Conviction Vacated

Jury verdict, standard form, and contrary colloquy don’t mix. The Kentucky Court of Appeals has issued an opinion reversing and vacating a rape conviction, because, after a guilty verdict was reached by a jury, the defendant entered into a sentencing agreement with the prosecution, only to be told by the court that he could (and then later that he could not) appeal that verdict.

Driver’s Right to Independent Blood Test Upheld

KY Court confirms driver’s have a right to their own independent blood test Com. v. Riker, 2016-CA-000601-DG. The Kentucky Court of Appeals, in a to be published opinion, used solid reasoning when reminding courts that when the General Assembly passes a law, it is not a suggestion. Historically, most Kentucky district courts have viewed the independent blood test (“IBT”) as …

A Closer Look at Marijuana DUI

At least six states have now set per se limits for the amount of THC a driver may have in his blood before he is presumed to be under the influence. Problem is, these levels (which range from 1ng/mL up to 5 ng/mL) are being set arbitrarily and without much basis in science, if any. Scientists, toxicologists, and other experts in …