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About that same time, Erco also fell behind in its property tax payments. However, when the warning or threat of future prosecution for perjury is false, it cannot be construed as having any legitimate purpose.
As authorized by KRS 134.450, the Christian County Sheriff offered those delinquent property tax claims for sale to the public. 1385 (1940) (“Any statement by a trial court to a witness which is so severe as to put him or other witnesses present in fear of the consequences of testifying freely constitutes reversible error.”). We find it difficult to conceive that the inaccurate warning, whether in good faith or otherwise, can have any useful effect except to dissuade a defendant from exercising his right to testify. The appellant contends that these comments violate his right against self-incrimination as embodied in the Fifth Amendment of the United States Constitution, Section 11 of the Kentucky Constitution and also KRS 421.225 which states: In any criminal or penal prosecution the defendant, on his own request, shall be allowed to testify in his own behalf, but his failure to do so shall not be commented upon or create any presumption against him.
In all criminal or penal actions that are removed from any court of this state to a federal court, the officers of the federal court and the witnesses who are subpoenaed and attend such court in behalf of the state are entitled to the same fees, per diem and mileage allowed under United States statutes to such officers and witnesses for similar services in similar cases when subpoenaed by and for the United States.
Such fees, per diem and mileage shall be paid by the Finance and Administration Cabinet upon presentation of the certificate of the clerk of the federal court, approved by the judge thereof.
Flag Drilling Company, Inc., one of the owners of Erco’s certificates of delinquency, filed suit in the circuit court to recover the amount of certificates it had purchased and to foreclose the tax liens associated with the certificates.
Following a judicial sale of the assessed property, the circuit court awarded Flag Drilling the principal amount of its certificate and interest. Flag Drilling appeals, claiming that it is due attorney’s fees under KRS1 134.420(1) and KRS 134.490 or, alternatively, under KRS 421.070, the codification of the common fund doctrine and the substantial benefit principle.
For example, Movants argue that "the Jefferson County Grand Jury alone issued over When a witness is attached he shall pay the costs of the attachment, unless it appears from evidence he was not in fault.
When a witness who has been duly subpoenaed fails without a good excuse, to appear on the trial, he shall pay all costs resulting from his failure.
In 1990 Erco, a Kentucky corporation, became the owner of 122 acres in Christian County that it used primarily for oil and gas production. Certainly, all of the attendant circumstances should be considered.Prior to the hearing on December 12, 2007, John made a written motion to compel the production of the documents pertaining to Josefina’s medical and prescription drug records. ‘The competency of accused persons was first declared in Maine in 1864, and was not finally reached in England until 1898; * * * It came later, in general, in the Southern States; and it was sometimes there accompanied by the proviso that the accused should testify, if at all, first in order of the witnesses on his own side.’ Wigmore, Section 579.However, the motions were improperly noticed and not heard by the court. Such a proviso still governs in Kentucky, KRS 421.225 (Section 1646 Carrolls, adopted in 1893).The county annually assessed ad valorem property taxes against Erco for state, county, school taxes, and special taxing district assessments based upon the value of the oil and gas production and the real estate. Hillard should be read as requiring a substantial degree of intimidating circumstances before a simple “warning” against perjury will be viewed as a “badgering threat.” Having viewed the record here, we agree that the tenor of the warning given by the judge was administered cautiously and judiciously.In 1997, the Kentucky Revenue Cabinet filed a state tax lien affecting Erco’s real property for its failure to file state corporate income and state license taxes. But, implicit in that calculus is the assumption that, on its face, the warning is valid advice—that a subsequent perjury charge is a distinct legal possibility.