The following is a summary of the relevant case law in the Sixth Circuit as it pertains to the Confrontation Clause, with the focus being on police officer testimony in a criminal case, and appeals that are triggered by such an argument.  To begin, and to frame the analysis, it is helpful to unde...

With as rapidly as technology moves these days, it will only be a matter of time before videos and audio recordings will look and sound so much like the real person that it will constitute significant issues, especially in the area of criminal law.  Think about how easy it may become to fake a ro...

Introduction In today's world, many children are being raised by non-parent relatives or people who share no biological relationship with them.  In a previous blog post, I discussed what it meant to be a de facto custodian.  This was an important article because it generally detailed what to do ...

So let's say in Kentucky that you are already operating under a timesharing agreement in your custody or divorce matter.  How does the current coronavirus pandemic affect that?  Attached is a current order from the Supreme Court of Kentucky with how these matters are to be handled.  In the event ...

In both federal and state courts, many criminal cases (especially drug-related) will hinge on a complete analysis as to whether or not law enforcement followed proper procedures with respect to an individual's protections under the Fourth Amendment to the U.S. Constitution.  The Fourth Amendmen...

So, you have been raising your grandson, niece or friend's child.  You have been doing it for some time and biological mom and dad are either out of the picture completely or rarely around.  You have become this child's world and he/she has become yours.  You want them to be with you and you want...

We are still in the period of initial shock.  For most of us, this still feels surreal.  How can something like this be happening in 2020?  How long will this last and what will the world look like after?  When will things be "normal" again?"  These are all necessary and logical questions.  T...

Commonwealth v. M.J. Charges: Trafficking in a Controlled Substance, Methamphetamine Tampering with Physical Evidence Promoting Contraband, First Degree Initial Offer:  Seven (7) Years Result:  I filed a Motion to Suppress all evidence.  In further negotiations with the prosecutor, all...

I have been doing this for twenty-one years.  In that time, in Lexington, Central Kentucky and all around the state, I have handled countless divorce matters.  As an attorney that handles divorces, I see things that fall into patterns.  These can be things clients do well to help themselves o...

I firmly believe that a significant part of criminal defense work is helping the client understand the process of a criminal charge.  Understanding how something works is a great tool in alleviating the stress of uncertainty.  I have been practicing criminal law for over twenty years in the L...

So, you are in need of an attorney.  In 99.9% of cases, that is unfortunate news.  No one ever WANTS to have to contact an attorney.  But, since you are reading this, I assume you have found yourself in a position of needing one.  In searching through websites and looking at credentials you can c...

There is a common misconception that, in Kentucky, there is a magical age when the child can decide for himself or herself which parent he or she is going to live with.  I am here to clarify for you that such an age, other than the age of majority/adulthood, does not exist.  There is no law that ...

It may have been months, but it has probably been years.  You feel like you are on this roller coaster where the ride not only has its ups and downs, but the tracks feel like they are not secured properly.  Counseling started and just as quickly stopped.  You are loved and just as quickly loathed...

Here at Franklin & Rapp, we truly are a boutique law firm.  We are also a small law firm.  However, that does not mean that we don't handle big cases and get big results for our clients.  As I have written about on this website, we have had criminal cases in Lexington, Kentucky and the surroundin...

I get quite a few calls about the issue of contempt.  Several of these have been from colleagues who are aware that I have handled contempt matters through the Kentucky Court of Appeals.  Contempt may come up in a variety of circumstances.  The typical scenario is when a person is not following a...

There are a lot of things that go in to evaluating a client's options with respect to a DUI charge.  It is much more than just the blood alcohol concentration number.  Here in Lexington, Kentucky and most of the surrounding counties, police officers have gone to using body cameras for nearly all ...

I get many calls concerning the issue of, what the caller labels as, “grandparents' rights.”  Since I receive numerous calls on this issue, it lets me know that there are both concerned grandparents out there who feel shut off from their grandchildren's lives as well as parents who feel like they...

I have been a practicing attorney for over twenty years at this point. I handle a wide variety of matters, including family law and criminal law. These areas include divorce, custody, child support, domestic violence, misdemeanors, felonies and DUIs. I also handle appellate work. I think a major ...

Uncontested Versus Contested Divorce So, what is the difference between an contested and uncontested divorce? The words seem simple enough, but leave it to the law to throw in a twist. You see, it has nothing to do with one person wanting a divorce and the other not. What it has to do with is w...