All posts by Chris Spedding

Who is In Charge of a Defendant’s Trial?

The article below deals with a situation that can always put a lawyer representing a client at trial in a predicament. Who calls the shots? You are hired to do a job and there can be a conflict in how you do that job. Do you hire a contractor and tell them how to frame the house? What would the contractor do?

In this case, the Defendant faced the death penalty. The lawyer was trying to spare him death and felt that admitting to the jury that his client committed the client was a sound strategy to save him from the death penalty. The client wanted to maintain a defense that he was innocent. Obviously, the lawyer knew that defense wouldn’t work.

Trial strategy goes a long way in protecting a lawyer from challenges about the job that he/she does at trial. It is a situation you never want to be in, but is inevitable. The family hiring you puts you in any even greater predicament because ethically, just because a third party hires you, you are representing your client and the wishes of the third party matter not.

Would this lawyer’s strategy have worked if the client had testified at trial and acknowledged that he committed the crime? The prosecution assuredly had plenty to cross-examine him with.

Read the article. It is interesting.

 

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Kentucky Supreme Court Rules on the 10 year “Lookback” period

http://opinions.kycourts.net/sc/2016-SC-000530-TG.pdf

Today, the Kentucky Supreme Court issued its opinion regarding the statutory “Look Back” rule. The practical effect of this opinion is this: prior to the state legislature passing this law, the state of Kentucky punished people more harshly if they were arrested for multiple DUIs within a 5 year period. After the 5 year period, any convictions that were older than 5 years could not be used against you to enhance the penalties for a subsequent offense. Under the new law, the enhancement period is now 10 years so even if it has been over 5 years since your last offense,  any new offense will be enhanced. The defense bar challenged the law primarily using contract law and ex post facto but obviously lost. Read the opinion. 

It Happens Everywhere: Shooting at Fayette Mall

Back in the late ’80s-early ’90s, I worked for Loss Prevention at Lazarus Department Store here in Lexington. Believe it or not, we used to “throw down” fairly regularly with people we would catch shoplifting. I worked there for 4 years and never saw a gun nor did I hear of one at Fayette Mall. While apparently this incident didn’t involve a shoplifter, it remains disturbing. See the article below for more details.

http://www.kentucky.com/news/local/crime/article163143393.html

Distasteful to Some…

Sex offenses are generally a taboo subject. But if you are involved in the legal system, how to deal with them from a procedural standpoint and a monitoring standpoint post-conviction, is a nightmare and most inefficient. See how one court views sex offender registration by reading below.

 

 

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New To The Game? It Can Be Done. I Can Help?

Breaking into the retail auto industry from the outside, as the Automotive News article discusses, can be a very difficult thing to do. Sellers retain brokers. Dealers talk among themselves. And deals are cut without any marketing of the dealership to the outside world. It can be done as this article points out.

If you are in need of an attorney to guide you through the intricacies of buying or selling a dealership, either new or used, call me. I can help.

 

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