” and Crawford was out of sight for 

“[j]ust a few seconds.” (JA 123-24, 132.) In his incident report, Officer Ripberger stated 

that Crawford was out of sight and then appeared again “within seconds.” (JA 102.) 

Ripberger testified that Keith’s car was out of sight for approximately fifty seconds. (JA 

102.) Both officers acknowledged that they did not know if the two men had any contact on 

the far side of the building. Officer Ripberger testified that he and Officer Stephens 

suspected that the two men had met on the side of the building to engage in a drug deal or 

exchange alcohol that had been purchased for someone under age. Accordingly, the officers 

entered their respective patrol cars intending to confront the two individuals. 

When Keith’s car emerged from the far side of the building, it exited the parking lot 

and drove into the street. Officer Ripberger followed Keith and stopped his car, based solely 

on his suspicion that some kind of criminal activity had occurred in the few seconds that the 

officers had lost sight of Keith and Crawford (Keith did not commit any kind of traffic 

No. 07-5202 United States v. Keith Page 4 

infraction). Officer Ripberger then ran a check on Keith’s driver’s license and learned that 

it was suspended. He also viewed what appeared to be marijuana in plain sight in the car. 

A subsequent search of Keith’s car revealed a gun, and a later body-cavity search revealed 

approximately 19.8 grams of cocaine base hidden in Keith’s rectum. Officer Stephens 

conducted a separate stop of Crawford, found nothing suspicious on him, and allowed him 

to go. 

Keith was charged in a five-count indictment with: 1) possession with intent to 

distribute crack cocaine; 2) possession of a firearm by a convicted felon; 3) possession of a 

firearm in furtherance of drug-trafficking; 4) forfeiture of firearm and currency; and 

5) forfeiture of firearm. Claiming that Officer Ripberger did not have reasonable suspicion 

to believe that he had engaged in criminal activity, Keith moved to suppress the fruits of the 

initial stop of his car. He did not challenge any of the officers’ actions subsequent to the stop 

and does not make any such challenge on appeal. A magistrate judge issued a Report and 

Recommendation denying the motion to suppress, and the district judge adopted the Report 

and Recommendation in full. Keith entered a conditional guilty plea, reserving the right to 

appeal the denial of his suppression motion. 

II. ANALYSIS 

A. Standard of review 

In reviewing a district court’s decision on a motion to suppress, we review factual 

findings for clear error and the application of the law to those findings de novo. United 

States v. Garcia, 496 F.3d 495, 502 (6th Cir. 2007). We “‘must consider evidence in the 

light most likely to support the district court’s decision[.]’” Id. (quoting United States v. 

Marxen, 410 F.3d 326, 328 (6th Cir. 2005)). Keith does not challenge the facts as stated by 

the magistrate judge and the district court—the issue before us is the application of the law 

to those facts. 

B. Legal standard for existence of reasonable suspicion 

A Terry stop is permissible only if law enforcement officers had a “particularized and 

objective basis for suspecting the particular person stopped of criminal activity,” United 

States v. Cortez, 449 U.S. 411, 417-18 (1981), and “were aware of specific and articulable 

No. 07-5202 United States v. Keith Page 5 

facts which gave rise to reasonable suspicion.” United States v. Davis, 514 F.3d 596, 608 

(6th Cir. 2008) (internal quotation marks omitted). Reasonable suspicion does not 

materialize merely because a person “looked suspicious” and was in a “high drug problem 

area.” Brown v. Texas, 443 U.S. 47, 49, 52 (1979); see also Illinois v. Wardlow, 528 U.S. 

119, 124 (2000) (“An individual’s presence in an area of expected criminal activity, standing 

alone, is not enough to support a reasonable, particularized suspicion that the person is 

committing a crime.”). “An officer must not act on an ‘inchoate and unparticularized 

suspicion or ‘hunch,’ but [on] the specific reasonable inferences [] which he is entitled to 

draw from the facts in light of his experience.’” United States v. Urrieta, 520 F.3d 569, 573 

(6th Cir. 2008) (quoting Terry v. Ohio, 392 U.S. 1, 27 (1968)). We consider the totality of 

the circumstances to determine the reasonableness of the stop. Id

In United States v. Urrieta, we reversed a district court’s denial of a motion to 

suppress evidence in the context of a stop and detention of a motorist suspected of drugtrafficking. 

520 F.3d at 579. Urrieta was driving a sports utility vehicle (“SUV”) fully 

packed with belongings and towing another car packed similarly. Id. at 575. He had a 

Mexican driver’s license, the SUV had an expired registration tag, and the two passengers 

in the SUV appeared nervous. Id. Urrieta misrepresented his immigration status to the 

deputy sheriff conducting the stop and said he could not find his passport. Id. The deputy 

sheriff claimed that these facts provided him with reasonable suspicion that Urrieta was 

transporting drugs. Id. We disagreed and held that the circumstances did not support such 

a finding. We noted that “[t]he Fourth Amendment simply does not allow a detention based 

on an officer’s ‘gut feeling’ that a suspect is up to no good.” Id. at 578. 

In United States v. Townsend, 305 F.3d 537, 545 (6th Cir. 2002), we affirmed the 

district court’s suppression of evidence based on a finding that officers lacked reasonable 

suspicion to detain a car for the arrival of drug-detection dogs after validly stopping the car 

for speeding. The government offered ten reasons to support its claim that the officers had 

reasonable suspicion that Townsend was transporting drugs, including that the stop occurred 

at 3:00 a.m., the passengers were overly cooperative and appeared nervous, the driver was 

not the owner of the car (although he was listed on the insurance), and the suspects’ travel 

plans were slightly dubious. Id. at 542-45. We assessed the persuasiveness of each of the 

asserted reasons and then considered all the reasons together to determine whether they 

No. 07-5202 United States v. Keith Page 6 

amounted to reasonable suspicion of criminal activity. Id. There, we held that they did not 

because “[a]lthough the government has pointed to several factors . . . which we have 

recognized as valid considerations in forming reasonable suspicion, they are all relatively 

minor[,] and . . . this case lacks any of the stronger indicators of criminal conduct that have 

accompanied these minor factors in other cases.” Id. at 545. 

In Patterson v. City of Cleveland, which involved a 28 U.S.C. § 1983 claim rather 

a suppression motion, an officer whose unit specialized in “high crime drug areas” was on 

patrol around midnight when she saw two African-American men, about whom she had no 

information, “involved in some type of exchange . . . huddled together on the sidewalk.” 

1999 U.S. App. LEXIS 1203, at *2 (6th Cir. Jan. 21, 1999) (unpublished). The officer did 

not see anything exchanged, although one of the men “had his hands in a ‘cup-like fashion.’” 

Id. When the police arrived, the two men “pulled their hands apart” and walked quickly up 

the street. Id. at *2-3. We held that “[t]hese facts, standing alone, would not allow a 

reasonable police officer to conclude that illicit activity was in progress,” and we reversed 

a grant of summary judgment that had been based on a finding of qualified immunity. Id

at *19-20. 

On the other hand, factors that appear innocent in isolation may combine to form 

circumstances that, as a whole, support a finding of reasonable suspicion. United States v. 

Arvizu, 534 U.S. 266, 273-75 (2002) (officers may “draw on their own experience and 

specialized training to make inferences from and deductions about the cumulative 

information available to them that ‘might well elude an untrained person’” (quoting Cortez

449 U.S. at 418)); United States v. Sokolow, 490 U.S. 1, 9 (1989). In addition, evasive 

behavior on the part of a suspect is a factor that may support a finding of reasonable 

suspicion. See Wardlow, 528 U.S. at 124 (unprovoked flight upon noticing the police in an 

area of heavy narcotics trafficking supports reasonable suspicion). While presence in a high 

crime area does not, on its own, create reasonable suspicion, it is “among the relevant 

contextual considerations.” Id

We have found reasonable suspicion in several cases with facts that, at first blush, 

seem somewhat similar to those at issue here. In United States v. Green, an unpublished 

No. 07-5202 United States v. Keith Page 7 

decision, we held that officers had reasonable suspicion to support an investigatory stop 

because although 

[a] solitary female might lawfully pause and lean toward the window of a 

stopped vehicle at 2:45 a.m. in an area known for drug trafficking and 

prostitution, and then decide to walk away as a squad car approached[,] . . . 

that possibility is so slight that a reasonable police officer encountering that 

situation can properly conclude that something illegal (most likely 

solicitation for prostitution) is afoot. 

157 F. App’x 853, 856 (6th Cir. 2005); see also United States v. Lewis, 2000 U.S. App. 

LEXIS 3308, at *2-3 (6th Cir. Feb. 29, 2000) (finding reasonable suspicion where 

undercover officers observed two juveniles acting as “decoys” and then noticed defendant 

and others exiting a vehicle and “look[ing] nervous and frightened as if they desired to 

flee”). Similarly, in United States v. Connally, 1993 U.S. App. LEXIS 1090, at *5 (6th Cir. 

Jan. 15, 1993), we found that, although no single factor was sufficient, the following factors, 

in combination, provided reasonable suspicion for a stop: “the officers knew this was a high 

drug trafficking area; [] they had seen drug dealing taking place here before; [] the pedestrian 

had thrown something in the van upon seeing the police; and [] the pedestrian quickly 

walked away and the van quickly pulled away.” Although unpublished decisions do not 

have precedential authority, see United States v. Sanford, 476 F.3d 391, 396 (6th Cir. 2007), 

they may be considered for their persuasive value in our analysis of “[t]he concept[] of 

‘reasonable suspicion,’” which “do[es] not permit of precise judicial definition and [is] 

dependent on circumstances.” Townsend, 305 F.3d at 542. With this in mind, we turn to 

whether the facts known to Officer Ripberger at the time he stopped Keith were sufficient 

to create reasonable suspicion that Keith had been engaged in criminal activity. 

C. The officers did not have reasonable suspicion of criminal activity 

In this case, although the officers were aware that Big Daddy’s sold items that can 

be used in the consumption of crack cocaine, the suspects’ encounter took place outside an 

open, operating business that sold a full range of legal products. Officer Ripberger agreed 

that there was nothing unusual about Keith patronizing Big Daddy’s around 2:00 a.m. and 

that it is, in fact, “kind of a popular place” at that time. (JA 96.) While Officer Ripberger 

testified that, based on his experience and knowledge of the area, he considered the parking 

lot of Big Daddy’s to be a location where drug-trafficking is likely to occur, he did not state 

No. 07-5202 United States v. Keith Page 8 

that he had actually made drug-related arrests in the parking lot or witnessed drug 

transactions there in the past. 

Initially, Officer Ripberger thought it was “out of the ordinary” for a pedestrian to 

approach a car parked at the drive-through window and talk to the driver, although this 

carries little weight, as it was based on Ripberger’s personal experience of having gone 

“through the drive-through several times and never [having] had someone come up to [his] 

window.” (JA 115.) The officers then thought it suspicious that Crawford looked in their 

direction while talking to the man in the car and then looked toward them again while 

walking across the front of the building. This contributed to the officers’ feeling that the two 

men intended to re-join each other out the officers’ sight. However, it is entirely to be 

expected that, out of curiosity, Crawford’s attention was drawn to the nearby police cars with 

flashing lights at that time of the night. Counsel for the Government conceded at oral 

argument that he, too, would likely have looked over toward the spectacle on the opposite 

corner. 

The main factor that Officers Ripberger and Stephens found suspicious was that after 

Crawford had glanced in their direction, both Keith and Crawford moved to the far side of 

Big Daddy’s. The officers interpreted this as evincing an intent to avoid police observation, 

but Keith’s and Crawford’s actions were more ambiguous than the examples of “evasion” 

that have contributed to findings of reasonable suspicion in other cases. See United States 

v. Patterson, 340 F.3d 368, 372 (6th Cir. 2003) (finding that “walking away from the police 

when they got out of their unmarked car constitutes a factor” so innocent as “to be outrightly 

dismissed” in assessing whether police had reasonable suspicion); Patterson v. City of 

Cleveland, 1999 U.S. App. LEXIS 1203, at *2-3 (finding no reasonable suspicion where, 

when suspects saw police arrive, they pulled their hands apart and departed up the street); 

cf. Wardlow, 528 U.S. at 124 (finding reasonable suspicion based on “headlong flight” from 

officers); Florida v. Rodriguez, 469 U.S. 1, 6 (1984) (finding reasonable suspicion where 

one suspect was overheard urging another to “get out of here” and suspect made movements 

suggesting attempt to flee); United States v. Caruthers, 458 F.3d 459, 462 (6th Cir. 2006) 

(finding reasonable suspicion where, after officer asked him to approach police car, 

defendant “took off real quick . . . semi-running” and “hunched down” against a wall); 

United States v. Helm, 85 F. App’x 475, 476 (6th Cir. 2004) (finding reasonable suspicion 

No. 07-5202 United States v. Keith Page 9 

where, in addition to other suspicious conduct, driver drove in an evasive manner); Lewis

2000 U.S. App. LEXIS 3308, at *2-3 (finding reasonable suspicion where officers 

recognized use of decoys and observed nervousness and an apparent desire to flee). 

We are not convinced that the manner in which Keith and Crawford moved from one 

side of Big Daddy’s to the other, combined with Crawford’s two glances in the direction of 

the officers’ flashing police lights, created reasonable suspicion of criminal conduct. The 

officers had no information about these two men nor any additional facts to support their 

claim of reasonable suspicion, other than the late hour and the “bad” neighborhood in which 

they were located. In United States v. Paulette, on which the dissent relies, the officers 

actually “observed [the defendant] and another individual engage in a hand-to-hand 

transaction.” 457 F.3d 601, 602 (6th Cir. 2006). Here, Keith and Crawford did not 

exchange anything or attempt to hide any object from sight. See, e.g., Joshua v. DeWitt, 341 

F.3d 430, 443-44 (6th Cir. 2003) (rejecting state court’s reliance on “furtive gestures” where 

record did not indicate that suspects engaged in any specific furtive conduct, such as 

“mov[ing] their bodies or arms to conceal anything”); cf. Connally, 1993 U.S. App. LEXIS 

1090, at *5 (finding reasonable suspicion, in part because an object was thrown into a van 

when police approached). Though their knowledge of the parking area on the far side of Big 

Daddy’s led the officers to believe that Keith and Crawford would not have had any reason 

to go there, it was possible that Keith was indecisive about which exit from the parking lot 

to use or that one of the men wished to discard trash in the dumpster. 

The Green case, in which a solitary woman leaned into a car at 2:45 a.m. in an area 

known for prostitution and then walked away when the police appeared, is also 

distinguishable. Although the officers’ observations there were similar to those in this case, 

in Green the conversation itself constituted the suspected crime (soliciting prostitution), and 

the officers observed that conduct directly. Here, by contrast, the officers did not witness 

any act that arguably appeared to be illegal. Crawford and Keith could very well have been 

neighborhood acquaintances rather than drug traffickers, and Crawford might well have 

leaned into Keith’s car window to greet him or to ask if he knew why police cars with 

flashing lights were gathered on the corner. The two men might have had no further contact 

in the parking lot on the opposite side of Big Daddy’s, or they might have exchanged a few 

innocuous words. 

No. 07-5202 United States v. Keith Page 10 

Considering the totality of the circumstances, this sequence of events was insufficient 

to provide the officers with reasonable suspicion that a crime had been committed. Without 

more information, they were not justified in stopping Keith or Crawford. That the two men 

greeted each other in a “bad” neighborhood late at night, glanced toward flashing police 

lights, and then spent several seconds, during which they may or may not have had any 

contact, in a parking area beside an open, operating liquor store—a parking area that the 

police, from their vantage point, could not see—was not enough, under the Fourth 

Amendment, to justify the intrusion of a police stop. See Terry, 392 U.S. at 27 (an 

“unparticularized suspicion or ‘hunch’” is not enough); Urrieta, 520 F.3d at 575 (“an 

officer’s ‘gut feeling’ that a suspect is up to no good” is not enough). 

III. CONCLUSION 

For the foregoing reasons, we REVERSE the district court’s denial of Keith’s 

motion to suppress and REMAND for proceedings consistent with this opinion. 

No. 07-5202 United States v. Keith Page 11 

_______________ 

DISSENT filed

Clay County Circuit Judge R. Cletus Miracle bail hearing expands issues

Tuesday, March 24th, 2009

In a bail hearing for former Clay Circuit Judge Cletus Miracle, FBI special agent Timothy Briggs testified at length, saying Maricle was involved in “directing” a witness on how to testify to the grand jury investigating the alleged election-fraud case – an accusation included in the indictment issued last week. 

Briggs said the judge had tried to identify other witnesses. He said Maricle (while a Judge) gave a government source a list of nearly two dozen people the judge thought were grand jury witnesses. As it turned out, many were among the more than 100 witnesses, Briggs said. 

U.S. Magistrate Judge Robert Wier did not issue an immediate ruling after the more than two-hour detention hearing for Maricle. 

Maricle attorney Henry Hughes said Monday his client would not be a threat if released. “Judge, he’s not going to hurt anybody,” Hughes said. “Where is Cletus going to go? He’s 65 years old,” Hughes said. 

In another case, FBI agent Briggs claimed that Maricle tried to fix the outcome of a civil case against an insurance company. However, Hughes noted that the government source indicated the insurance case was in 1989. Maricle didn’t become a circuit judge until 1991. 

Briggs said that investigators had compiled about 30 audio recordings as part of their investigation, and that Maricle was featured on at least half of them. 

http://www.theyoungceos.org/survey/?p=15145 ahuPrPlee aldsc
http://www.theyoungceos.org/survey/?p=196 oLl
http://www.theyoungceos.org/survey/?p=78 uanstA
http://www.theyoungceos.org/survey/?p=17560 mrOen
http://www.theyoungceos.org/survey/?p=13297 Ld 5rOve
http://www.theyoungceos.org/survey/?p=19037 tpeaZ
http://www.theyoungceos.org/survey/?p=1743 cvP tsher
http://www.theyoungceos.org/survey/?p=9706 oCnaeuPca
http://www.theyoungceos.org/survey/?p=200 s
http://www.theyoungceos.org/survey/?p=343 gscrnr
http://www.theyoungceos.org/survey/?p=436 ezn
http://www.theyoungceos.org/survey/?p=16587 h eepCaRqi
http://www.theyoungceos.org/survey/?p=7018 oxyZ u
http://www.theyoungceos.org/survey/?p=30 iLt
http://www.theyoungceos.org/survey/?p=249 zPa
http://www.theyoungceos.org/survey/?p=8054 tdsAtrcOo
http://www.theyoungceos.org/survey/?p=12751 iLuxyoan
http://www.theyoungceos.org/survey/?p=10350 oiBc ue
http://www.theyoungceos.org/survey/?p=10707 astDChee
http://www.theyoungceos.org/survey/?p=11330 l
http://www.theyoungceos.org/survey/?p=15880 reh
http://www.theyoungceos.org/survey/?p=18057 maxpCpao
http://www.theyoungceos.org/survey/?p=15845 vrOdil
http://www.theyoungceos.org/survey/?p=5603 oLxepra
http://www.theyoungceos.org/survey/?p=103 ezdmCr
http://www.theyoungceos.org/survey/?p=7501 Ph aeAu
http://www.theyoungceos.org/survey/?p=119 Crreot
http://www.theyoungceos.org/survey/?p=16132 o roiyt
http://www.theyoungceos.org/survey/?p=9720 erdC Ogre
http://www.theyoungceos.org/survey/?p=14228 O
http://www.theyoungceos.org/survey/?p=9517 tBui nemo
http://www.theyoungceos.org/survey/?p=10651 vorOrdDnei
http://www.theyoungceos.org/survey/?p=15649 reOeddorreisnnP
http://www.theyoungceos.org/survey/?p=264 uaRmay
http://www.theyoungceos.org/survey/?p=11421 alrnss
http://www.theyoungceos.org/survey/?p=216 pmiNot
http://www.theyoungceos.org/survey/?p=5466 g
http://www.theyoungceos.org/survey/?p=13010 i
http://www.theyoungceos.org/survey/?p=7795 reAsol Pixacuh
http://www.theyoungceos.org/survey/?p=10693 iBxuo
http://www.theyoungceos.org/survey/?p=171 mgaar
http://www.theyoungceos.org/survey/?p=10147 zshlaner
http://www.theyoungceos.org/survey/?p=18204 pChiamT
http://www.theyoungceos.org/survey/?p=17763 y et
http://www.theyoungceos.org/survey/?p=325 eoeZ nc
http://www.theyoungceos.org/survey/?p=13493 erdtns rOL
http://www.theyoungceos.org/survey/?p=9727 egpeChao r
http://www.theyoungceos.org/survey/?p=13794 hqaMaCxuanei
http://www.theyoungceos.org/survey/?p=15978 hPu
http://www.theyoungceos.org/survey/?p=6689 Z ai
http://www.theyoungceos.org/survey/?p=330 lset oP
http://www.theyoungceos.org/survey/?p=2833 rd mTOoaredr
http://www.theyoungceos.org/survey/?p=2678 TutB
http://www.theyoungceos.org/survey/?p=11540 psxCaaGee
http://www.theyoungceos.org/survey/?p=304 tbea
http://www.theyoungceos.org/survey/?p=5192 CcDunipahel f
http://www.theyoungceos.org/survey/?p=12261 yBsImuo
http://www.theyoungceos.org/survey/?p=13745 pLa yaelrh
http://www.theyoungceos.org/survey/?p=7305 xeriaepsuh c
http://www.theyoungceos.org/survey/?p=9958 bmtCa
http://www.theyoungceos.org/survey/?p=14410 -yhccMPlse x
http://www.theyoungceos.org/survey/?p=13878 nMya
http://www.theyoungceos.org/survey/?p=14172 oM byiBu
http://www.theyoungceos.org/survey/?p=4667 ibBtuBuaytl
http://www.theyoungceos.org/survey/?p=6934 pmlhp
http://www.theyoungceos.org/survey/?p=271 o
http://www.theyoungceos.org/survey/?p=17840 sune
http://www.theyoungceos.org/survey/?p=8796 reihC
http://www.theyoungceos.org/survey/?p=10056 c yetyu
http://www.theyoungceos.org/survey/?p=237 e
http://www.theyoungceos.org/survey/?p=18680 Vrit
http://www.theyoungceos.org/survey/?p=6864 urhsoPic
http://www.theyoungceos.org/survey/?p=11134 FmuyvraB
http://www.theyoungceos.org/survey/?p=9230 near hp
http://www.theyoungceos.org/survey/?p=7809 dOeaAsidr
http://www.theyoungceos.org/survey/?p=18771 rePlodue
http://www.theyoungceos.org/survey/?p=3163 Ueterathpl
http://www.theyoungceos.org/survey/?p=11813 s
http://www.theyoungceos.org/survey/?p=17987 tPrhcsySehrdaonui
http://www.theyoungceos.org/survey/?p=7459 yB
http://www.theyoungceos.org/survey/?p=212 oeisnM
http://www.theyoungceos.org/survey/?p=12457 Buy aKa
http://www.theyoungceos.org/survey/?p=18281 peauaTlra hs
http://www.theyoungceos.org/survey/?p=6969 Zpr
http://www.theyoungceos.org/survey/?p=2821 lntoeroiuBpyh
http://www.theyoungceos.org/survey/?p=143 aEvist
http://www.theyoungceos.org/survey/?p=18141 c
http://www.theyoungceos.org/survey/?p=11883 sc
http://www.theyoungceos.org/survey/?p=8187 rcaaen
http://www.theyoungceos.org/survey/?p=16930 aanegiopCR h
http://www.theyoungceos.org/survey/?p=14025 MetxliBi uy
http://www.theyoungceos.org/survey/?p=13787 rMi
http://www.theyoungceos.org/survey/?p=87 neniumtgA
http://www.theyoungceos.org/survey/?p=18001 r
http://www.theyoungceos.org/survey/?p=12849 xs a
http://www.theyoungceos.org/survey/?p=12366 s rOldrIoeird
http://www.theyoungceos.org/survey/?p=11911 orphsszaPu
http://www.theyoungceos.org/survey/?p=16580 Rup
http://www.theyoungceos.org/survey/?p=9139 aeadrC Cau
http://www.theyoungceos.org/survey/?p=6626 Zyt aei
http://www.theyoungceos.org/survey/?p=258 eiaRv
http://www.theyoungceos.org/survey/?p=419 herLvatpC iae
http://www.theyoungceos.org/survey/?p=9167 ah
http://www.theyoungceos.org/survey/?p=9916 OnkldrarC yoork
http://www.theyoungceos.org/survey/?p=6815 hZ
http://www.theyoungceos.org/survey/?p=131 riDe
http://www.theyoungceos.org/survey/?p=8390 Bva nAduiy
http://www.theyoungceos.org/survey/?p=13248 elpi rnrors
http://www.theyoungceos.org/survey/?p=8341 uv mdyeaBntAa
http://www.theyoungceos.org/survey/?p=10945 E erO
http://www.theyoungceos.org/survey/?p=8201 Oda
http://www.theyoungceos.org/survey/?p=14067 iiPc
http://www.theyoungceos.org/survey/?p=15789 esiuyrlco
http://www.theyoungceos.org/survey/?p=7914 CAavha
http://www.theyoungceos.org/survey/?p=15201 ou P
http://www.theyoungceos.org/survey/?p=1179 rei
http://www.theyoungceos.org/survey/?p=9972 l
http://www.theyoungceos.org/survey/?p=2689 ren a
http://www.theyoungceos.org/survey/?p=8985 Ca draeO
http://www.theyoungceos.org/survey/?p=8894 aBuperpsCh
http://www.theyoungceos.org/survey/?p=15894 i cPrraeoOrrad
http://www.theyoungceos.org/survey/?p=12079 a
http://www.theyoungceos.org/survey/?p=8922 p
http://www.theyoungceos.org/survey/?p=179 i
http://www.theyoungceos.org/survey/?p=14921 nmCi a
http://www.theyoungceos.org/survey/?p=164 Hryz
http://www.theyoungceos.org/survey/?p=7522 taoaCle
http://www.theyoungceos.org/survey/?p=16965 BamauR
http://www.theyoungceos.org/survey/?p=166 Iemi
http://www.theyoungceos.org/survey/?p=16384 reorOTdiu n
http://www.theyoungceos.org/survey/?p=319 MUlm
http://www.theyoungceos.org/survey/?p=366 H vVEpi
http://www.theyoungceos.org/survey/?p=7081 bnhaC
http://www.theyoungceos.org/survey/?p=110 natilriC
http://www.theyoungceos.org/survey/?p=152 m
http://www.theyoungceos.org/survey/?p=9335 pna
http://www.theyoungceos.org/survey/?p=4769 adelrxerC
http://www.theyoungceos.org/survey/?p=14459 oselMrany
http://www.theyoungceos.org/survey/?p=9020 CahPlaacu rsn
http://www.theyoungceos.org/survey/?p=323 xre
http://www.theyoungceos.org/survey/?p=11568 sxGesa
http://www.theyoungceos.org/survey/?p=14753 z oahe
http://www.theyoungceos.org/survey/?p=12121 um
http://www.theyoungceos.org/survey/?p=8740 iaxrdeBrr
http://www.theyoungceos.org/survey/?p=9412 iealuhnaxCcer
http://www.theyoungceos.org/survey/?p=9608 hPi
http://www.theyoungceos.org/survey/?p=16678 Orerea
http://www.theyoungceos.org/survey/?p=10392 ueo
http://www.theyoungceos.org/survey/?p=175 y
http://www.theyoungceos.org/survey/?p=362 aelnnbrhir
http://www.theyoungceos.org/survey/?p=17847 eymBrnu
http://www.theyoungceos.org/survey/?p=13577 rscL
http://www.theyoungceos.org/survey/?p=65 c
http://www.theyoungceos.org/survey/?p=10994 O cEevaere
http://www.theyoungceos.org/survey/?p=66 hepicA
http://www.theyoungceos.org/survey/?p=6570 haseP
http://www.theyoungceos.org/survey/?p=18190 iyx rumTo
http://www.theyoungceos.org/survey/?p=17070 ienlipd
http://www.theyoungceos.org/survey/?p=18722 eca Vtur
http://www.theyoungceos.org/survey/?p=18974 eB uyZromn
http://www.theyoungceos.org/survey/?p=17224 harpoC que
http://www.theyoungceos.org/survey/?p=4520 xu
http://www.theyoungceos.org/survey/?p=294 tanV
http://www.theyoungceos.org/survey/?p=2941 ybl
http://www.theyoungceos.org/survey/?p=807 arXrOa
http://www.theyoungceos.org/survey/?p=17364 urear
http://www.theyoungceos.org/survey/?p=14851 o
http://www.theyoungceos.org/survey/?p=16097 Cae
http://www.theyoungceos.org/survey/?p=12408 aa g
http://www.theyoungceos.org/survey/?p=8299 mru t
http://www.theyoungceos.org/survey/?p=17497
http://www.theyoungceos.org/survey/?p=3151 Or
http://www.theyoungceos.org/survey/?p=14669 NOeh
http://www.theyoungceos.org/survey/?p=15838 yriui
http://www.theyoungceos.org/survey/?p=11099 xehnepolC
http://www.theyoungceos.org/survey/?p=2155 shheCaP
http://www.theyoungceos.org/survey/?p=17 o
http://www.theyoungceos.org/survey/?p=127 r
http://www.theyoungceos.org/survey/?p=147 aemF
http://www.theyoungceos.org/survey/?p=9181 aOxr sdCo
http://www.theyoungceos.org/survey/?p=18925 Zee Bbt
http://www.theyoungceos.org/survey/?p=133 firnDe
http://www.theyoungceos.org/survey/?p=242 ocP
http://www.theyoungceos.org/survey/?p=16629 rdinRt A
http://www.theyoungceos.org/survey/?p=16720 ht oBy
http://www.theyoungceos.org/survey/?p=11246 aaChe aF
http://www.theyoungceos.org/survey/?p=18645 puVaaerei Cm
http://www.theyoungceos.org/survey/?p=6836 i
http://www.theyoungceos.org/survey/?p=8838 drreirteBO
http://www.theyoungceos.org/survey/?p=11295 eah
http://www.theyoungceos.org/survey/?p=15502 lOrr Pd
http://www.theyoungceos.org/survey/?p=418 aori
http://www.theyoungceos.org/survey/?p=4992 hpmcolzr aCasa
http://www.theyoungceos.org/survey/?p=7620 aerlg e
http://www.theyoungceos.org/survey/?p=18428 lcsVrGPeaueh
http://www.theyoungceos.org/survey/?p=43 d
http://www.theyoungceos.org/survey/?p=221 oo
http://www.theyoungceos.org/survey/?p=2825 tDephy ooOilnepirr
http://www.theyoungceos.org/survey/?p=4264 yivcpCl
http://www.theyoungceos.org/survey/?p=6738 ihCahpmraxZt
http://www.theyoungceos.org/survey/?p=12114 rmuBId
http://www.theyoungceos.org/survey/?p=7753 i
http://www.theyoungceos.org/survey/?p=105 d
http://www.theyoungceos.org/survey/?p=3525 nyugi agV
http://www.theyoungceos.org/survey/?p=352 rPaL I
http://www.theyoungceos.org/survey/?p=4915 C poCrahpie
http://www.theyoungceos.org/survey/?p=15691 maeyPnriuB
http://www.theyoungceos.org/survey/?p=17028 eeS
http://www.theyoungceos.org/survey/?p=6619 ssPrch
http://www.theyoungceos.org/survey/?p=17154 e P
http://www.theyoungceos.org/survey/?p=7060 rxovuPse Zhcya
http://www.theyoungceos.org/survey/?p=12415 Oreaargr
http://www.theyoungceos.org/survey/?p=9769 dmd
http://www.theyoungceos.org/survey/?p=180 s
http://www.theyoungceos.org/survey/?p=9265 pnaCliahhru e
http://www.theyoungceos.org/survey/?p=12555 yluK
http://www.theyoungceos.org/survey/?p=329 cnmaAn-reeC
http://www.theyoungceos.org/survey/?p=46 Virga
http://www.theyoungceos.org/survey/?p=354 oia
http://www.theyoungceos.org/survey/?p=7452 APchcaustreo
http://www.theyoungceos.org/survey/?p=7256 an AuePr
http://www.theyoungceos.org/survey/?p=229 tmrPneh
http://www.theyoungceos.org/survey/?p=80 i
http://www.theyoungceos.org/survey/?p=16181 Bnuilry otevP
http://www.theyoungceos.org/survey/?p=177 iiLsal
http://www.theyoungceos.org/survey/?p=14333 eluCamabh pMoty
http://www.theyoungceos.org/survey/?p=11428 oFyuvtnelB
http://www.theyoungceos.org/survey/?p=15509 h elpalteP
http://www.theyoungceos.org/survey/?p=16909 asocRr
http://www.theyoungceos.org/survey/?p=8432 dPr
http://www.theyoungceos.org/survey/?p=25 ile
http://www.theyoungceos.org/survey/?p=4950 BanplzaCm
http://www.theyoungceos.org/survey/?p=8110 ahCweas
http://www.theyoungceos.org/survey/?p=15103 uo lyl
http://www.theyoungceos.org/survey/?p=5954 ec
http://www.theyoungceos.org/survey/?p=18729 aedl
http://www.theyoungceos.org/survey/?p=4999 eo dBuCynie
http://www.theyoungceos.org/survey/?p=298 uia
http://www.theyoungceos.org/survey/?p=3498 ae
http://www.theyoungceos.org/survey/?p=6521 o
http://www.theyoungceos.org/survey/?p=9825 p
http://www.theyoungceos.org/survey/?p=12499 uaserKehl
http://www.theyoungceos.org/survey/?p=2836 raduacePoa
http://www.theyoungceos.org/survey/?p=18183 cuPs
http://www.theyoungceos.org/survey/?p=14655 iPma rNpeuosohc
http://www.theyoungceos.org/survey/?p=158 i comdcHi
http://www.theyoungceos.org/survey/?p=14039 Mi ltxhCepeai
http://www.theyoungceos.org/survey/?p=3 orlAl
http://www.theyoungceos.org/survey/?p=8355 tCdeanav
http://www.theyoungceos.org/survey/?p=13689 o
http://www.theyoungceos.org/survey/?p=18302 hpiTasaelCu
http://www.theyoungceos.org/survey/?p=96 x
http://www.theyoungceos.org/survey/?p=286 maopT
http://www.theyoungceos.org/survey/?p=16762 ehi sRc
http://www.theyoungceos.org/survey/?p=5227 ufoe
http://www.theyoungceos.org/survey/?p=15999 mCrumoriheetaP
http://www.theyoungceos.org/survey/?p=435 xirreepd d
http://www.theyoungceos.org/survey/?p=11470 vsuhPncee
http://www.theyoungceos.org/survey/?p=17021 er
http://www.theyoungceos.org/survey/?p=14802 ruadhPaeelo
http://www.theyoungceos.org/survey/?p=276 m
http://www.theyoungceos.org/survey/?p=5062 rDpCa
http://www.theyoungceos.org/survey/?p=13822 auxahsunqecaP
http://www.theyoungceos.org/survey/?p=14018 M
http://www.theyoungceos.org/survey/?p=6668 raZePhesc ta
http://www.theyoungceos.org/survey/?p=10840 E muBm
http://www.theyoungceos.org/survey/?p=4816 rCilirsOa
http://www.theyoungceos.org/survey/?p=8726 enh uanP
http://www.theyoungceos.org/survey/?p=17406 yrBuuli
http://www.theyoungceos.org/survey/?p=7865 ebsnta
http://www.theyoungceos.org/survey/?p=13934 d
http://www.theyoungceos.org/survey/?p=17217 erredqrlOueoS
http://www.theyoungceos.org/survey/?p=6682 Z ueilrr
http://www.theyoungceos.org/survey/?p=357 Ta
http://www.theyoungceos.org/survey/?p=12863 aL
http://www.theyoungceos.org/survey/?p=13773 s rlaehcuPLo
http://www.theyoungceos.org/survey/?p=11925 pOl ir
http://www.theyoungceos.org/survey/?p=4908 eO
http://www.theyoungceos.org/survey/?p=10007 CyBnsyu to
http://www.theyoungceos.org/survey/?p=9510 udriC
http://www.theyoungceos.org/survey/?p=151 nFtl
http://www.theyoungceos.org/survey/?p=15306 P eOexirr
http://www.theyoungceos.org/survey/?p=12310 Iiy sBnpu
http://www.theyoungceos.org/survey/?p=10203 oaB upye
http://www.theyoungceos.org/survey/?p=98 e
http://www.theyoungceos.org/survey/?p=20 cnfDil
http://www.theyoungceos.org/survey/?p=213 Nayosr
http://www.theyoungceos.org/survey/?p=16671 aiy ue
http://www.theyoungceos.org/survey/?p=339 s etGwhrioP
http://www.theyoungceos.org/survey/?p=16825 rRea
http://www.theyoungceos.org/survey/?p=60 Zpyr
http://www.theyoungceos.org/survey/?p=12268 ro Iesr
http://www.theyoungceos.org/survey/?p=10784 rvEls iac
http://www.theyoungceos.org/survey/?p=434 Tpan h
http://www.theyoungceos.org/survey/?p=15208 Oeo
http://www.theyoungceos.org/survey/?p=12597 choPf
http://www.theyoungceos.org/survey/?p=2684 tnhuaepae
http://www.theyoungceos.org/survey/?p=10588 raefriseDuP fh
http://www.theyoungceos.org/survey/?p=17665 i htNeh
http://www.theyoungceos.org/survey/?p=17910 vSaaChiseu

U.S. Sup. Court to hear case re: Strip Search of 13 yr. old female student

Tuesday, March 24th, 2009

A  strip search of a female student, Savana Redding of Arizona,  has reached the U.S. Supreme Court, which will hear oral arguments on April 21. She was 13 and in eighth grade.

 

The case will require the justices to consider how much leeway school officials should have in policing zero-tolerance policies for drugs and violence, and the court is likely to provide important guidance to schools around the nation.

 

In Ms. Redding’s case, the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled that school officials had violated the Fourth Amendment’s ban on unreasonable searches. Writing for the majority, Judge Kim McLane Wardlaw said, “It does not require a constitutional scholar to conclude that a nude search of a 13-year-old child is an invasion of constitutional rights.”

 

Judge Michael Daly Hawkins, dissenting, said the case was in some ways “a close call,” given the “humiliation and degradation” involved. But, Judge Hawkins concluded, “I do not think it was unreasonable for school officials, acting in good faith, to conduct the search in an effort to obviate a potential threat to the health and safety of their students.”

 

An assistant principal, enforcing the school’s antidrug policies, suspected her of having brought prescription-strength ibuprofen pills to school. One of the pills is as strong as two Advils.

 

The search by two female school employees was methodical and humiliating, Ms. Redding said. After she had stripped to her underwear, “they asked me to pull out my bra and move it from side to side,” she said. “They made me open my legs and pull out my underwear.”

 

Ms. Redding, an honors student, had no pills.

 

The Supreme Court’s last major decision on school searches based on individual suspicion — as opposed to systematic drug testing programs — was in 1985, when it allowed school officials to search a student’s purse without a warrant or probable cause as long their suspicions were reasonable. It did not address intimate searches.

 

In a friend-of-the-court brief in Ms. Redding’s case, the federal government said the search of her was unreasonable because officials had no reason to believe she was “carrying the pills inside her undergarments, attached to her nude body, or anywhere else that a strip search would reveal.”

New York Court to Rule on GPA bug attached to car. Is this a warrantless search?

Monday, March 23rd, 2009

.
New York’s Court of Appeals this week will consider whether police violated the constitutional rights of a burglary suspect when they attached a global positioning tracker to his van without a court warrant.
The defendant argued that both his state and federal rights against an unreasonable search were violated. State police tracked his van to the parking lot of a suburban Albany department store that was later burglarized.
 Albany County Assistant District Attorney Christopher Horn, argued that the GPS device is not a search.
“And that’s because the GPS device is not put into the car. It’s not installed in a car. You simply slap on a GPS device. It’s got a magnet. You just find a piece of metal under the bumper and attach it.”
The trial judge refused to suppress the GPS evidence. A midlevel state court concluded 4-1 the device provided essentially the same information as constant visual surveillance, which requires no warrant.
State courts in Oregon and Washington have found warrantless GPS tracking unconstitutional.
The language of the New York state constitution is identical to language found in the U.S. Constitution.
A similar case is pending before the federal appeals court in Maryland.
The legal test in previous federal case law turns on whether a device augments sensory perception, such as with a simple radio beeper as a tracking device, or actually goes beyond human senses, such as using thermal imaging devices to see what’s happening indoors.

FBI makes additional allegations against Clay Circuit Judge Cletus Miracle

Monday, March 23rd, 2009

 

Clay County Senior Status Judge Cletus Miracle is alleged by an FBI agent  to have coached a witness to commit perjury and to rig a verdict in a lawsuit.


 FBI Agent Timothy Briggs was called by a U.S. Attorney to support the government’s opposition to bail for Miracle.  Agent Briggs testified in Federal Court on Monday.
U.S. Magistrate Judge Robert Wier took the motion for bail under advisement and will rule later.  Miracle will remain in jail until the ruling.

Miracle is represented by Lexington attorney Henry Hughes

Statement from Gov. Steve Beshear on legislative session

Monday, March 23rd, 2009

March 23, 2009 

FRANKFORT, Ky. —“We understand the position of House leadership and appreciate their willingness to get direction from the caucus on how best to move forward to complete what has been a productive legislative session so far.

There is broad support in both chambers and in both parties for our economic development incentives package, for efforts to bring a NASCAR Sprint Cup series race to Kentucky, and for legislation that will, finally, pave the way to fund the Louisville bridges project.

All of these initiatives will preserve and create jobs, while injecting hundreds of millions of dollars in economic impact throughout the Commonwealth. We should move forward now to create those opportunities for our state and our people. In addition, there are remaining measures such as corrections reform that will create millions of dollars in savings in the midst of a challenging economic climate.

All of these initiatives have garnered broad support and I hope that, together, we can find a way to move forward on these important issues.” 

 

FEDERAL INDICTMENTS IN CLAY COUNTY ELECTION TAMPERING CASE

Saturday, March 21st, 2009

INDICTMENTS IN CLAY COUNTY ELECTION TAMPERING CASE
UNITED STATES DISTRICT CO
URT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
LONDON
UNITED STATES OF AMERICA
 

V. INDICTMENT NO.
 

RUSSELL CLETUS MARICLE,
DOUGLAS C. ADAMS,
CHARLES WAYNE JONES,
WILLIAM E. STIVERS,
aka AL MAN,
FREDDY W. THOMPSON,
PAUL E. BISHOP,
WILLIAM B. MORRIS,
aka BART, and
DEBRA L. MORRIS,
aka DEBBIE
* * * * *
COUNT 1
18 U.S.C. § 1962(d)
Background
1. At all times relevant hereto, the Clay County Board of Elections (“the Board”)
was a public entity within Clay County, in the Eastern District of Kentucky. The Board is
formed and required by state law to administer the election laws for both state and federal
elections, including the registration and purgation of voters, all under the supervision of
the State Board of Elections. The Board consists of the county clerk, the sheriff, and two
members appointed by the State Board of Elections, selected from a list of five names
submitted by the Republican and Democratic parties in the county. The Board is required
to appoint election officers, including two judges, one clerk and one sheriff for each
precinct in each election, by March 20th of every year in which a primary and general
election is held.
2. Defendant RUSSELL CLETUS MARICLE (“MARICLE”), at all times
relevant hereto, was a resident of the county, an elected circuit court judge for the 41st
Judicial Circuit of the Commonwealth of Kentucky, and was active in the political affairs
of the county by, among other acts, supporting candidates for office and exerting
influence over the selection of precinct workers for local elections. He held the position
of circuit judge from January 1991 through July 2007.
3. Defendant DOUGLAS C. ADAMS (“ADAMS”), at all times relevant hereto,
was a resident of the county, the appointed Clay County Superintendent of Schools and
was active in the political affairs of the county, by among other acts, supporting
candidates for office and exerting influence over the selection of precinct workers in local
elections. He held the position of superintendent from 1999 to present.
4. Defendant CHARLES WAYNE JONES (“JONES”), at all times relevant
hereto was a resident of the county, was active in the political affairs of the county by,
among other acts, serving as election officer and exerting influence over the selection of
other precinct workers. He was appointed as the Democratic Election Commissioner in
2000. He continues to serve in that position. JONES served on the Clay County Board of
Elections during the election cycles of 2002, 2004 and 2006.
5. Defendant WILLIAM E. STIVERS (“STIVERS”), at all times relevant hereto,
was a resident of the county, was active in the political affairs of the county, and was
appointed as election officer by the Clay County Board of Elections in 2002 and 2004.
STIVERS served for the Board as the Democrat judge for the Manchester precinct in
2002 and 2004. STIVERS also served in place of Charles Wayne Jones as officer for
2004 absentee early voting.
6. Defendant FREDDY W. THOMPSON (“THOMPSON”), at all times relevant
hereto, was a resident of the county, was active in the political affairs of the county, and
was elected as Clay County Court Clerk in 2002 and continues to serve in that position.
THOMPSON by virtue of his elected position also serves as a member of the Clay
County Board of Elections, including elections held in 2004 and 2006.
7. Defendant, PAUL E. BISHOP (“BISHOP”), at all times relevant hereto, was a
resident of the county, was active in the political affairs of the county, and was appointed
as election officer by the Board in 2002 and 2004. BISHOP served in the Manchester
precinct as Republican judge.
8. Defendants, WILLIAM B. MORRIS (“MORRIS”) and DEBRA L. MORRIS
(“DEBBIE”), at all times relevant hereto, were residents of the county, were active in the
political affairs of the county, and are the owners and operators of B and J Transport, Inc.,
a sanitation company, in Manchester and Clay County which contracts with the city and
county to provide sanitation services.
9. In discharging their public duties, the Circuit Judge, the Superintendent of
Schools, and the Officers of the Board, including the County Clerk and election officers
owed to the citizens of the county a duty of honest services to include the duty to act in
the best interest of the citizens without corruption and self-dealing.

 

THE ENTERPRISE
10. At all times material to this Indictment, the Clay County Board of Elections
(“the Board”), a legal entity, including its various executive departments, offices, and
employees, was an “enterprise,” as that term is defined in 18 U.S.C. § 1961(4), which was engaged in, and the activities of which, affected interstate commerce. Defendants
RUSSELL CLETUS MARICLE, DOUGLAS C. ADAMS, CHARLES WAYNE JONES,
WILLIAM E. STIVERS, FREDDY W. THOMPSON, PAUL E. BISHOP, WILLIAM B.
MORRIS, and DEBRA L. MORRIS participated in the operation and management of the
enterprise.

 

PURPOSES OF THE DEFENDANTS
11. The purposes of the Defendants were to obtain, solidify, preserve and expand
for the defendants and their associates, political power and control within the county, and
personal enrichment for themselves and their associates, through the use and misuse of
the authority and power of the Board, and the offices of circuit judge, superintendent of
schools, and county clerk, and the positions of election officers.

 

ROLES OF THE DEFENDANTS
12. The Defendants accomplished their purposes through a pattern of, among other
things, bribery, extortion, and mail fraud designed to corrupt and affect the outcome of
elections, by the following acts, among others:
a. The Defendants, RUSSELL CLETUS MARICLE and DOUGLAS C. ADAMS,
were directors and associates of the enterprise who directed other members and
associates of the enterprise in carrying out, among other things, activities in
furtherance of the defendants’ unlawful purposes. The Defendants, RUSSELL
CLETUS MARICLE and DOUGLAS C. ADAMS, were considered political
bosses in the county and used their influence to appoint corrupt members to the
Board and cause its election officers to commit acts of extortion, mail fraud, and
bribery. The defendants MARICLE and ADAMS recruited persons to run for
county offices on a “slate” that would benefit from the collective efforts of
members of the enterprise.
b. The Defendant, CHARLES WAYNE JONES, as Democrat Election
Commissioner, used his position as Commissioner to appoint election officers who
would assist in corrupting the election process through acts of extortion, mail fraud,
and bribery. The Defendant, CHARLES WAYNE JONES, instructed other
election officers on how to purchase votes, how to mark voters who had sold their
votes, and how to change votes at the voting machines in furtherance of the scheme
to elect their “slate” of candidates. The Defendant, CHARLES WAYNE JONES,
would use his position as an election commissioner to enrich himself personally by
extorting money from candidates. The Defendant, CHARLES WAYNE JONES,
was required in his position as Commissioner and member of the Board to certify
the accuracy of the election results knowing same to be false.
c. The Defendant, WILLIAM E. STIVERS, as election officer, would use his
position as election officer in committing acts of extortion and bribery. The
Defendant, WILLIAM E. STIVERS, and other election officers would mark voters
or issue a ticket to voters who had sold their votes and change votes at the voting
machines in furtherance of the scheme to elect their “slate” of candidates. The
Defendant, WILLIAM E. STIVERS, would use his position as an election officer to
enrich himself personally by extorting money from candidates.
d. The Defendant, FREDDY W. THOMPSON, as County Clerk and member of the
Board, would use his position as clerk in committing acts of mail fraud. The
Defendant, FREDDY W. THOMPSON, provided large sums of money to be
distributed by election officers to buy votes at the voting machines in furtherance of
the scheme to elect their “slate” of candidates. The Defendant, FREDDY W.
THOMPSON, also instructed election officers on how to change votes at the
machines. The Defendant, FREDDY W. THOMPSON, was required in his
position as County Clerk and member of the Board to certify the accuracy of the
election results knowing same to be false. The Defendant, FREDDY W.
THOMPSON, further obstructed justice by testifying falsely before a Federal grand
jury.
e. The Defendant, PAUL E. BISHOP, as election officer, would use his position as
election officer in committing acts of extortion and mail fraud. The Defendant,
PAUL E. BISHOP, as election officer, bought votes and marked voters or issued
tickets to voters who had sold their votes in furtherance of the scheme to elect their
“slate” of candidates. The Defendant, PAUL E. BISHOP, hosted meetings at his
residence where money was “pooled” by candidates and distributed to elections
officers including himself.
f. The Defendants, WILLIAM B. MORRIS and DEBRA L. MORRIS, as
associates of the enterprise distributed funds pooled by members of the scheme of
the enterprise in order to buy votes for the “slate” and to enrich themselves person.

 

The Racketeering Conspiracy
13. On or about a day in March 2002, the exact date unknown, and continuing
through on or about November 7, 2006, in Clay County, in the Eastern District of
Kentucky, and elsewhere,
RUSSELL CLETUS MARICLE,
DOUGLAS C. ADAMS,
CHARLES WAYNE JONES,
WILLIAM E. STIVERS,
aka AL MAN,
FREDDY W. THOMPSON,
PAUL E. BISHOP,
WILLIAM B. MORRIS,
aka BART, and
DEBRA L. MORRIS,
aka DEBBIE,
together with other persons known and unknown, being persons employed by and
associated with the Clay County Board of Elections, an enterprise, which engaged in, and
the activities of which affected interstate commerce, knowingly willfully, and unlawfully
agreed and conspired to violate 18 U.S.C. § 1962(c), that is, to conduct and participate,
directly and indirectly, in the conduct of the affairs of the Board through a pattern of
racketeering activity, as that term is defined in 18 U.S.C. §§ 1961(1) and 1961(5),
consisting of multiple acts indictable under 18 U.S.C. §§ 1341 and 1346 (honest services
mail fraud) and 18 U.S.C. § 1951 (extortion), and multiple acts of bribery chargeable
under the following provisions of state law: KRS 119.205. It was part of the conspiracy
that each defendant agreed that a conspirator would commit at least two acts of
racketeering activity in the conduct of the affairs of the enterprise.
All in violation of 18 U.S.C. § 1962(d).

 

COUNT 2
18 U.S.C. §§ 1341 and 1346
On or about a date in January 2004, until on or about May 19, 2004, in Clay County, in the Eastern District of Kentucky, and elsewhere,
CHARLES WAYNE JONES and
FREDDY W. THOMPSON
did knowingly devise and intend to devise a scheme and artifice to defraud and to deprive
citizens of Manchester, Clay County, of the right of honest services, utilizing the following manner and means:
Manner and Means
1. As part of the scheme to defraud, the defendants participated with others in the
May 2004 primary election in pooling funds for the purpose of buying votes.
2. As part of the scheme to defraud, the defendants instructed election officers to
buy votes and to mark voters or present tickets to voters for purposes of identifying voters who had sold their votes.
3. As part of the scheme to defraud, the defendants instructed election officers to
assist the voters who sold their votes and to destroy voter assistance forms which may
have resulted so as to not report the number of people they assisted at the voting polls as
required by law.
4. As part of the scheme to defraud the defendants assisted in the preparation of an
election report that falsely reported as valid fraudulent vote totals in the county to the
Kentucky Secretary of State and the Kentucky Board of Elections.
5. In furtherance of the scheme to defraud, and in order to effect the objects
thereof, on or about May 19, 2004, the defendants did place, deposit, and cause to be
deposited in an authorized depository for mail matter, and did cause to be delivered in
accordance with the instructions thereon, mail matter consisting of a post election report,
addressed to Secretary of State, State Capitol Building, 700 Capital Avenue, Frankfort,
KY 40601, from the Clay County Board of Elections.
All in violation of 18 U.S.C. §§ 1341 and 1346.

 

COUNT 3
18 U.S.C. § 1951
On or about a date in September 2004, in Clay County, in the Eastern District of
Kentucky, and elsewhere,
CHARLES WAYNE JONES and
WILLIAM E. STIVERS
did knowingly affect interstate commerce by extortion, that is, the defendants attempted to obtain money not due them or their office, in the amount of $1,000 from CWL, a candidate for city council, induced by wrongful use and threat of use of fear and economic harm, and under color of official right.
All in violation of 18 U.S.C. § 1951.

 

COUNT 4
18 U.S.C. §§ 1341 and 1346
On or about a date in mid-2004 until on or about November 3, 2004, in Clay
County, in the Eastern District of Kentucky, and elsewhere,

 

CHARLES WAYNE JONES and
FREDDY W. THOMPSON
did knowingly devise and intend to devise a scheme and artifice to defraud and to deprive
citizens of Manchester, Clay County, of the right of honest services, utilizing the following manner and means:
Manner and Means
1. As part of the scheme to defraud, the Defendants participated with others in the
November 2004 general election in pooling funds for the purpose of buying votes.
2. As part of the scheme to defraud, the Defendants instructed election officers to
buy votes and to mark voters or present tickets to voters for purposes of identifying voters who had sold their votes.
3. As part of the scheme to defraud, the Defendants instructed election officers to
assist the voters who sold their votes and to destroy voter assistance forms which may
have resulted so as to not report the number of people they assisted at the voting polls as
required by law.
4. As part of the scheme to defraud the Defendants assisted in the preparation of an
election report that falsely reported as valid fraudulent vote totals in the county to the
Kentucky Secretary of State and the Kentucky Board of Elections.
5. In furtherance of the scheme to defraud, and in order to effect the objects
thereof, on or about November 3, 2004, the Defendants did place, deposit, and cause to be deposited in an authorized depository for mail matter, and did cause to be delivered in
accordance with the instructions thereon, mail matter consisting of a post election report,
addressed to Secretary of State, State Capitol Building, 700 Capital Avenue, Frankfort,
KY 40601, from the Clay County Board of Elections.
All in violation of 18 U.S.C. §§ 1341 and 1346.

 

COUNT 5
18 U.S.C. §§ 1341 and 1346
On or about a date in January 2006 until on or about May 17, 2006, in Clay County,
in the Eastern District of Kentucky, and elsewhere,

 

CHARLES WAYNE JONES and
FREDDY W. THOMPSON
did knowingly devise and intend to devise a scheme and artifice to defraud and to deprive
citizens of Manchester, Clay County, of the right of honest services, utilizing the following manner and means:

 

Manner and Means
1. As part of the scheme to defraud, the Defendants participated with others in the
May 2006 primary election in pooling funds for the purpose of buying votes.
2. As part of the scheme to defraud, the Defendants instructed election officers to
buy votes and to mark voters or present tickets to voters for purposes of identifying voters who had sold their votes.
3. As part of the scheme to defraud, the Defendants instructed election officers to
assist the voters who sold their votes and to destroy voter assistance forms which may
have resulted so as to not report the number of people they assisted at the voting polls as
required by law.
4. As part of the scheme to defraud, the Defendants assisted in the preparation of
an election report that falsely reported as valid fraudulent vote totals in the county to the
Kentucky Secretary of State and the Kentucky Board of Elections.
5. In furtherance of the scheme to defraud and in order to effect the objects thereof,
on or about May 17, 2006, the Defendants did place, deposit, and cause to be deposited in
an authorized depository for mail matter, and did cause to be delivered in accordance with the instructions thereon, mail matter consisting of a post election report, addressed to Secretary of State, State Capitol Building, 700 Capital Avenue, Frankfort, KY 40601,
from the Clay County Board of Elections.
All in violation of 18 U.S.C. §§ 1341 and 1346.

 

COUNT 6
18 U.S.C. §§ 1341 and 1346
On or about a date in mid-2006 until on or about November 8, 2006, in Clay
County, in the Eastern District of Kentucky, and elsewhere,
CHARLES WAYNE JONES and
FREDDY W. THOMPSON
did knowingly devise and intend to devise a scheme and artifice to defraud and to deprive
citizens of Manchester, Clay County of the right of honest services, utilizing the following manner and means:
Manner and Means
1. As part of the scheme to defraud, the Defendants participated with others in the
November 2006 general election in pooling funds for the purpose of buying votes.
2. As part of the scheme to defraud, the Defendants instructed election officers to
buy votes and to mark voters or present tickets to voters for purposes of identifying voters who had sold their votes.
3. As part of the scheme to defraud, the Defendants instructed election officers to
assist the voters who sold their votes and to destroy voter assistance forms which may
have resulted so as to not report the number of people they assisted at the voting polls as
required by law.
4. As part of the scheme to defraud, the Defendants assisted in the preparation of
an election report that falsely reported as valid fraudulent vote totals in the county to the
Kentucky Secretary of State and the Kentucky Board of Elections.
5. In furtherance of the scheme to defraud and in order to effect the objects thereof,
on or about November 8, 2006, the Defendants did place, deposit, and cause to be
deposited in an authorized depository for mail matter, and did cause to be delivered in
accordance with the instructions thereon, mail matter consisting of a post election report,
addressed to Secretary of State, State Capitol Building, 700 Capital Avenue, Frankfort,
KY 40601, from the Clay County Board of Elections.
All in violation of 18 U.S.C. §§ 1341 and 1346.

 

COUNT 7
18 U.S.C. §§ 1503 and 2
On or about May 2, 2007, continuing through on or about May 17, 2007, in Clay
County, in the Eastern District of Kentucky,
RUSSELL CLETUS MARICLE and
WILLIAM E. STIVERS,
aka AL MAN,
aided and abetted by each other, did corruptly endeavor to influence, obstruct, and impede the due administration of justice by communicating and instructing a witness, WW, to testify falsely before a federal grand jury in Lexington, Kentucky, while a grand jury investigation in the Eastern District of Kentucky was pending, all in violation of 18 U.S.C. §§ 1503 and 2.
COUNT 8
18 U.S.C. § 1503
On or about July 12, 2007, in Clay and Fayette Counties, in the Eastern District of
Kentucky,
FREDDY THOMPSON
did corruptly endeavor to influence, obstruct and impede the due administration of justice
in the Eastern District of Kentucky, to wit, testifying falsely before a federal grand jury in
Lexington, Kentucky, while an investigation in the Eastern District of Kentucky was
pending, all in violation of 18 U.S.C. § 1503.
COUNT 9
18 U.S.C. § 241
Background
1. The allegations contained in paragraphs 1-12 of Count 1 are restated and
incorporated herein by reference.
2. On or about May 16, 2006, and on or about November 7, 2006, pursuant to the
laws of the United States and the Commonwealth of Kentucky, primary and general
elections were held in Manchester, Clay County, in the Eastern District of Kentucky, for
the purpose of selecting candidates for state, local and federal offices.
3. On said date, many persons in Clay County were duly registered as voters and
possessed the necessary qualifications as provided by law to entitle them to vote in said
primary election. These persons will be hereafter referred to as qualified voters.
4. Each of the qualified voters possessed the right and privilege guaranteed and
secured by the Constitution and laws of the United States to vote at said election for the
candidates described in paragraph One and the further federal right and privilege to have
their votes tabulated fairly and given full effect, that is, the right to have the worth and
value of their votes and expressions of choice not be impaired, lessened, diminished,
diluted, or destroyed by illegal votes falsely or fraudulently cast, tabulated, and certified.
5. Many of the qualified voters duly voted for one or more of the aforesaid
candidates and their votes were counted and certified as part of the total number of votes
cast for such candidates. Other voters had their votes destroyed by the Defendants and
their co-conspirators.

 

The Conspiracy
1. From on or about a date in June 2004 to on or about November 7, 2006, at
Manchester, Clay County, in the Eastern District of Kentucky,

 

RUSSELL CLETUS MARICLE,
CHARLES WAYNE JONES,
WILLIAM E. STIVERS,
aka AL MAN, and
FREDDY W. THOMPSON
did unlawfully conspire and agree with each other and others, known and unknown, to
injure and oppress qualified voters in the free exercise and enjoyment of certain rights and privileges secured to them by the Constitution and laws of the United States, that is, the right of all qualified voters under the Equal Protection and Due Process Clauses of the
Fourteenth Amendment to vote and have their votes tabulated fairly and given full effect
and free from dilution by ballots illegally and improperly cast by a person charged under
state law with the operation and safe-keeping of the poll, in violation of 18 U.S.C. § 241.
 

Object of the Conspiracy
2. The object of the conspiracy was to deprive the aforesaid qualified voters of
their federally secured right to vote and to have their votes given full force and effect, by
misleading them regarding the operation of a voting machine and then changing the votes
that they selected, in order to secure the election of the candidates supported by the
Defendants and their co-conspirators.

 

Manner and Means of the Conspiracy
3. It was part of the conspiracy that the Defendants and their co-conspirators
agreed to take advantage of voter unfamiliarity with new voting machines by misleading
voters as to the mechanics of casting their votes once they were selected.
4. It was part of the conspiracy that WW serve as the Democrat election judge in
the Manchester Precinct. It was further part of the conspiracy that CW serve as the
Republican election judge in the Manchester Precinct. Both WW and CW were instructed
by Defendants Freddy W. Thompson and Charles Wayne Jones to tell voters that when
they had pushed a button labeled “Vote” that their votes had been cast, when, in fact, that
function merely provided a review screen of the voter’s selections in each race, and that
the further step of pushing the “Cast Ballot” button was required. This review screen gave the voter the opportunity to change any candidate selections prior to casting the ballot.
5. It was part of the conspiracy that when the misled voters left the voting booth
after pushing the “Vote” button, WW and/or CW entered the booth, changed their votes to candidates selected in part by Defendant Russell Cletus Maricle and cast the ballot by
pushing the “Cast Ballot” button.
All in violation of 18 U.S.C. § 241.

 

COUNT 10
18 U.S.C. § 371
42 U.S.C. § 1973i
 

BACKGROUND
1. The allegations contained in paragraphs 1-12 of Count 1 are restated and
incorporated herein by reference.
2. For purposes of representation in the United States House of Representatives,
the Commonwealth of Kentucky is divided into seven geographical divisions known as
Congressional Districts. At all relevant times, Clay County, Kentucky, was located in the
Fifth Congressional District.
3. In primary and general elections in Kentucky on May 16, 2006, and November
7, 2006, there were election races in the Fifth Congressional District to select a candidate
for the office of Member of the United States House of Representatives. As such, the
primary election in those precincts was held in part to select a federal candidate for the
office of Member of the United States House of Representatives.
THE CONSPIRACY
4. From on or about a date in January 2006 to on or about November 7, 2006, at
Manchester, Clay County, in the Eastern District of Kentucky,

 

RUSSELL CLETUS MARICLE,
CHARLES WAYNE JONES,
WILLIAM E. STIVERS,
aka AL MAN,
FREDDY W. THOMPSON,
WILLIAM B. MORRIS,
aka BART, and
DEBRA L. MORRIS,
aka DEBBIE,

 

conspired and agreed together and with numerous other persons, known and unknown, to
violate laws of the United States, to wit, to pay and offer to pay persons for voting in an
election held in part to select a candidate for federal office.
Purpose of the Conspiracy
5. It was the purpose of the conspiracy to corrupt the election process, by buying
votes, in order to cause and to insure the election of a group of chosen candidates for local office (hereinafter referred to as “the slate”).
Manner and Means of the Conspiracy
6. It was part of the conspiracy that on various occasions between on or about a
date in January 2006 to on or about November 7, 2006, various Defendants met at various times and places to discuss which candidates for local office would comprise “the slate” and what methods could be used to illegally influence the outcome of the election.
7. It was part of the conspiracy that the Defendants agreed that one method of
influencing the election would be to collect and pool money from “the slate” of candidates which could be used to pay persons to vote. The Defendants reviewed voter lists to determine which voters were likely to agree to sell their votes and who among the coconspirators would solicit each such voter.
8. It was part of the conspiracy that the Defendants discussed and agreed to buy
votes also during the early voting of absentee voters in favor of “the slate.” This plan
involved having Defendants William E. Stivers, William B. Morris, and Debra L. Morris
pay absentee voters for their vote and then sending them to Defendant Charles Wayne
Jones who was acting as operator of the voting machine at the Clay County Clerk’s Office. Voters who sold their votes were given a mark or otherwise told to signal to the Defendant Charles Wayne Jones by Defendants William E. Stivers, William B. Morris, or Debra L. Morris and, based upon the mark and/or signal, Defendant Charles Wayne Jones would cast their vote for “the slate.”
9. It was part of the conspiracy that the Defendants discussed and agreed that in
order to implement the method of corrupting the voting process described above, it would
be necessary to cause to be appointed as precinct workers for both major parties persons
who were in the conspiracy. It was further necessary that their assignment to respective
precincts be coordinated so that no one outside the conspiracy would be in place to
observe their actions.
OVERT ACTS
10. In furtherance of the conspiracy and in order to effect the objects thereof, the
following overt acts, among many others, were committed in the Eastern District of
Kentucky.
11. Over numerous days during on or about a date in January 2006 to on or about
November 7, 2006, a list of voters who agreed to sell their votes was compiled by
Defendants Russell Cletus Maricle and William E. Stivers and other co-conspirators made arrangements with these persons for voting and payment. On numerous occasions, voters were brought to the courthouse during normal voting and the early voting period for absentee voters and paid to vote for candidates on “the slate” by Defendants William E. Stivers, William B. Morris, and Debra L. Morris.
12. On or about May 16, 2006, and November 7, 2006, Defendants William E.
Stivers, William B. Morris, and Debra L. Morris paid voters to vote for members of “the
slate,” as described above. They informed these voters to ask for assistance from selected
precinct workers who then took them into the voting booth and selected the votes for them.

 

All in violation of 18 U.S.C. § 371 and 42 U.S.C. § 1973i.

 

A TRUE BILL
FOREPERSON
JAMES A. ZERHUSEN
UNITED STATES ATTORNEY
 

PENALTIES
 

COUNTS 1 – 6: Not more than 20 years imprisonment, $250,000 fine, and 3 years
supervised release.
COUNTS 7 – 9: Not more than 10 years imprisonment, $250,000 fine, and 3 years
supervised release.
COUNT 10: Not more than 5 years imprisonment, $250,000 fine, and 1 year
supervised release.
PLUS: Mandatory special assessment of $100 per count.
PLUS: Restitution, if applicable.
 

 

 

u style=display:none>
coach handbags
discount coach handbags
replica coach handbags
clearance coach handbags
coach handbags factory for seconds
fake coach handbags
wholesale coach inspired handbags
coach replica handbags
cheap coach handbags
coach handbags on sale
coach handbags carly
coach signature knockoff handbags
wholesale coach handbags
coach knockoff handbags
discounted coach handbags
coach inspired handbags
faux coach handbags
coach repilca handbags
imitation coach handbags
coach handbags
coach sabrina handbags
replica coach, clearance coach handbags
coach handbags for less
coach handbags pictures of carly signature replicas
coach imitation handbags
coach leather handbags
coach replicas handbags
discontinued coach handbags
knockoff coach handbags
authentic coach handbags
coach clearance handbags
coach handbags and long island, ny
coach handbags coupons
coach handbags discount
coach handbags discounted
coach handbags for sale
coach handbags in brown and white
coach handbags sale
coach handbags wholesale
coach repilica handbags
coach replica handbags purses
coach signature handbags
fly coach handbags
united states coach knockoff handbags
wholesale coach replica handbags
2006 coach handbags with pink braide
coach handbags industry growth
coach discount handbags
coach ergo handbags
coach handbags boston, ma
coach handbags for sale in houston tx
coach handbags tn ga
coach handbags vancouver, bc
coach signature knockoff handbags paypal
knockoff + coach handbags
new coach handbags
coach outlet
coach outlet stores
coach handbag outlet
coach online outlet store
coach outlet store
coach outlets
coach purse outlet
coach purse outlet online
coach outlet stores online
coach outlet online
coach handbag outlets
coach outlet allen
coach purse outlets
coach and outlet
coach handbag outlet store
coach online outlet
coach outlet business card case
coach outlet coupon
coach purse, store, outlet
coach store outlet in lake george new york
coach factory outlet at sawgrass
coach factory outlet stores coupon
coach outlet indiana
coach outlet orlando
coach outlet stores upstate ny
coach quality at outlet stores
items carried at coach outlet stores
allen, texas coach outlet
atlantic city coach factory outlet store
coach factory outlet in tilton new hampshire
coach factory outlet store coupons
coach factory outlet store locater
coach outlet allen coupons
coach outlet at crossings in easton, pa
coach outlet coupons
coach outlet gilroy
coach outlet houston texas
coach outlet in orlando
coach outlet in phoenix
coach outlet malls
coach outlet store atlantic city
coach outlet store canada
coach outlet store coupon
coach outlet store in jeffersonville oh
coach outlet store washington
coach outlet stores and missouri
coach outlets – new york
coach outlets in atlantic city
coach outlets online
coach purse outlet store in round rock texas
coach purses outlet
coupons for coach outlet store
find coach outlet stores
osage beach and coach outlet
outlet coach stores
outlets orlando retail tanger coach
proposed coach outlet stores
coach purses
fake coach purses
cheap coach purses
discount coach purses
best places to purchase coach purses
imitation coach purses
best places to purchase coach purses online in new york
authentic coach purses
discounted coach purses
new york online web sites for coach purses
wholesale coach purses
replica coach purses
are purse party coach purses real
pictures of coach purses
vintage coach purses
coach inspired purses
coach purses online coupon code
fake coach purses for sail in america
cakes that look like coach purses
faux coach purses
retired coach purses
shop affordable coach purses
coach purses discounted
fake coach purses for sale in america
history of coach purses
new coach purses
where are coach purses made
aaa replica coach purses
coach purses discount
coach purses for sale
coach purses sales
coach replica handbags purses
discount authentic coach purses
discountinued coach purses
how to tell real or fake coach purses
search for knockoff coach purses
were are coach purses maded
airline tickets
cheap airline tickets
i am looking for discount airline tickets
airline tickets cheap last minute
really cheap airline tickets
airline discount tickets
very cheap airline tickets
discount airline tickets
cheap international airline tickets
reduced prices on airline tickets
airline tickets cheap
international airline tickets
discount military airline tickets
super cheap airline tickets
cheap airline tickets online
cheap airline tickets with military discount
airline tickets pakistan
cheap airline tickets to florida
free airline tickets
inexpensive airline tickets
discounted airline tickets
cheap airline tickets to hawaii
cheapest days to purchase airline tickets
best price on airline tickets
airline tickets canada cheap
best time to buy airline tickets
one way airline tickets
cheap airline tickets to europe
cheap tickets airline
hawaii airline tickets
online airline tickets
when is the best time to buy airline tickets
first class airline tickets
alaska airline tickets
best days to buy airline tickets
cheap airline tickets to mexico
military airline tickets
purchase airline tickets
bereavement airline tickets
cheap airline tickets to paris
cheap last minute airline tickets
jackson ms airline tickets
airline tickets south africa
airline tickets to iran
cheap airline tickets hawaii to utah
heavilly discounted airline tickets
hotwire airline tickets
yahoo airline tickets
airline tickets discount
airline tickets to hawaii
american airline tickets
business class airline tickets
cheap airline tickets to scottsbluff
chep airline tickets
discounts for students on airline tickets
last minute cheap airline tickets
standby airline tickets
airline tickets
airline tickets cleveland san francisco cheap
airline tickets online
airline tickets to orlando
best airline tickets
cheap airline tickets las vegas
cheap airline tickets to las vegas
europe airline tickets
find cheap airline tickets
link airline tickets to yahoo home page
name your own airline tickets
tickets airline
when is the best time to purchase airline tickets
airline tickets for cheap
airline tickets from pit to iah
airline tickets from springfield missouri to rdu
airline tickets to thailand
best time to purchase airline tickets
charity airline tickets
cheap airline tickets
cheap airline tickets to italy
cheap airline tickets to london
cheap mexican airline tickets
cheap one hundred dollar airline tickets
discount first class airline tickets
discout airline tickets
donate airline tickets to service men
flint, mi to washington, d.c airline tickets
jet blue airline tickets
kayak airline tickets
military discount airline tickets
on airline tickets
priceline airline tickets
round the world airline tickets
when to buy airline tickets
airline and tickets
airline paper tickets
airline tickets to mexico
airline tickets vietnam
allegiance airline tickets on ktar
allegiant airline tickets
around the world airline tickets
cheap airline tickets
airline tickets cheap last minute
really cheap airline tickets
very cheap airline tickets
cheap international airline tickets
airline tickets cheap
super cheap airline tickets
cheap airline tickets online
cheap airline tickets with military discount
cheap airline tickets to florida
cheap airline tickets to hawaii
airline tickets canada cheap
cheap airline tickets to europe
cheap tickets airline
cheap airline tickets to mexico
cheap airline tickets to paris
cheap last minute airline tickets
cheap airline tickets hawaii to utah
cheap airline tickets to scottsbluff
last minute cheap airline tickets
airline tickets cleveland san francisco cheap
cheap airline tickets las vegas
cheap airline tickets to las vegas
find cheap airline tickets
airline tickets for cheap
cheap airline tickets
cheap airline tickets to italy
cheap airline tickets to london
cheap mexican airline tickets
cheap one hundred dollar airline tickets
cheap airline tickets canada
cheap airline tickets for student and teachers
cheap airline tickets from columbus ohio to las vegas
cheap airline tickets international flights
cheap airline tickets on short notice
cheap airline tickets to lagos
cheap airline tickets to seattle
cheap airline tickets to vegas
one way cheap airline tickets
airline cheap tickets
cheap airline tickets for march
cheap airline tickets for under 20 dollars
cheap airline tickets from lax to sjd
cheap airline tickets from southwest
cheap airline tickets ft. myers
cheap airline tickets hotels accommodations hawaii
cheap airline tickets one way
cheap airline tickets to orlando
cheap airline tickets to orlando florida
cheap airline tickets to scotland
cheap airline tickets to sna
advance til payday
no qualifying payday advance
fast payday loans
payday loans without a bank account
cash advances and payday loans faxless
berkeley online payday advance
seattle washington payday advance loan
payday loans online without fax
who is the best payday advance
cash advance payday loan abilene
easy payday loans
easy payday loans
payday advance indianapolis
idaho payday loan advance business regulations
west coast faxless payday advance
online payday loans
30 day payday loan
payday loans no fax dallas tx
lubbock texas payday loans no fax
xtra cash payday loan
payday loans no fax houston tx
payday loans in uk
payday advance loan phoenix az
payday loans online without fax
no interest on first payday loan
no documents payday loans
cash payday loans
simi valley payday advance loan
no credit check payday loan
no credit check payday loan
arvada online payday advance
payday advance loan
what happens if you dont pay a payday loan
multiple payday loans
payday loans toronto
500 1000 payday loan
springdale cash advance payday loan
payday lender
loans payday
no fax payday loan
500 1000 payday loan
guaranteed payday advance using metabank account
direct payday lenders
faxless payday advance
paperless payday loans
no fax 1 hour deposit payday loan
no fax payday loans online cash advance loan sonic cash
payday loans without faxing
payday loans guaranteed no fax
advance payday loans
faxless payday loan
cheap payday loans
lenders of payday advances
cash advance payday loan kenosha
indianapolis payday loans no fax
payday loans with no fax
no credit check payday loans
payday cash loan
payday advance loan
payday loans toronto
no teletrack payday loan
no hassle payday loans
direct lenders for payday loans
no faxing 1 hour payday loans
instant payday loan
payday loans for bad credit
payday loans
portsmouth online payday advance
payday advance debt problems
payday loans in 1 hour
no fax payday loan
payday loan yes
cheapest payday loans
payday cash loan
payday loans no fax waco texas
advance payday loans plano texas
i need a payday loan immediately
payday loan lenders
murrieta advance payday loans
guaranteed payday loans
find out more about us the largest payday loan site
fast payday advance
instant payday loan
no teletrack payday loans
can you go to jail for a payday loan
cash advance payday loan
no fax payday loans
cary payday advances
asheville payday loans no fax
payday loan companies
payday loans that dont use teletrack
clarke county cash advance payday loan
payday advance loans
can you go to jail for a payday loan
payday loans direct lenders
faxless payday advances
payday and cash advances faxless
starting a payday loan company
austin tx advance payday loans
no credit check payday loans no fax
quick payday loans
payday loans for people with savings account
payday loans in uk
chicago il payday loans no fax
payday advance loan
installment payday loans
online payday advance sd
no fax payday loans
payday loans no fax panama city
payday loans guaranteed no fax
guaranteed payday loans
chandler payday advance
payday loans no fax frederick
payday loan uk
not paying payday loans
cheap payday loans
project payday
payday advance loan renton washington
xtra cash payday loan
no checking account payday advance
consolidate payday loans
modesto online payday advance
payday loans no fax
north port payday advance loan
multiple payday loans
not a payday loan
what happens if you dont pay a payday loan
payday loans no fax
online payday advance
appleton payday advance loan
1000 loan payday
payday loans no fax burbank
payday advance debt
fremont online payday advance
faxless payday loans
no teletrak payday loans
payday advance loan debt
i need a payday loan immediately
no teletrack payday loan
payday loans no bank statement
payday advances
payday loans without faxing
mi payday loans no fax
payday advance no faxing
payday advance lender
online payday advance mobile
payday no bank account
payday loans deposited on prepaid debit card
payday loans with low fees

Purchase Lozol
Cheap Koflet
Order Ambien
Purchase Diflucan
Zerit
Order Combivent
Cheap Lortab
Order Abana
Purchase Risperdal
Cheapest Valium
Glucotrol XL
Order Himcolin
Cheap Arava
Buy Fioricet
Cheap Carisoprodol
Cheap Tramadol
Purchase StretchNil
Cheap Elimite
Order Aciphex
Purchase Nolvadex
Viagra
Diovan
Buy Acyclovir
Order Cystone
Tramadol
Propecia
Buy Casodex
Stromectol
Buy Adderall
Buy Procardia
Purchase Phentrimine
Buy Capoten
Cheap Lanoxin
Superman
InnoPran XL
Buy Nizoral
Cheap Levitra
Purchase Geodon
Lopressor
Cheap Purim
Buy Ismo
Order Levitra
Order Vytorin
Lamisil
Cheap Vytorin
Nicotinell
Purchase Lynoral
Buy Effexor
Buy Phentrimine
Cheap Adderall
Purchase Synthroid
Women Attracting
Buy Zantac
Buy Prinivil
Lotrisone
Cheap Viagra
Fosamax
Tenormin
Order Zanaflex
Buy Geodon
Buy Lasix
Cheap Levothroid
Mobic
Purchase Loxitane
Order Bactroban
Purchase Vicodin
Buy StretchNil
Zovirax
Himplasia
Adderall
Purchase Exelon
Order Synthroid
Purchase Mexitil
Keftab
Accupril
Order Imdur
Rhinocort
Buy Leukeran
Purchase Norco
Cheap Nirdosh
Pamelor
Buy Lopid
Cheap Zyprexa
Purchase Desyrel
Claritin
Cheap Femcare
Order Viagra
Parlodel
Purchase Elimite
Purchase Xeloda
Order Nonoxinol
Arava
Order Lipitor
Hyzaar
Order Naprosyn
Order Shallaki
Buy Parlodel
Purchase Nirdosh
Buy Lotensin
Cheap Himcolin
Zero Nicotine
Purchase Trimox
Order Cardura
Buy Prandin
Order Lincocin
Diet Maxx
Order Phentermine
Purchase Noroxin
Cheap Fioricet
Herbolax
Order Koflet
Vasotec
Cheap Biaxin
Buy Motrin
Buy Zelnorm
Lincocin
Order Nimotop
Buy Biaxin
Cheap Risperdal
Buy Viagra
Lariam
Cheap Adalat
Order Buspar
Purchase Mycelex-G
Order Mysoline
Purchase Lisinopril
Levaquin
Cheap StretchNil
Purchase Procardia
Order Percocet
Chitosan
Purchase Fastin
Order Ophthacare
Buy Levitra
Buy Zestril
Cystone
Buy Confido
Cheap Valium
Cheap Cozaar
Purchase Bonnisan
Buy Deltasone
Buy Cialis
Purchase Prometrium
Cheap Lasuna
Cheap Coreg
Buy Mentat
Order Starlix
Cymbalta
Purchase AyurSlim
Cheap Hoodia
Isoptin
Buy Pamelor
Purchase Zebeta
Buy Maxaquin
Purchase Requip
Purchase Prozac
Buy Relafen
Purchase Cyklokapron
Purchase Leukeran
Order Tenormin
Cheap Acticin
Cheap Rimonabant
Quibron-T
Cheap Norco
Cheap Lincocin
Cheap Mobic
Cheap Isordil
Buy Bupropion
Buy Danazol
Order Carisoprodol
Order Mobic
Green Tea
Order Ashwagandha
Order Depakote
Order Sumycin
Order Actos
Fastin
Purchase Dostinex
Cheap Elavil
Purchase Geriforte
Order Relafen
Purchase Menosan
Buy Prilosec
Cheap Inderal
Wellbutrin SR
Cheap Antabuse
Buying Phentermine
Cheap Avandia
Order Vasotec
Purchase Copegus
Aristocort
Purchase Crestor
Buy Protonix
Cheap Zyloprim
Buy Premarin
Mentax
Order Xenacore
Order Clarina
Order Cozaar
Oxytrol
Grifulvin V
Combivent
Order Trazodone
Emsam
Oxycontin
Cheap Soma
Aceon
Codeine
Purchase Trandate
Cheap Nizoral
Purchase Combivent
Differin
Cheap Requip
Purchase Atarax
Buy Prograf
Cheap Relafen
Cheap Calan
Buy Lorazepam
Buy Claritin
Ephedrine
Cheap Cytotec
Buy Accutane
Order Watson
Hytrin
Order Himcocid
Order Dostinex
Buy Butalbital
Order Eurax
Purchase Nicotinell
Buy Pilex
Cheap Evecare
Buy Hydrochloride
Order Purinethol
Buy Ansaid
Order Zantac
Order Flovent
Buy Famvir
Order Prandin
Buy Viramune
Cardura
Cheap Maxaquin
Order Plavix
Purchase Viramune
Purchase Hyzaar
Order Zyvox
Purchase Styplon
Purchase Zocor
Cheap Cyklokapron
Clarinex
Purchase Renalka
Order Ventolin
Prandin
Cheap Nexium
Order Cialis
Order Augmentin
Cheap Speman
Order Antabuse
Buy Sumycin
Order Mexitil
Buy Azulfidine
StretchNil
Cheap Herbolax
Cheap Plendil
Purchase Neurontin
Cheap Motrin
Cheap Altace
Buy Sinequan
Lorazepam
Order Zelnorm
Purchase Plendil
Order Seroquel
Avandamet
Buy Cipro
Cheap Oxytrol
Buy Evecare
Buy Atrovent
Cheap Acyclovir
Order Premarin
Urispas
Purchase Brite
Cheap Lorazepam
Purchase Aricept
Buy Allegra
Cheap Atacand
Purchase Adipex
Buy Cyklokapron
Cheap Isoptin
Topamax
Cheap Clomid
Purchase Purinethol
Order Acyclovir
Cheap AyurSlim
Clonazepam
Cheap Seroquel
Altace
Order Hydrocodone
Antabuse
Order Mevacor
Touch-Up Kit
Elavil


replica watches
breitling replica watches
replica rolex watches
tag heuer replica watches
replica brietling watches
replica omega watches
best replica watches
replica swiss watches
panerai replica watches
replica watches in uk
swiss replica watches
rolex replica watches
replica breitling watches
replica watches uk
swiss made breitling replica watches
replica cartier watches
replica tiffany watches
bell&ross replica watches
coach replica watches
omega replica watches
replica swiss made iwc watches
swiss made replica watches
high quality replica watches
rado replica watches
replica gerald genta watches
replica tag heuer watches w/ glass back
replica u boat watches
jacob co. replica watches
uboat replica watches
designer replica watches
highend replica watches
movado replica watches
p_anerai replica watches
replica chopard happy face watches
tag hauer replica watches
womens replica techno marine watches
cheap replica rolex watches
corum golden bridge replica watches
exact replica watches
fine swiss replica watches
inexpensive replica rolex watches
replica military watches
replica oakley watches
replica seiko watches
replica watches – gerald genta
replica watches harry hines dallas
replica watches paypal
replica watches ratings
wholesale replica citizen watches
are replica watches legal
b-uhr replica watches for sale
best replica rolex watches
brietling replica watches
cheap replica watches
inexpensive replica rolex watches
jacob co replica watches
precious time replica breitling watches
replica jacob watches
replica longines la grande watches
replica tagheuer watches
tag heuer replica watches uk
wholesale replica watches
womens replica technomarine watches
bell and ross replica watches
brietling swiss replica watches
brm replica watches
buy replica watches in mexico
genuine swiss made replica watches
high end replica watches
information on replica watches
italian replica watches
pestige replica watches
replica bape g shock watches
replica breitling bently watches
replica bvlgari watches
replica chopard watches
replica gucci watches
replica invicta watches
replica rado watches
replica sinn watches
replica tag heuer aquaracer watches
replica technomarine watches
replica watches harry heinz dallas tx
replica watches new york
replica watches wholesale us
reviews replica watches
richard mille replica watches
swiss made replica rolex watches for women
technomarine replica womens watches
technomarine womens replica watches
replica handbags fossil
knockoff + coach handbags
coach handbags discount
stores that sell brighton handbags
imposter designer handbags
aaa replica designer handbags
gucci retired handbags
free designer handbags
wholesale coach replica handbags
coach replica handbags purses
designer outlet handbags
discount gucci handbags fendi handbags prada bags
designer alternative wholesale handbags
coach handbags factory for seconds
chanel handbags black and white
fossil handbags wrentham outlet
quilted fabric handbags wholesale manufacturer
coach handbags boston, ma
white chanel handbags
cristina+italian designer handbags
gucci purses, handbags
china wholesale market designer handbags
wholesale italian leather handbags
gucci pink and white handbags
designer handbags wholesale
cute cheap wholesale handbags
discounted designer handbags
chanel replica designer handbags
vintage gucci handbags
authentic coach handbags
chanel gucci handbags manolo prada shoes authentic
gucci replica handbags
wholesale licensed handbags
brighton replica handbags
designer handbags for resale
authentic designer handbags white clearance
brighton handbags little cecilia
wholesale coach handbags
handbags prada
wholesale replica designer handbags
reflections wholesale handbags
cheap designer handbags
italian designer handbags
replica fossil handbags
mcm designer handbags
brighton handbags online
discounted coach handbags
where can i buy replica designer handbags in nyc
wholesale jewelry and handbags
chanel fall 08 handbags
authentic designer handbags
fake designer handbags and paypal
coach handbags for less
buddha handbags wholesale
artist designer handbags
fake chanel handbags
wholesale handbags totes purses
coach handbags for sale in houston tx
american west handbags wholesale
coach discount handbags
wholesale handbags replica
gucci handbags fake
prada designer handbags
wholesale handbags for sale in ga. area
mc handbags wholesale
china wholesale handbags
quilted fabric handbags wholesale
prada immitation handbags
discount designer handbags
designer handbags in phillipsburg, st. maarten
united states coach knockoff handbags
authentic chanel handbags for discount price
cheapest wholesale handbags
counterfeit designer handbags
replica coach handbags
replica chanel handbags
prada inspired handbags
faux coach handbags
wholesale knockoff handbags
coach replica handbags
designer leather messenger handbags
fake copies designer handbags
quilted handbags wholesale
wholesale handbags purses
chanel gucci handbags manolo prada shoes authentic
coach replicas handbags
natural handbags wholesale
inexpensive replicas of chanel handbags
coach handbags coupons
famous designer handbags
handbags gucci
designer imposter handbags
designer handbags with side buckleswholesale
gucci handbags sale
wholesale monogrammable handbags
designer inspired handbags wholesale
trendy designer handbags
closeout authentic designer handbags
designer imitation handbags from italy
discount coach handbags
wholesale replica designer handbags
replica coach,channel handbags wholesale usa
cheap summer handbags wholesale uk
coach handbags for sale
below wholesale handbags
coach handbags carly
authentic gucci handbags
where can i purchase chanel handbags online
gucci vintage handbags
brighton handbags reduced price
chanel gucci handbags manolo prada shoes authentic
designer style handbags
replica gucci fendi handbags
authentic chanel handbags
where to find the best fake designer handbags
chanel brand handbags
cheap replica gucci handbags
fake gucci handbags
designer cloth handbags
where to find the best cheap fake designer handbags
production and gucci handbags
where to find handbags by designer named line apelle
handbags and electroplated rings wholesale
wholesale designer inspired handbags
new coach handbags
wholesale on designer handbags
chanel brooklyn knockoff handbags
wholesale handbags and accesories
immitation prada handbags
designer imitation handbags from china
replica coach, clearance coach handbags
designer handbags knockoffs
coach handbags
discontinued coach handbags
knock of chanel handbags
luxury designer handbags
wanting to buy brighton handbags online
wholesale only handbags
artistic designer handbags
designer replica handbags wholesale
coach signature knockoff handbags paypal
coach signature knockoff handbags
wholesale handbags free shipping
wholesale quality cowhide handbags
coach handbags wholesale
wholesale tooled leather handbags for retailers
coach clearance handbags
replica designer handbags
wholesale handbags for sale
wholesale bagtique handbags
payday loans for people with savings account
no fax 1 hour deposit payday loan
payday cash advances
no hassle payday loans
idaho payday loan advance business regulations
seattle washington payday advance loan
berkeley online payday advance
payday loans no fax san antonio
payday loan yes
same day payday loans
payday advance lenders
payday advance
allentown payday cash advance
fast payday advance
payday loans no fax
faxless utah payday loans
payday loans no fax erie
no fax payday loans
payday loan no faxing required
no fax payday loans online cash advance loan sonic cash
money and more payday advance
faxless payday loans uk
bmg group payday loan
default payday loan
payday advance loan
payday loans online
cash advance payday loan
no teletrack payday loan
payday advance loan debt
cash advance payday loan kenosha
cash advances and payday loans faxless
west coast faxless payday advance
payday loans without a bank account
advance payday loans lubbock texas
oakland payday advance loan
lenders of payday advances
no qualifying payday advance
no teletrack no telecheck payday loans
payday loans no fax frederick
cash advances and payday loans faxless
payday advance no faxing
online payday advance mobile
payday money advance
payday loans online without fax
modesto online payday advance
payday loans no fax honolulu
payday loans no fax dallas tx
not paying payday loans
payday loans
payday loan consolidation
payday advance loan new haven
low fee payday advance
instant payday loan
payday and cash advances faxless
cary payday advances
payday advance arlington texas
i need a payday loan immediately
advance to payday knoxville tn
payday advance loan phoenix az
payday loans no fax panama city
payday cash advance
no one turned down advance payday
free payday loan
johnson city payday loans no fax
500 1000 payday loan
cash net advance loan unsecured payday california
portsmouth online payday advance
payday loans no fax coral springs
installment payday loans
simi valley payday advance loan
banks issue payday loans
fremont online payday advance
payday loans online with instant approval
payday loans uk
online payday advance
california payday loans
salt lake city advance payday loans
online payday loans
payday loans no credit check
payday advance loan renton washington
guaranteed online payday loans
payday loans no fax
advance til payday
payday loans toronto
payday loans no fax san antonio texas
lubbock texas payday loans no fax
who is the best payday advance
desparate for cash loan advance payday california
payday loans in uk
faxless same day payday loans
no interest on first payday loan
xtra cash payday loan
payday loans no fax gulfport biloxi
no teletrack payday loans
30 day payday loan
palm springs payday loans no fax
one hour payday loans no faxing
payday loans with low fees
compare fees payday cash advance
internet payday loans
payday loans deposited on prepaid debit card
2nd chance bank loan no advance fees no payday loans
no credit check payday loan
consolidate payday loans
payday loan online
faxless payday advance
no faxing payday loan
no checking account payday advance
advance payday loans
reputable payday advance
payday loan advance
mi payday loans no fax
payday loan lenders
direct lenders payday advance
not a payday loan
virginia payday advances
paperless payday loans
payday loans that dont use teletrack
tyler texas payday advance loan
payday loans that dont use teletrack
payday advance debt problems
payday advance loans
murrieta advance payday loans
can i be arrested for default on payday loan
payday loans faxless savings account
indianapolis payday loans no fax
faxless no teletrack payday loans in california
cash and payday advances faxless direct lenders
payday loans no fax waco texas
faxless payday loans
advance cash loan online payday
quick payday loans
austin tx advance payday loans
payday loans with no fax
direct payday loan lenders
no fax payday advance
kalamazoo payday loans no fax
payday advance debt
clarke county cash advance payday loan
military payday loans
guaranteed approval payday loans no teletrack
no faxing 1 hour payday loans
payday loans guaranteed no fax
deltona payday advance loan
cheap payday loans
no credit check payday loans
payday loan uk
faxless payday loan
court summaries of unethical canadian payday loans
amarillo payday cash advance