Rape Shield Law

 The rape shield law is found in Kentucky Rule Evidence 412, (KRE 412).  In cases involving alleged sexual misconduct, evidence is generally not allowed if it is offered to prove that the alleged victim engaged in the other sexual behavior or is used to prove an...

Brady Violation

The most important case for criminal discovery is Brady v. Maryland (1963).  Brady established an accused’s due process right to ‘favorable evidence that is material to guilt or punishment.’  Material evidence is defined as evidence that would create...

Grand Jury Abuse

The Grand Jury was originally designed to protect the public from overzealous and unwarranted prosecutions.  Unfortunately, the Grand Jury has morphed from a public shield to a prosecution sword.  While the Grand Jury by design is an ‘independent body,’ in...

Federal Conspiracy

18 U.S.C. § 371 states: If two or more persons conspire either to commit any offense against the United States or to defraud the United States, or any agency therein any manner or for any purpose, and one or more of such persons do any act to effect the object of the...

Qualified Immunity Doctrine

Under Qualified Immunity Doctrine public officers and employees are shielded from liability for negligent performance of discretionary acts in good faith and within the scope of their authority.  Discretionary acts involves the exercise of discretion and judgment or...

Prosecutorial Misconduct

Most people believe that all prosecutors are noble and fair.  The public believes all prosecutors are lawyers of integrity.  Criminal defense attorney knows that many prosecutors are not fair.  Criminal defense attorneys know many prosecutors will do virtually...

Med Mal v. DUI

   LAW’S HARDEST CASE TO DEFEND (THE DRUNK DRIVER) v. LAW’S EASIEST CASE TO DEFEND (THE NEGLIGENT DOCTOR)     By John Olash. Imagine defending a doctor accused of medical malpractice and not having the use of an expert witness. Imagine defending a...