Attorney Profile

Frank Mascagni, III

Frank Mascagni, III

Mascagni Law Office
701 West Jefferson Street
Louisville, KY 40202-2742

Louisville

Kentucky (KY)

Contact Contact Frank Mascagni, III
T: 502-583-2831
F: 502-583-3701

Visit: Email: frankmascagniiii@hotmail.com
Practice Areas: Criminal Defense (80%), Civil Rights (10%), Criminal Defense: White Collar (10%)

Criminal Defense

Civil Rights

Criminal Defense: White Collar

Industry Groups: Kentucky Association Criminal Defense Lawyers, Kentucky[KBA] And Louisville Bar Association, National Association Of Criminal Defense Lawyers

Profile

Education: J.D., University of Louisville Law School,Louisville, Kentucky, 1976. State prosecutor 1977-1979. Entered into private practice concentrating on criminal law defense in state and federal courts, from DUI to death penalty jury trials. Nationally : Martindale-Hubbell AV RATING, 1984. Bar Register of Preeminent Lawyers, (..." just 5% of all law firms in America..." are selected to be included in this annual publication.)1990. Speaker: criminal law, procedure and professional responsibility. 2005 Kentucky Association of Criminal Defense Lawyers Haddad Award: "Old school in the best sense -- a fearless advocate for his clients who always places their interests first and never wavers in their defense no matter the odds." Recognized for his "complete knowledge of the law, keen sense of strategy, effective negotiating skills, thorough and exhaustive trial preparation, excellent trial skills and unique style and persuasive way with juries." Selected as a TOP LAWYER in 2008, 2009, 2010, 2011, 2012, 2013 and 2014 in The Louisville Magazine, Louisville, KY in the CRIMINAL LAW, DUI/DWI, CONSTITUTIONAL LAW  sections; Selected to be included in KENTUCKY SUPERLAWYERS publication 2008 [only 22/15,000 lawyers selected statewide in the area of CRIMINAL DEFENSE] and again in2009, 2010, 2011, 2012, 2013 & 2014 in the area of CRIMINAL LAW from over 17,000 member attorneys with the Kentucky Bar Association. 2008-2009-2010-2011-2012-2013 & 2014 KENTUCKY SUPER LAWYERS featured in the KENTUCKY MONTHLY magazine in August 2008-09-10-11-12 editions. Notified on 9-1-2011 of selection for inclusion in the 2012 edition of The Best Lawyers In America in the area of CRIMINAL DEFENSE: Non-White Collar; selected again in 2013 & 2014.

 
 
 

Selected for inclusion in the 2010 edition of THE BEST LAWYERS IN AMERICA  in the speciality of Criminal Defense: Non-White Collar.[ Only 6 Louisville, KY  trial lawyers selected to receive this honor in this practice area.] Book to be available in November, 2009. 8-8-2010 notified of selection for inclusion in the 2011 edition of THE BEST LAWYERS IN AMERICA in the practice area of CRIMINAL DEFENSE. Nationwide 41,452 attorneys in 82 legal specialties listed from a pool of 1.1 million lawyers (less than 4% selected in the nation). Books to be available in November 2010. Honored again in 2011, 2012,2013 & 2014.

 

Selected for inclusion in the PREMIER EDITION KENTUCKY'S BEST LAWYERS MAGAZINE 2011. To be printed February 25,2011. Attorney Frank Mascagni selected for the cover and an article on one of his exceptional cases to be featured in the magazine. Magazine to be inserted in The Louisville Courier-Journal, The Lexington Herald-Leader and The Wall Street Journal, Kentucky subscribers; and other legal subscribers of publications of ALM: Corporate Counsel Magazine, The American Lawyer. The National Law Journal and on LAW.COM. Selected again in 2013.

 

 

 

 View 20050_269814308969_3604498_n.jpg in slide show

 
 

 

PHOTO TAKEN AT THE WAYSIDE CHRISTIAN MISSION WOMEN AND CHILDREN SHELTER when Santa (Frank Mascagni III) sponsored a Christmas Party for the temporary residents. Pictured above are Santa and his elves (Mascagni Law Office staff and children and grandchildren and helpers).

Selected for inclusion in the GREATER LOUISVILLE METRO PREMIER EDITION 2011 OF ATTORNEY AT LAW MAGAZINE. To be published May, 2011 by Target Market Media,LLC. Attorney Mascagni to be featured in a 4 page feature article as "Solo Practioner of the Month".The digital edition  is viewable on the home page of the website:

 Features this Month: Also Inside: Features this Month: Also Inside:

 
PDF/Adobe Acrobat - Quick View
May 3, 2011 – Frank Mascagni III. — Solo Practitioner of the Month ... real firecracker, Frank Mascagni, whom I feature in a four page story as Solo ...
www.targetmarketmediallc.com/kyaal_05_11/kyaal_05_11.pdf
www.targetmarketmediallc.com

Author of an article titled " A Real Oxymoron: The Honest Lawyer" published in the July/August 2011 publication of Attorney At Law Magazine, Greater Louisville Metro.www.targetmarketmediallc.com
 
 Attorney Frank Mascagni III has Achieved the AV Preeminent® Rating - the Highest Possible Rating from Martindale-Hubbell®.

 NATIONAL HONOR: Avvo Rating: SUPERB 10.0 RATING:JULY 15, 2011;

Featured in Virginia SuperLawyers 2011 received 7-29-2011 as a Kentucky SuperLawyer.

Selected for inclusion in Corporate Counsel, June 2010 as a Top Lawyer. Selected again in June, 2011.

Notified on September 19, 2011 of selection into the Inaugural Edition of America's Most Honored Professionals 2011. Only the top 10% of all recognized American professionals have been so honored with this award.

 

CLOSING ARGUMENT ON YOU TUBE 2011:

 

 COMMONWEALTH OF KENTUCKY VS. DANTE D. WATTS SR.  FOUR DAY JURY TRIAL JUNE 27-30, 2011  JEFFERSON CIRCUIT COURT, DIVISION 6  JUDGE OLU STEVENS  LOUISVILLE, KENTUCKY  FRANK MASCAGNI, III, DEFENSE COUNSEL  FRANK DAHL, PROSECUTING ATTORNEY    COMMONWEALTH OF KENTUCKY VS. DANTE WATTS, SR: Cases numbered 09-CR-03708 and 11-CR-1696. Judge: Olu Stevens, Prosecutor : Frank Dahl. Client charged with complicity to traffic in cocaine with a  handgun, complicity to traffic in cocaine with a handgun within 1000 yards of a school and complicity to traffic in marijuana under 5 pounds with a handgun. Second indictment charging status offender as PFO-I (Persistent Felony Offender):  client's exposure :20 years to Life. Opening by prosecutor claims approx. 7 pounds of powder cocaine, crack cocaine [over 1888 grams total] and marijuana, handgun, baggies, and ammo and over $40,000.00 in cash, scales, etc., seized. 4 day scheduled jury trial. Voir dire on 6-27-2011; openings 6-28-2011 and 4-5 witnesses called by the government. Total of 12 witnesses called by the prosecutor. 7 year offer rejected by client. More government proof scheduled 6-29-2011, the defense offered no proof during it's case in chief. Closings set for 6-30-2011. Attorney Mascagni lead counsel for the defense. Jury out 3.8 hours and returned a verdict of NOT GUILTY ON ALL SIX VERDICT FORMS , substantive, enhanced and as an alleged complicitor. It was a good defense verdict. June 30, 2011. 

  JURY INSTRUCTIONS READ BY THE COURT AND DEFENSE COUNSEL'S CLOSING ARGUMENTS IN 6 PARTS  POSTED ON YOU TUBE 8-11-2011:  PART 1: http://youtu.be/mgeYo5tkadQ PART 2: http://youtu.be/IRlvivW_VYQ   PART 3: http://youtu.be/fyP42C0L3OI   PART 4: http://youtu.be/IPIVpKhofu4  PART 5: http://youtu.be/VX7Fle2i1qo  PART 6: http://youtu.be/hZmQ-oC20nEgoodlife430 has made a comment on Closing Argument Part 6:Great series of closing arguments to listen to. A great orator and advocate, a great lawyer.

 

 

Author of an article titled " Take Care of Your Reputation, It's Your Most Valuable Asset" published in the September 2011 publication of Attorney At Law Magazine, Greater Louisville Metro.www.targetmarketmediallc.com

Author of an article titled " Attorney-Client Sexual Relations: Now Governed by the Kentucky Rules of Professional Responsibility"  to be published in the November 2011 publication of Attorney At Law Magazine, Greater Louisville Metro.www.targetmarketmediallc.com

Wrote an ethics article that was published in the October 2011 KACDL Newsletter (Kentucky Association of Criminal Defense Lawyers). www.kacdl.net.

 

 
 

2012 AV PREEMINENT RATING RECOGNITION AWARD FROM MARTINDALE-HUBBELL: Notified on 10-27-2011 of this award; again in 2012, 2013 and 2014.

The First 48 | AETV.com Televison show featured a murder case in Louisville, KY where Frank Mascagni was appointed by the trial judge to represent a defense witness during trial. Show aired on November 3, 2011 at 9:00 p.m. EST on the A & E channel.

  1.  
    www.aetv.com
    Watch Full Episodes of The First 48 Online Now. Only at A&E®.
Notified on December 1, 2011, of selection as one of KENTUCKY'S TOP RATED LAWYERS for the 2012 Edition in the area of CRIMINAL DEFENSE.  Publication to be available to the public on January 31, 2012.  Attorney Mascagni honored to be selected as a AV PREEMINENT Martindale-Hubbell Top Rated Lawyer; Martindale-Hubbell Peer Review Rated.  Publication to be inserted in The Courier-Journal, Lexington Herald-Leader, The National Law Journal, Corporate Counsel, The Wall Street Journal, The American Lawyer, and online at LAW.COM.
 
 
 
 
Honored in Louisville Magazine, March 2012 as a "TOP LAWYER" in three practice areas: CRIMINAL DEFENSE LAW-WHITE-COLLAR, CRIMINAL DEFENSE LAW-NON-WHITE-COLLAR AND DUI/DWI LAW. 2-28-2012 publication results based on a survey sent to 3,170 attorneys who are members of the Louisville Bar Association in December 2011.
 
  
 
Selected by The National Trial Lawyers as "TOP 100 TRIAL LAWYERS" in Kentucky June 12, 2012.
 
 
 
Selected in the Super Lawyers 2012 Annual List as one of The Top Attorneys in Kentucky; one of twelve lawyers in the CRIMINAL DEFENSE practice section published by Thomson Reuters and the publishers of Kentucky Monthly, August 2012.
 
Notified on 8-22-2012 by  Evan Michaels, Esq. of Best Lawyers of selection as LAWYER OF THE YEAR for 2013.
 
 

Dear Frank Mascagni III,
I would like to congratulate you on having been selected by your peers for inclusion in the 19th edition of Best Lawyers in United States  in the practice areas of Criminal Defense: Non-White-Collar and Criminal Defense: White-Collar.
Additionally, please accept our congratulations on being named the Best Lawyers' 2013 Louisville Criminal Defense: White-Collar "Lawyer of the Year". Only a single lawyer in each practice area in each community is being honored as the “Lawyer of the Year".

 

 
 

 

 

PHOTO TAKEN IN FRONT OF MASCAGNI LAW OFFICE- Frank Mascagni III, Esq. and Chastity Brown, legal secretary. April 27, 2009

Law Horse displayed in front of Mascagni Law Office for Louisville, Kentucky Galloplooza celebration.

Notified by The Best Lawers in America of selection into the 2013 edition in the area of Criminal Defense.

Notified on 10-3-2012:

 

 

 

 

 

Congratulations Frank Mascagni,
  You have earned the Client Distinction Award. This honor has been made possible by your clients who have taken the time to compliment you in the following areas:
Communications Ability Responsiveness Quality of Service Value for Money
The results have been compiled and you have earned a Client Review Rating Score of 4.5 or higher on a scale of 1-5. Less than 4% of the 900,000+ attorneys listed on martindale.com and lawyers.com have been accorded this Martindale-Hubbell honor of distinction.

Notified on 10-25-2012 of selection as AV Preeminent Rating by Martindale-Hubbell: " HIGHEST POSSIBLE RATING IN BOTH LEGAL ABILITY AND ETHICAL STANDARDS". 

 

 

 

 

 

10.0

Superb

Top Attorney

Criminal Defense

 

Selected for the cover of KENTUCKY'S BEST LAWYERS 2013 Magazine to be distributed 2-22-2013 as an insert into The Courier-Journal newspaper in Louisville, KY; the Lexington Herald- Leader newspaper in Lexington, KY and the Wall Street Journal in KY.

 

LOUISVILLE MAGAZINE, MARCH 2013 and APRIL, 2013 :  Frank Mascagni selected as a Louisville, KY TOP LAWYER in the practice areas of Criminal Defense, Non-White Collar Crime and  DUI/DWI for 2013 by a vote of his peers. www.loumag.com

 

Member of Association of Federal Defense Attorneys 2013: www.afda.org/

 

Congratulations on being selected as one of Kentucky’s Top Rated Lawyers. Notified on 4-26-2013 of selection.

Notified on June 3, 2013 of my selection as a 2013 U.S. News- Best Lawyers " Best Law Firms" ranking.

 

August 15, 2013: I would like to congratulate you again on having been selected by your peers for inclusion in the 20th Edition of The Best Lawyers in Americafor in the practice areas of: Criminal Defense: Non-White-Collar and Criminal Defense: White-Collar

This email is to inform you that the embargo on the 20th Edition of The Best Lawyers in America has lifted.  The new 2014 list is now available on BestLawyers.com and you are free to publicize your rankings.

8-22-2013: Congratulations on your selection to the 2013/2014 Kentucky Super Lawyers list!
 
Congratulations on being selected as a ‘2013 Top Rated Lawyer’ in ‘Kentucky’s Legal Leaders,’ which published 6/28/13.
 
 Congratulations again on receiving a Tier 1 Ranking in the 2014 Edition of
U.S. News ‒ Best Lawyers “Best Law Firms.” 
October 7, 2013 : Recognized by The National Advocacy for DUI Defense, LLC (NAFDD) as one of the top 50 Driving Under the Influence (DUI) attorneys in the state of Kentucky.
Professional Profile with LawDragon: http://www.lawdragon.com/lawyer_profile/124162 10-30-2013
 
 
·       
TOP CONTRIBUTOR
2013 and 2014
Criminal Defense
Article written for Attorney At Law Magazine November/December 2013:
·        December 11, 2013 honored in the OHIO & KENTUCKY 2014 Super Lawyers Magazine in the practice Area of CRIMINAL DEFENSE as a SUPER LAWYER KENTUCKY 2013-2014.
December 5, 2013: Notified of selection as one of the TOP 100 CRIMINAL DEFENSE LAWYERS IN THE STATE OF KENTUCKY by the American Society of Legal Advocates (ASLA). www.societyoflegaladvocates.org
Article published in Attorney At Law Magazine, Jan./Feb. 2014:
Litigation Tips by Frank Mascagni III
 
 
 
2-5-2014:
Congratulations, Frank Mascagni, III!
Over the past year, your Expanded Online Attorney Profile was one of the top 1% most viewed profiles on SuperLawyers.com.
 
 
2-14-2014: Notified by the Kentucky Bar Association of reception of 2013 Continuing Legal Education Award Renewal.  www.kybar.org
 
Frank Mascagni III to be featured in upcoming edition of ATTORNEY AT LAW MAGAZINE in the March-April 2014 publication as Boutique Firm Of The Month. Kentucky Edition " I'm A Sculptor. I'm An Architect."http://digitaleditions.walsworthprintgroup.com/publication/?i=201448. http://bit.ly/1dpGerX

Boutique Law Firm of the Month, Frank Mascagni, III - Kentucky ...

attorneyatlawmagazine.com/.../boutique-law-firm-month-frank-mascagni...
 
Mar 18, 2014 - Frank Mascagni, III of Mascagni Law Office in Louisville says his job is one of creation – the building or crafting of a defense for his client.http://bit.ly/1dpGerX
 
2-26-2014: Notified by LOUISVILLE MAGAZINE of my selection again as a "TOP LAWYER" in the practice areas of CRIMINAL DEFENSE and DUI/DWI  to be published in the March, 2014 magazine. www.loumag.com

7-1-2014:
I would like to congratulate you on having been selected by your peers for inclusion in the 21st Edition of The Best Lawyers in America in the practice areas of:Criminal Defense: Non-White-Collar and Criminal Defense: White-Collar
 
July 2014: 

Selected to Super Lawyers

2015 Kentucky Super Lawyers

July 24, 2014: Selected as one of ten lawyers to be profiled in THE VOICE-TRIBUNE Quarterly Magazine to be published in September 2014 in Louisville, Kentucky. www.voice-tribune.com/

The Voice-Tribune

www.voice-tribune.com
 
July 28,2014 : Selected as one of "America's Most Honored Professionals" 2014 by American Registry,
in the top 5% of those evaluated.
 
July 30, 2014: notifed of selection as a TIER 1 Ranking in the 2014 edition of U.S. News-
Best Lawyers "Best Law Firms".

Years of Selection

• Super Lawyers: 2008 - 2014

About Frank Mascagni, III

Admitted: 1977, Kentucky

Honors and Awards:

  • Attorney Frank Mascagni III has Achieved the AV Preeminent® Rating - the Highest Possible Rating from Martindale ... DigitalJournal.com ‎-  , AV Preeminent Rating, Martindale-Hubbell, 2014
  • LOCAL HONOR: 2-26-2014: Notified by LOUISVILLE MAGAZINE of my selection again as a "TOP LAWYER" in the practice areas of CRIMINAL DEFENSE and DWI/DUI, to be published in the March, 2014 magazine. WWW.LOUMAG.COM, TOP LAWYER AWARD, LOUISVILLE MAGAZINE, LOUISVILLE MAGAZINE, MARCH PUBLICATION, 2014
  • STATEWIDE HONOR: December 5, 2013: Notified of selection as one of the TOP 100 CRIMINAL DEFENSE LAWYERS IN THE STATE OF KENTUCKY by the American Society of Legal Advocates (ASLA). www.societyoflegaladvocates.org, TOP 100 CRIMINAL DEFENSE LAWYERS IN KENTUCKY , The American Society of Legal Advocates, 2014
  • JEFFERSON COUNTY KENTUCKY: Selected again to serve on the Citizens For Better Judges organization for 2014. All state judgeships are up for election in 2014.  www.citizensforbetterjudges.org ,1983-2014- organization of local lawyers and community leaders gather each political election year where state judges are on the ballot. Currently approximately 30 attorneys and a citizens review board  interview and endorse the most qualified candidate on the ballot. The citizens observe the process and evaluate it. Each attorney member serves a three year term. Endorse in judicial races in Jefferson County District, Circuit, and  Family Courts; Kentucky Court of Appeals and Kentucky Supreme Court. Attorneys to serve terms on a rotating basis per year., 2014, Citizens For Better Judges, 2014
  • KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE ATTORNEYS: Will serve again as a District Vice-President to this Kenucky Statewide organization. Kentucky Association of Criminal Defense Lawyers www.kacdl.net  1-1-2014, District Vice-President, Kentucky Association of Criminal Defense Lawyers, 2014
  • BEST LAWYERS IN AMERICA: I would like to congratulate you again on having been selected by your peers for inclusion in the 20th Edition of The Best Lawyers in America for in the practice areas of: Criminal Defense: Non-White-Collar and Criminal Defense: White-Collar. This email is to inform you that the embargo on the 20th Edition of The Best Lawyers in America has lifted.  The new 2014 list is now available on BestLawyers.com and you are free to publicize your rankings. August 15, 2013., BEST LAWYERS IN AMERICA 2014, CRIMINAL DEFENSE NON-WHITE COLLAR & WHITE-COLLAR, 2014
  • STATE HONOR : December 11, 2013 honored in the OHIO & KENTUCKY 2014 Super Lawyers Magazine in the practice Area of CRIMINAL DEFENSE as a SUPER LAWYER KENTUCKY 2013-2014. One of 12 criminal defense attorneys selected from the state of Kentucky. December 11, 2013, Kentucky Super Lawyer, Thomson Reuters annual publication, 2013
  • NATIONAL HONOR: October 7, 2013 : Recognized by The National Advocacy for DUI Defense, LLC (NAFDD) as one of the top 50 Driving Under the Influence (DUI) attorneys in the state of Kentucky. Notified October 7, 2013., TOP 50 DUI LAWYERS IN KENTUCKY, The National Advocacy for DUI Defense, LLC, 2013
  • KENTUCKY STATEWIDE ORGANIZATION; Selected to serve as a District Vice-President  with the Kentucky Association of Criminal Defense Lawyers (KACDL). www.kacdl.net   January 1, 2013  Kentucky Association of Criminal Defense Lawyers www.kacdl.net/‎ , DISTRICT VICE-PRESIDENT, KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, 2013
  • NATIONAL HONOR; Notified in July, 2013 of selection as AV Preeminent Rating by Martindale-Hubbell: " HIGHEST POSSIBLE RATING IN BOTH LEGAL ABILITY AND ETHICAL STANDARDS". , AV PREEMINENT RATING, MARTINDLE-HUBBELL, 2013, AV PREEMINENT RATING, MARTINDALE-HUBBELL, 2013
  • NATIONAL HONOR: Notified on June 3, 2013 of my selection as a 2013 U.S. News- Best Lawyers " Best Law Firms" ranking., Best Law Firm, 2013 U.S. News-Best Lawyers , 2013
  • STATEWIDE HONOR: Notified of selection on 4-26-2013 of inclusion in the 2013 annual magazine as a KENTUCKY TOP RATED LAWYER., Kentucky's Top Rated Lawyers, 2013 Magazine , 2013
  • LOUISVILLE, KENTUCKY: March, 2013 and April 2013,  Louisville Magazine: Attorney Mascagni selected as a "Top Lawyer" by his peers in the practice areas of Criminal Defense and DUI/DWI., LOUISVILLE MAGAZINE-TOP LAWYER, 2013
  • NATIONWIDE : Notified on 8-22-2012 by  Evan Michaels, Esq. of Best Lawyers of selection as LAWYER OF THE YEAR for 2013., LAWYER OF THE YEAR, BEST LAWYERS, 2013
  • STATEWIDE: Selected for the cover of KENTUCKY'S BEST LAWYERS 2013 Magazine to be distributed 2-22-2013 as an insert into The Courier-Journal newspaper in Louisville, KY; the Lexington Herald- Leader newspaper in Lexington, KY and the Wall Street Journal in KY., KENTUCKY'S BEST LAWYERS MAGAZINE, Best Lawyers In America 2013, 2013
  • STATEWIDE AWARD: 2-22-2013: Advised by the KBA of reception of the 2012 Award. www.kybar.org, Continuing Legal Education Award Renewal, Kentucky Bar Association, 2013
  • NATIONAL HONOR; Notified on 10-25-2012 of selection as AV Preeminent Rating by Martindale-Hubbell: " HIGHEST POSSIBLE RATING IN BOTH LEGAL ABILITY AND ETHICAL STANDARDS". , AV PREEMINENT RATING, MARTINDLE-HUBBELL, 2013
  • STATEWIDE HONOR: Kentucky Monthly Magazine, August 2012: Attorney Frank Mascagni III selected as one of 12 lawyers in the CRIMINAL DEFENSE practice area for The Annual List of The Top Attorneys in Kentucky by Thomson Reuters and the publishers of Kentucky Monthly. August, 2012., THE TOP ATTORNEYS IN KENTUCKY, Super Lawyers Annual List, 2012
  • STATEWIDE AWARDS: Acknowledged in the KBA  monthly magazine for Pro Bono hours donated in 2011 and renewal of CLE hours in 2011 in excess of the annual requirements., KENTUCKY BAR ASSOCIATION, BENCH AND BAR MAGAZINE, APRIL 2012, 2012
  • LOUISVILLE KENTUCKY HONOR: Selected to be included in Louisville Magazine, March 2012 as a "TOP LAWYER" in three practice areas: CRIMINAL DEFENSE LAW-WHITE-COLLAR, CRIMINAL DEFENSE LAW-NON-WHITE-COLLAR AND DUI/DWI LAW. 2-28-2012 publication results based on a survey sent to 3,170 attorneys who are members of the Louisville Bar Association in December 2011. www.loumag.com. Magazine released 2-28-2012., LOUISVILLE MAGAZINE MARCH 2012 "TOP LAWYERS", 2012
  • DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISIONS : FEDERAL JURISDICTION, WESTERN/EASTERN  DISTRICTS OF KENTUCKY: 2-22-2012: Attorney Mascagni received a plaque of appreciation from FMC Lexington for his presentation to the Psychology Intern Didactic Training held at the Federal Medical Center in Lexington, Kentucky. Dr. Judith Campbell, coordinator., Department of Justice Federal Bureau of Prisons, 2012
  • STATEWIDE HONOR 2012: Notified on December 1, 2011, of selection as one of KENTUCKY'S TOP RATED LAWYERS for the 2012 Edition in the area of CRIMINAL DEFENSE.  Publication to be available to the public in February 2012.  Attorney Mascagni honored to be selected as a AV PREEMINENT Martindale-Hubbell Top Rated Lawyer; Martindale-Hubbell Peer Review Rated.  Publication to be inserted in The Courier-Journal newspaper in Louisville, KY, Lexington Herald-Leader newspaper in Lexington, KY, The National Law Journal, Corporate Counsel, The Wall Street Journal, The American Lawyer, and online at LAW.COM., COMMONWEALTH OF KENTUCKY HONOR, KENTUCKY'S TOP RATED LAWYERS 2012, 2012
  • STATEWIDE HONOR 2012; Notified on December 1, 2011, of selection as one of KENTUCKY'S TOP RATED LAWYERS for the 2012 Edition in the area of CRIMINAL DEFENSE.  Publication to be available to the public in February 2012.  Attorney Mascagni honored to be selected as a AV PREEMINENT Martindale-Hubbell Top Rated Lawyer; Martindale-Hubbell Peer Review Rated.  Publication to be inserted in The Courier-Journal, Lexington Herald-Leader, The National Law Journal, Corporate Counsel, The Wall Street Journal, The American Lawyer, and online at LAW.COM., KENTUCKY'S TOP RATED LAWYERS, 2012
  • NATIONAL HONOR: Notified on 9-1-2011 of selection by peers for inclusion into THE BEST LAWYERS IN AMERICA 2012 EDITION in the practice area of Criminal Defense: Non-White-Collar by Steve Naifeh, President, Best Lawyers. www.BestLawyers.com., THE BEST LAWYERS IN AMERICA CRIMINAL DEFENSE, THE BEST LAWYERS IN AMERICA 2012 EDITION, 2012
  • NATIONAL HONOR: Avvo Rating: SUPERB 10.0 RATING:JULY 15, 2011;  "http://www.avvo.com/attorneys/40202-ky-frank-mascagni-3563644.html?cm_mmc=Avvo-_-Avvo_Badge-_-Small-_-3563644" Honored again for 2012., 10.0 Superb Rating 7-15-2011, A v v o, 2011
  • COMMONWEALTH OF KENTUCKY STATEWIDE HONOR: Notified 2-29-2012 of the 2011 Renewal Award given by the Kentucky Bar Association: Continuing Legal Education Commission on the renewal of my CLE Award. 2-29-2012, KENTUCKY BAR ASSOCIATION, 2011 CONTINUING LEGAL EDUCATION AWARD RENEWAL, 2011
  • LOUISVILLE KENTUCKY: Honored as a major sponsor and contributor to the 9th Annual Great Escape Luncheon And Silent Auction held on December 2, 2011 in Louisville, Jefferson County, Kentucky. Attorney Mascagni donated a prize and was the largest financial donor in support of the annual event. Jefferson County Public Law Library, 514 West Liberty, Suite 240, Louisville, KY 40202, 502-574-5943 Office; 502-574-3483 Fax;  jcpll@bluegrass.net . December 2, 2011., JEFFERSON COUNTY PUBLIC LAW LIBRARY, 2011
  • NATIONAL HONOR: Listed in Corporate Counsel Magazine in June , 2011 as a Top Lawyer in the area of Criminal defense. Previously honored in June, 2010., CORPORATE COUNSEL MAGAZINE, 2011
  • STATEWIDE RECOGNITION: 2011 KENTUCKY SUPERLAWERS published in a statewide magazine KENTUCKY MONTHLY MAGAZINE in August, 2011: Published 7-29-2011. Attorney Frank Mascagni was selected in the area of CRIMINAL DEFENSE, one of only 13 lawyers selected in the Commonwealth of Kentucky from membership in the Kentucky Bar Association of over 16,000 lawyers. Only 5% of the lawyers statewide were so selected. July 29, 2011., KENTUCKY MONTHLY MAGAZINE, AUGUST 2011, KENTUCKY SUPERLAWERS 2011, 2011
  • STATEWIDE HONOR: Notified on 1-12-2011 of selection into the Premier Edition of Kentucky's Best Lawyers, a new annual stand-alone glossy magazine. Will be published on February 25, 2011 and inserted into The Louisville Courier-Journal , Louisville, Kentucky, and The Lexington Herald-Leader, Lexington, Kentucky newspapers. Only Kentucky lawyers who were selected as a Best Lawyer in America in 2011 will be included., PREMIER EDITION OF KENTUCKY'S BEST LAWYERS MAGAZINE, 2011
  • COMMONWEALTH OF KENTUCKY publication of ATTORNEY AT LAW MAGAZINE featured a 4 page article on Frank Mascagni selected as "Sole Practioner Of The Month", May 2011. 7,000 copies mailed statewide, May, 2011., SOLE PRACTIONER OF THE MONTH, ATTORNEY AT LAW MAGAZINE, MAY 2011, 2011
  • STATE OF KENTUCKY: Selected for 4 page article to appear in the new  ATTORNEY AT LAW MAGAZINE to be published in May, 2011. Anna Barker to provide photographer and writer for the article to be published as a feature : Solo Practioner of the Month . Magazine to be published in Kentucky in May, 2011 by Target Market Media, LLC. GREATER LOUISVILLE METRO PREMIER EDITION 2011 of ATTORNEY AT LAW MAGAZINE., ATTORNEY AT LAW MAGAZINE, LOUISVILLE, KENTUCKY, 2011
  • KENTUCKY BAR ASSOCIATION AWARDS: Notified on 4-4-2011 in the Kentucky Bar Association Bench & Bar March, 2011  publication of 2 awards:Pro Bono Award for 2010 and 2010 CLE Award., KENTUCKY BAR ASSOCIATION, 2011
  • LOUISVILLE, KENTUCKY HONOR: Notified of selection into the 2011 monthly edition of the Louisville Magazine as a "Top Lawyer" in the areas of CRIMINAL DEFENSE  and CONSTITUTIONAL LAW .Magazine .  ...www.loumag.com - Cached To be published in March, 2011., LOUISVILLE MAGAZINE MARCH 2011 EDITION , 2011
  • KENTUCKY BAR ASSOCIATION ANNUAL AWARD: notified on 2-23-2011 of reception of the renewal of the KBA CLE Award., 2010 CONTINUING LEGAL EDUCATION AWARD RENEWAL, KENTUCKY BAR ASSOCIATION, 2011
  • COMMONWEALTH OF KENTUCKY HONOR: Selected for inclusion in the premier edition of KENTUCKY BEST LAWYERS publication. To be printed February, 2011., KENTUCKY BEST LAWYERS PUBLICATION 2011, 2011
  • COMMONWEALTH OF KENTUCKY: ELECTED AT PRESIDENT-ELECT OF THE KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (KACDL) FOR 2011; Notified on 12-3-2010 that I was elected as PRESIDENT ELECT for the year 2011 for the statewide organization.(Public Access: Kentucky Association ofwww.kacdl.net - Cached), KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, 2011
  •   STATEWIDE HONOR OF 1-24-2011:  Recently, Frank was honored by being selected for the cover photo and an article on one of his exceptional cases for the Premier Edition of Kentucky’s Best Lawyers® Magazine, published February 25, 2011., PREMIER EDITION OF KENTUCKY'S BEST LAWYERS MAGAZINE, 2011
  • NATIONAL HONOR: Notified on 11-16-2010 of selection of The AV Preeminent Rating for 2011 by Martindale-Hubbell and Lexis-Nexis for Legal Ability and Ethical Standards.( After January 2011, those lawyers, rated in the existing program, should use the appropriate AV® Preeminent ™ and BV® Distinguished™ in compliance with the ... www.martindale.com/Products_and_Services/Peer_Review... - Cached), THE AV PREEMINENT RATING FOR 2011, 2011
  • NATIONAL HONOR : 8-8-2010 notified of selection into the 2011 edition of THE BEST LAWYERS IN AMERICA in the practice area of CRIMINAL DEFENSE: Non-White Collar ( www.bestlawyers.com ). 41,452 attorneys in 82 legal specialities were selected for the 17th Edition from a pool of 1.1 million lawyers ( less tha 4% selected nationwide). Books to be released in November 2010., THE BEST LAWYERS IN AMERICA 2011, Woodward/White Inc., 2011
  • NATIONWIDE: MARTINDALE-HUBBELL "AV" RATING : Martindale-Hubbell AV rating[ www.martindale.com ]: "A" signifies the highest level of legal ability, while the "V" denotes very high adherence to the professional standards of conduct, ethics, reliability and diligence. Honored to receive this rating since 1984. Advised in October 2011 of rating of AV Preeminent for the  Bar Register of Preeminent Lawyers,2012., Martindale-Hubbell AV Rating, Martindale-Hubbell, 2010
  • STATEWIDE HONOR: KENTUCKY SUPER LAWYERS 2010; Selected to be included in the 2010 Kentucky SuperLawyer publication printed in the August 2010 edition of Kentucky Monthly magazine, as a"Top Attorney in Kentucky" in the area of CRIMINAL DEFENSE. One of sixteen lawyers selected statewide for this honor. There are currently over 16,000 members of the Kentucky Bar Association., 2010 Kentucky SuperLawyers, 2010, KENTUCKY SUPERLAWYERS, 2010
  • VICE-PRESIDENT OF STATEWIDE ORGANIZATION;12-16-2009 : Elected as First Vice President of the Kentucky Association of Criminal Defense Lawyers (KACDL) for 2010, statewide organization representing the members of the criminal defense bar in all 120 counties of the Commonwealth of Kentucky, www.kacdl.net., KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, 2010
  • STATE OF KENTUCKY  AUGUST, 2010 : Honored in The Kentucky Monthly Magazine, August, 2010 edition. www.kentuckymonthly.com. Magazine featured the Kentucky Super Lawyers 2010. One of only  11 lawyers selected statewide that practice Criminal Defense. August, 2010, KENTUCKY MONTHLY MAGAZINE, 2010
  • LOUISVILLE, KENTUCKY:LOUISVILLE MAGAZINE MARCH, 2010 [ www.loumag.com ];Frank Mascagni, III was honored to be listed in The Louisville, Kentucky March, 2010 publication of Louisville Magazine as a "Top Lawyer" in the area of Criminal Defense. One of six lawyers honored in this area of law., LOUISVILLE MAGAZINE MARCH 2010 ISSUE, LOUISVILLE'S TOP LAWYERS EDITION, 2010
  •  2010 NATIONAL HONOR : BEST LAWYERS IN AMERICA : On 8-3-2009 notified of selection by peers for inclusion in the 2010 edition of THE BEST LAWYERS IN AMERICA [ www.bestlawyers.com ] in the speciality of Criminal Defense: Non-White Collar. Steven Naifeh, President, Best Lawyers,129 First Avenue, SW, Aiken, SC 29801. BestLawyers.com. August 3, 2009. Book to be available in November, 2009., THE BEST LAWYERS IN AMERICA 2010, BEST LAWYERS, THE WORLD PREMIER GUIDE, 2010
  • NATIONAL RECOGNITION: THE BAR REGISTER OF PREEMINENT LAWYERS ;Selected to be included in The Bar Register of Preeminent Lawyers in the area of Criminal Law based on AV rating with Martindale-Hubbell. 1990-present. Just 5% of all law firms in America are selected to be included in this annual publication, per LexisNexis 7-22-2009., Bar Register of Preeminent Lawyers, Martindale-Hubbell, 2010
  • STATEWIDE: KENTUCKY BAR ASSOCIATION : notified on 2-21-2009 by the Kentucky Bar Association (KBA) www.kybar.org, from the Kentucky Volunteer Lawyer Program of the report of lawyers reporting fifty(50) hours of donated legal services in 2008., DONATED LEGAL SERVICES, KENTUCKY BAR ASSOCIATION, 2009
  • STATEWIDE: KENTUCKY BAR ASSOCIATION : 2-18-2009 notified of reception of 2008 Continuing Legal Education Award by the Kentucky Bar Association., Kentucky Bar Association, 2009
  • STATEWIDE HONOR: KENTUCKY SUPER LAWYERS 2009; Selected to be included in the 2009 Kentucky SuperLawyer publication printed in the August 2009 edition of Kentucky Monthly magazine, as a"Top Attorney in Kentucky" in the area of CRIMINAL DEFENSE. One of sixteen lawyers selected statewide for this honor. There are currently over 16,000 members of the Kentucky Bar Association., 2009 Kentucky SuperLawyers, 2009
  • LOCAL RECOGNITION LOUISVILLE MAGAZINE MARCH 2009; LOUISVILLE, KY: March, 2009 edition of Louisville Magazine, Louisville, Kentucky: attorney Frank Mascagni, III selected as a "TOP LAWYER" in the areas of CRIMINAL LAW and CONSTITUTIONAL LAW in the Greater Louisville Metro Area containing over 4,000 Kentucky Bar Association members., TOP LAWYERS IN LOUISVILLE, KY, LOUISVILLE MAGAZINE MARCH, 2009 PUBLICATION, 2009
  • STATEWIDE HONOR:PRO BONO SERVICE AWARD 2009: Award presented to Frank Mascagni III "...in support of the constitutional right to counsel for the poor and needy of Kentucky." Presented by : Edward C. Monahan, Public Advocate and Daniel T. Goyette, Public Defender; "The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy." Martin Luther King Jr, (1963); presented 10-23-09 at the Louisville Bar Center., PRO BONO SERVICE AWARD, THE DEPARTMENT OF PUBLIC ADVOCACY AND THE LOUISVILLE-JEFFERSON COUNTY PUBLIC DEFENDER CORPORATION, 2009
  • STATEWIDE RECOGNITION:KENTUCKY SUPERLAWYERS 2008; Selected to be included in the 2008 Kentucky Super Lawyer publication in August, 2008 . Attorney Mascagni selected in the professional area of CRIMINAL LAW. According to the publisher, less than 5% of over 15,000 lawyers admitted to the Kentucky Bar Association in 2008 were honored with being selected to be listed in the 2008 edition of "Kentucky Super Lawyers" statewide. Publication of Law and Politics. August, 2008. Published in Kentucky Monthly magazine, August, 2008, by Vested Interest Publications,Frankfort, KY., Kentucky Super Lawyers, Law and Politics, 2008
  • LOCAL RECOGNITION LOUISVILLE MAGAZINE MARCH 2008; LOUISVILLE, KY: Selected as a Louisville, KY "TOP LAWYER" in the areas of CRIMINAL LAW and GENERAL PRACTICE in The Louisville Magazine, Louisville, KY;, March 2008;selected by being in Martindale-Hubbell with an AV rating from pool of over 4,000 lawyers in Louisville/Jefferson County, KY., Top Lawyers, Louisville Magazine, 2008
  •  STATEWIDE RECOGNITION: HADDAD AWARD presented by the Kentucky Association of Criminal Defense Lawyers; Statewide organization-oldest and most prestigious annual award presented to a criminal law defense attorney; November 18, 2005 for leading successful legal defense in 105 co-defendant criminal syndicate state court cases involving allegations into the massage parlor businesses [ largest syndicate indictment in Ky history] and successful pre-trial supression motion excluding evidence from federal wire taps upheld by the 6th Circuit Court of Appeals; evidence from over 7,000 federal wire taps suppressed at the trial level and ruling affirmed on appeal.========================================       March06 AdvoFile Format: PDF/Adobe Acrobat - Quick ViewFrank Mascagni III received the KACDL Frank E. Haddad,. Jr., Award. This award is presented to a criminal defense lawyer in recognition of exceptional ...www.e-archives.ky.gov/pubs/Public_Adv/March06Advocate.pdf  ►, HADDAD AWARD, Kentucky Association of Criminal Defense Lawyers, 2005
  • LOUISVILLE, KENTUCKY AWARD : Attorney Frank Mascagni received a plaque from the Legal Aide Society Of Louisville, Inc. for assisting in the fund raising efforts to provide legal serives to the indigent in the area., LEGAL AIDE SOCIETY OF LOUISVILLE, KY, INC., 2005
  • STATEWIDE:KENTUCKY BAR ASSOCIATION : Honored by the Kentucky Bar Association in 2000-2004 for donated legal services provided to the public., DONATED LEGAL SERVICES AWARD, KENTUCKY BAR ASSOCIATION, 2004
  • LOCAL RECOGINITION:LOUISVILLE, KENTUCKY;  Assisted in fund raising activities for The Legal Aid Society of Louisville, Inc., The Legal Aid Society Leadership Cabinet Campaign for Justice, The Legal Aid Society, 2003
  • NATIONAL : Selected as an "Outstanding Lawyer in America"., Outstanding Lawyers of America Award, Outstanding Lawyers of America, 2003
  • LOCAL AWARD PRESENTED BY THE LOUISVILLE BAR ASSOCIATION AT THE ANNUAL AWARDS DINNER (LBA) www.loubar.com, for pro bono work with the local Office of the Public Defender representing indigent clients at no expense to the clients. Hon. Morris Dees was also present and recognized for his contributions to the bar and pro bono national work., Louisville Bar Association Pro Bono Service Award, Louisville Bar Association, 2001
  • COMMONWEALTH OF KENTUCKY:, Kentucky Bar Association Donated Legal Services Recognition Award, Kentucky Bar Association, 1999
  • COMMONWEALTH OF KENTUCKY :, Kentucky Bar Association Pro Bono Service Award, Kentucky Bar Association, 1994
  • COMMONWEALTH OF KENTUCKY :, Kentucky Bar Association Continuing Legal Education Award, Kentucky Bar Association, 1994
  • FEDERAL JURISDICTIONS OF KENTUCKY [WESTERN AND EASTERN DISTRICTS ]: Representative of the 6th Circuit as a criminal defense litigator from the Western District of Kentucky at Louisville, Kentucky at the three day federal judges seminar in NORTH CAROLINA for 4th and 6th Circuit and District Court federal judges., 4th and 6th Federal Circuit Delegate: Federal Sentencing Seminar, Selected by the federal judges in the Western District of Kentucky at Louisville, 1993
  • LOCAL :LOUISVILLE BAR ASSOCIATION ANNUAL AWARD FOR SERVICES PERFORMED ON BEHALF OF THE CRIMINAL BAR SECTION OF THE L.B.A. Award formerly known as Lawyer of The Year Award., Louisville Bar Association Distinguished Service Award, Louisville Bar Association, 1981
  • LOUISVILLE BAR ASSOCIATION  BOARD OF DIRECTORS: Appointed by President Geoff Morris to the L.B.A. Board of Directors, LOUISVILLE BAR ASSOCIATION, 1981
  •  LOCAL : LOUISVILLE BAR ASSOCIATION, LOUISVILLE, KY: 1981-1982., Chairman, Criminal Practice Committee, Louisville Bar Association, 1981
  • LOUISVILLE BAR ASSOCIATION JUDICIAL EVALUATION COMMITTEE, 1979: Selected as one of the original members to the first Judicial Evaluation Committee of the Louisville Bar Association to draft an evaluation form and adopt a procedure to evaluate the local judges in state and federal court. Formulated areas of questioning and verbage of the questions to send to the local bar practing in Louisville, Jefferson County, Kentucky: Circuit Court, District Court, Court of Appeals and Kentucky Supreme Court; and federal judges in the Western District of Kentucky. This process continues to the present time and results are published to the public., LOUISVILLE BAR ASSOCIATION JUDICIAL EVALUATION COMMITTEE, 1979
  • NATIONAL HONORS;  Selected for inclusion in Corporate Counsel, June 2010 as a Top Lawyer. Selected again in June, 2011. Notified on September 19, 2011 of selection into the Inaugural Edition of America's Most Honored Professionals 2011. Only the top 10% of all recognized American professionals have been so honored with this award, CORPORATE COUNSEL
  •  LOCAL : BUECHEL, KENTUCKY: Award presented for work performed by the Mayor of Buechel, KY for legal services performed for the City., City of Buechel Mayor's Award

Special Licenses/Certifications:

  • COMMONWEALTH OF KENTUCKY: Testified as an expert witness in Kentucky state Circuit and District Courts in the testimonial areas of criminal law and procedure and professional responsibility [there is no license nor certificate in this area in Kentucky, testimony only allowed when approved by the presiding trial judge]., 1990

Bar/Professional Activity:

  • MASCAGNI LAW OFFICE ACADEMIC SCHOLARSHIP AWARD 2014: awarded to New Albany High School senior Shayla Jones in May, 2014, who will be attending Franklin College in Indiana this fall. Shayla acknowledged on Class Night 2014 with this and several other awards and honors. Congratulations to Shayla., 2014
  • MASCAGNI LAW OFFICE, LOUISVILLE, KENTUCKY: Mascagni Law office is proud to announce the addition of a new associate to the office:  the Hon. Leslie Smith will join the office effective September, 2013. She will join Christian Mascagni in the newly formed Mascagni Law Group. Both are experienced criminal law practioners having experience with the state felony prosecutors office as Assistant Commonwealth's Attorneys for the 30th Judicial District, and at the Metro Public Defenders Office, in Louisville, KY. Both are well respected and seasoned trial lawyers. Hon. Christian Mascagni  entered private practice in April, 2007. Frank Mascagni, III is pleased to welcome the new associate  litigator to the practice. The two associates will appear with Frank Mascagni, III  in the ATTORNEY AT LAW MAGAZINE, KY EDITION IN March-April, 2014., 2014
  • 2014: Published article in ATTORNEY AT LAW MAGAZINE, Jan.-Feb. 2014 edition styled: LITIGATION TIPS: January/February 214 Issue http://digitaleditions.walsworthprintgrou p.co m/publication/?i=192339    ; http://attorneyatlawmagazine.com/kentucky/ -------------------------------------------Litigation Tips By Frank Mascagni -------------------------------------------------Frank Mascagni, III has been practicing criminal law for over 36 years. He is recognized by Best Lawyers in America® , as a Kentucky Superlawyer, as a Top Lawyer by Louisville Magazine and as a AV Rated Lawyer by Martindale-Hubbell. His address 701 West Jefferson Street, Louisville, Kentucky 40202-2742 .------------------------------------------------------------------------------------- Unfortunately, the number of criminal jury trials in the state of Kentucky has been on the decline for the last nine years. Reproduced is a table which I received from the Kentucky Supreme Court at a recent presentation by Chief Justice Minton. Nevertheless, as litigators, we all should prepare each case as though it was going to be resolved by a jury. Reproduced below is an excellent list of objections I received during a presentation after Kentucky adopted the Kentucky Rules of Evidence on July 1, 1992. Each litigator should copy this “cheat sheet” and bring it to court so that it is available during your litigation (should you want to lodge an objection with a basis other than “ouch” or “that hurts”). Good luck!----------------------------------------------------------------------- Kentucky Evidentiary Objections -------------------------------------------------------Your objection to evidence must be timely and specific. If not, your objection may be waived (Rule 103). Make your objection succinctly and in a clear, firm voice. EXAMPLES: “Objection, Your Honor, the question calls for hearsay.” “Objection, leading.” While you generally voice your objection in front of the jury, do not argue your objection in front of the jury. If argument is required, request permission to approach the bench, then present your argument. Use the Kentucky Rules of Evidence to bolster your argument. Below is a list of most of the common objections, a brief explanation, and authority for the objection based on the Kentucky Rules of Evidence. -----------------------------------------------------   1. Ambiguous – Confusing question that is capable of being understood in more than one sense. Rule 611(a). 2. Argumentative – (1) Counsel’s question is really argument to the jury in guise of a question (Example: Counsel summarizes facts, states conclusion, and demands witness agree with conclusion); or (2) excessive quibbling with witness. Rule 611(a). 3. Asked and Answered – Unfair to allow counsel to emphasize evidence through repetition. Greater leeway on cross-examination, however. Rule 611(a). 4. Assumes a Fact Not in Evidence – Fact not testified to contained in the question. Rule 611(a). 5. Authentication Lacking – Proof must be offered that the exhibit is in fact what it is claimed to be. Rule 901(a). 6. Best Evidence Rule – If rule applies, original document must be offered or its absence accounted for. If contents of document are to be proved, rule usually applies. Rule 1002. 7. Beyond Scope of Direct – Rules of Evidence allow cross-exam on any relevant matter, including credibility, however, judge has discretion to limit such questions. An objection may prompt judge to exercise this discretion. Rule 611(b). 8. Compound – More than one question contained in the question by counsel. Rule 611(a). 9. Conclusion – Except for expert, witness must testify to facts within personal knowledge; conclusions are for the jury – and counsel during closing argument. Rule 602; 701. 10. Confusing and Unintelligible – Unfamiliar words, disjointed phrases, or confusing evidence. Rule 611(a). 11. Counsel Testifying – Counsel is making a statement instead of asking a question. Rule 603. 12. Cumulative – Judge has discretion to control repetitive evidence. Repeated presentation of the same evidence by exhibits or by more witnesses is unfair and wastes time. Rule 611(a). 13. Foundation Lacking – No proper foundation for testimony or exhibit. (Example: Offer of “recorded recollection” without showing failure of memory; similar to objection for lack of authentication or personal knowledge.) Rule 602; 901(a). 14. Hearsay (question) – The answer would elicit hearsay, and no exception has been shown. Rule 802. Hearsay (answer) – Question did not call for hearsay, but witness gave it anyway. Consider making a motion to strike and asking judge to instruct jury to disregard the response. Rule 802. 15. Impeachment by Improper Means – Methods of impeachment are limited and specific. Rules 608-610. 16. “Improper” – When you are sure the question is improper, but cannot think of the correct basis for an objection, try “Objection, Your Honor, improper question.” Judge may know the proper basis and sustain your objection, and if the judge asks for your specific basis, you have gained time to think about it. To be used very infrequently. Rule 103( c); 611. 17. Improper Characterization – The question or response has characterized a person or conduct with unwarranted suggestive, argumentative, or impertinent language. (Example: “He looked like a crook.”) Rules 404-405. 18. Incompetent Witness – Lack of qualification such as oath or mental capacity. Also applies if judge or juror is called as a witness. Rule 601-606. 19. Irrelevant – Would not tend to make any fact that is of consequence more probable or less probable. Motion to strike may be appropriate. Rule 402. 20. Leading – Form of question tends to suggest answer. (Permitted, of course, on cross-examination). Rule 611 (c ). 21. Misquoting Witness (or Misstating Evidence) – Counsel’s question misstates prior testimony of witness. Similar to objection based on assuming fact not in evidence. Rule 103 (c ); 611(a). 22. Narrative – Question is so broad or covers such a large time period it would allow witness to ramble and possibly present hearsay, irrelevant or incompetent evidence. Judge has broad discretion in this matter, however. Rule 611(a). 23. Opinion – Lay opinion or inference which is beyond the scope permitted by Rule 701; personal knowledge lacking; or expert witness has not been qualified as such. Rule 701; 702. 24. Prejudice Outweighs Probative Value – At the bench, out of the jury’s hearing, argue that “the probative value of the evidence is substantially outweighed by the danger of unfair prejudice.” May apply to exhibits as well as testimony. (Don’t let the jury hear you say that the evidence is prejudicial–they may be impressed.) Rule 403. 25. Privileged – Answer would violate valid privilege (lawyer-client, husband-wife, clergyman, etc.) Rule 501-508. 26. Speculation and Conjecture – Question requires witness who lacks personal knowledge to guess. Rule 602. 27. Unresponsive – Answer includes testimony not called for by the question. Especially applicable to voluntary response by hostile witness. Note: An objection based solely on this ground is generally deemed appropriate only if made by the examining attorney; therefore, opposing counsel should state some additional basis for the objection. Rule 103 (c ); 611(a)  , 2014
  • LOCAL TELEVISION STORIES LOUISVILLE, KENTUCKY : WAVE 3 and WHAS 11 : September 17, 2013: Attorney Frank Mascagni interviewed by local reporters Maira Ansari and Brittany Gonzalez regarding defense of his client, Chris Thieneman, former mayoral candidate who was arrested 9-16-2013 and charged with Wanton Endangerment II :   http://www.wave3.com/story/23456263/former-mayoral-candidate-accused-of-trying-to-strangle-woman#.UjjRroA27NY.email  SEPTEMBER 17, 2013. Former mayoral candidate accused of trying to strangle woman 9-17-2013  LMPD: Chris Thieneman charge LMPD: Chris Thieneman charged after altercation with woman | WHAS11.com Louisville    September 17, 2013. LMPD: Chris Thieneman charged after altercation with woman | WHAS11.com Louisville*     The Courier Journal:  http://www.courier-journal.com/apps/pbcs.dll/article?AID=/201309171835/NEWS01/309170111 ....Former mayor hopeful gets new trial date | WHAS11.com Louisville* Pretrial hearing held 2-19-2014 in Jefferson District Court before Judge Erica Williams regarding evidence to be heard at trial. Issues briefed and argued, matter under submission awaiting opinion and order. 2-19-2014, 2013
  • LOUISVILLE, KENTUCKY : Commonwealth v. Timothy M. Heston: 12-23-2013: Arraignment in Jefferson District Court: http://www.wdrb.com/story/24288480/police-robbery-victim-pulls-knife-robber-gets-more-than-bargained-for#.UrjKddSWZqY.email Plea of Not Guilty entered today on behalf of his client. December 23, 2013., 2013
  • NATIONAL COMPETITION - MOCK TRIAL JUDGE : Attorney Frank Mascagni will serve as a Mock Trial Judge on   October 26, 2013. Bellarmine University and EKU will co-host the  Kentucky Classic Mock Trial Invitational. The site for the 2013 tournament will  be at the Hall of Justice in Louisville, KY. Approximately 24 teams from across the  nation will participate.   Each  round lasts approximately three hours and is preceded by a 30-minute judge  orientation session. Attorneys are eligible for two hours of CLE. There  will be one round on Friday evening beginning with the Judges Meeting at 6:00  pm, two rounds on Saturday and one round on Sunday morning.   https://sites.google.com/site/bellarminemocktrial/invitational/judges Round  1:  Friday October 25           Judges Meeting begins at 6:00 pm · Round  2:  Saturday October 26 ,Judges Meeting begins  at 9:00 am · Round  3:  Saturday October 26 ,Judges Meeting begins  at 1:30 pm ·                      Round  4:  Sunday October 27, Judges  Meeting begins at 9:00 am; October, 2013. Judge Mascagni judged 2 teams in Round 3. 10-26-2013., 2013
  • LOUISVILLE, KENTUCKY: LOCAL RADIO SHOW: Criminal defense attorney Frank Mascagni invited to appear on a local radio show presented on Magic 101.3 on 10-16-2013 along with Christopher 2X. Topic: current national discussion on criminal law in federal court: mandatory minimum sentences on drug charges. One hour program to be taped on 10-16-2013 and scheduled to air Sunday 10-20-2013. www.101.3online.com  2013. October 16, 2013. 2013, 2013
  • LOCAL TELEVISION STATION WLKY 32 NEWS STORY 9-23-2013:http://www.wlky.com/Bardstown-teacher-accused-of-having-sex-with-student/-/9366718/22090240/-/js3pywz/-/index.html#.UkHEhxLB5ks.email Attorney Frank Mascagni represents a school teacher charged with having a sexual relationship with a 17 year old student. Plea of not guilty entered at arraignment to the charges on September 16, 2013., 2013
  • UNIVERSITY OF LOUISVIILE SCHOOL OF LAW: The Louis D. Brandeis School of Law and its Moot Court Board take great pleasure in announcing the upcoming Pirtle-Washer Oral Advocacy Competition. This annual competition is the law school’s most prestigious internal oral advocacy event, and it offers second, third, and fourth-year students an excellent opportunity to practice their courtroom skills.   Frank Mascagni III will serve as a judge during the preliminary rounds of the Pirtle-Washer Competition on Saturday, October 19, 2012, at the Jefferson County Hall of Justice.  The judges will hear their arguments.   The first round of arguments will begin at 9:00 a.m. and the subsequent rounds are scheduled to finish around 1:00 p.m.  Invitation extended by Jamie Hafley at jdhafl01@louisville.edu October, 2013, 2013
  • STATEWIDE ARTICLE PUBLISHED IN ATTORNEY AT LAW MAGAZINE 9-6-2013: September/October issue: http://digitaleditions.walsworthprintgroup.com/publication/?i=174207 Ethics: Attorney-Client Sexual Relations by Frank Mascagni III, 2013
  • LOUISVILLE, KENTUCKY : Local television WAVE 3 aired a story about the local jail putting inmate information and mug shots online for every arrested person housed in the local jail. Reporter Janelle MacDonald interviewed criminal defense attorney Frank Mascagn III about his concerns:  September 3, 2013   Metro inmate mug shots and information now available online, 2013
  •   LOUISVILLE, KENTUCKY: LOCAL RADIO SHOW: Criminal defense attorney Frank Mascagni invited to appear on a local radio show presented on Magic 101.3  on 7-23-2013 along with Christopher 2X and D.J. E.B. Topics discussed: the  second degree murder/manslaughter charged jury trial verdict of not guilty of 7-13-2013 in the case of Flordia vs. George Zimmerman and deceased, Trayvon Martin ; The Criminal Justice System, fallout of the verdict of not guilty,race in America, etc. One hour program to be taped on 7-23-2013 and scheduled to air Sunday 7-28-2013. www.1013online.com. 2013. July 23, 2013. July 28,2013., 2013
  • LOUISVILLE, KENTUCKY: July 4, 2013: The Louisville, Kentucky newspaper printed an article on a new federal, state and local law enforcement project called "Project Recoil" targeting armed robberies being referred to the federal jurisdiction from the state jurisdiction. Attorney Frank Mascagni's comments were printed in the article: http://www.usatoday.com/story/news/nation/2013/07/03/project-sends-more-gun-cases-to-federal-courts/2488491/ July 4, 2013, 2013
  •  LOUISVILLE, KENTUCKY: LOCAL RADIO SHOW: Criminal defense attorney Mascagni invited to appear on a local radio show presented on Magic 101.3  on 6-5-2013 along with Christopher 2X. Topics discussed: the upcoming second degree murder jury trial of the Trayvon Martin Flordia case and the prosecution vs. George Zimmerman scheduled for June 10, 2011; The Criminal Justice Process in jury selection and the defendant's pretrial motions. One hour program taped on 6-5-2013 to air Sunday 6-9-2013. www.1013online.com. 2013, 2013, 2013
  • LOUISVILLE, KENTUCKY: LOCAL RADIO SHOW: Attorney Mascagni invited to appear on a local radio show presented on Magic 101.3  on 4-17-2013 along with Mr. Herlon Robinson and Christopher 2X. Topics discussed: the national debate over gun control and status of the Trayvon Martin Flordia case and the prosecution vs. George Zimmerman who is facing second degree murder in a trial set for June 10, 2013. Also discussed: The Criminal Justice Process on Homicide cases. One hour program taped on 4-17, 2013 to air Sunday 4-21-2013. www.1013online.com. 2013, 2013
  • LOUISVILLE ASSOCIATION OF PARALEGALS: Attorney Mascagni invited to speak to the Louisville Association of Paralegals at their monthly CLE meeting to be held at the Louisville Bar Association on April 4, 2013. Presentation to cover criminal law and procedure in Kentucky courts with a view of the paralegals role and support. One hour alloted for the presentation. April 4, 2013 at 12:00 noon. LAP Brown Bag Education Seminar – “Criminal Law 101″ Posted on March 14, 2013 by Melissa   When: April 4, 2013 @ 12:00 pm – 1:00 pm Where: Louisville Bar Association 600 West Main Street Louisville,KY 40202 USA Cost: LAP Members Free - Non-Members $10 Contact: Colleen ShieldsE-mail Distinguished criminal defense attorney, Frank Mascagni, III, has accepted our invitation to provide insight into the practice of criminal law from arrest, bond hearing, pretrial motions, negotiations, hearings/trial preparation up through and including trial by jury and post-judgment practice. He will discuss the paralegal’s role within this process. Mr. Mascagni will focus on the behind-the-scenes grind of preparing a defense and being a true advocate for your accused client.  This will be a real world, candid and frank discussion, and questions are welcomed.   No RSVP required. Just grab a lunch and join us for our first Education Seminar of 2013!   This continuing legal education activity qualifies for 1 credit of KPACC-approved CPE credit.   For information on Frank Mascagni, III’s background and law practice, his bio can be found at www.frankmascagniky.com/Firm%20Info/Lawyers/581093.aspx or you can view his attached Legal Profile from the March 2013 issue of Louisville Magazine here: Frank Mascagni Louisville Magazine Legal Profile, 2013
  • NATIONAL ORGANIZATION : Member of the Association of Federal Defense Attorneys.http://www.linkedin.com/groups/Association-Federal-Defense-Attorneys-AFDA-4301042/about. AFDA www.afda.org/, 2013
  • STATEWIDE : 2013 KENTUCKY HIGH SCHOOL MOCK TRIAL TOURNAMENT: To be held March 8-10, 2013 in Richmond, Kentucky and Lexington, Kentucky. Attorney Mascagni selected to serve as a Final Round Judge for the Championship Round, Round 5 , three hour trial, to be held in the Fayette County District Courthouse in Lexington, Kentucky at 10:00 a.m. on Sunday March 10, 2013. Students will participate in representing the civil plaintiff and civil defendant in Walton v. Blitz News Network, where the news network is bing sued by a political candidate for libel. Each team will be composed of 6 students: 3 attorneys and 3 witnesses. All 12 to be judged and winner to go on to national competition., 2013
  • STATEWIDE : BOARD OF DIRECTORS for THE KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE ATTORNEYS (KACDL) for another one year term. Site : www.kacdl.net, 2013
  • UNIVERSITY OF LOUISVILLE SCHOOL OF LAW: Moot Court Judge judging first year law students in oral arguments. Jefferson Hall of Justice, Louisville, KY, March 23, 2013. 9:00 a.m. -1:00 p.m.  five rounds. Each law student has 12 minutes to present their argument subject to questions from the bench. Criminal case: issues: tip regarding suspected drunk driver, police arrest for DUI. Probable cause for arrest, totality of the circumstances, stop subject to motion to suppress, and review by a superior court post conviction., 2013
  • LOUISVILLE, KENTUCKY: 11-9-2012: Attorney Frank Mascagni subpoenaed as an expert witness in a murder case pending in Jefferson Circuit Court in Louisville, KY. Counsel for the defense moved the trial judge to declare a mistrial based on asserted prosecutorial misconduct. Post declaration of a mistrial, hearing held to dismiss case with prejudice.  Attorney Mascagni to be called to respond to questions regarding the KY Rules of Professional Responsibility, ABA Standards, Local and Kentucky Rules of Criminal Procedure, etc. Futher proceedings to be held next week before Senior Judge Geoff P. Morris, Division 10. Commonwealth of KY vs. Steven Pettway: case tried and jury has the case 5-15-2013 p.m., 2012
  • LOUISVILLE, KENTUCKY: LOCAL RADIO SHOW: Attorney Mascagni invited to appear on a local radio show presented on Magic 101.3  on 3-28-2012 along with Mark Gunn and Christopher 2X. Topics discussed: police shootings, national stories covered by the media, racial profiling, etc. I hour program taped 3-28-2012 to air Sunday 4-1-2012., 2012
  • LOUISVILLE, KENTUCKY LOCAL RADIO SHOW: One hour discussion on Race and Politics; Attorney Frank Mascagni was a guest along with Mark Gunn and Christopher 2X to be aired December 2, 2012 on 103.1 radio station. Show taped November 28, 2012.,on local station Magic 101.3 and online at www.1013online.com., 2012
  • LOUISVILLE, KENTUCKY: WHAS CHANNEL 11 TV ; November 19,2012:     Memorial march held for teen one year after deadly shooting | WHAS11.com Louisville* Attorneys Frank Mascagni and Ann Oldfather filed a federal lawsuit on behalf of the deceased teenager, Trey Williams, who was shot 1 year ago by Shelbyville Police officers. November 19, 2012., 2012
  • LOUISVILLE, KY : November 16, 2012: Attorney Frank Mascagni III appeared on WLKY televison regarding a federal lawsuit filed this week with co-counsel Ann Oldfather on behalf of deceased client, Trey Williams, killed in November 2011 by 2 Shelbyville, KY police officers. Lawsuit filed in the Western District of KY at Louisville against the 2 police officers, the chief of police and the city of Shelbyville, KY.   http://www.wlky.com/news/local-news/kentucky-news/Family-files-lawsuit-in-case-of-teen-shot-by-police/-/9718420/17452228/-/2gg7l3z/-/index.html#.UKbeV68LYXc.email, 2012
  • LOUISVILLE, KY RADIO TALK SHOW: MAGIC 101.3 : 9-12-2012: invited to appear as a guest on a one hour show on the topics of race as it relates to the upcoming presidential election; as it relates to claims of discrimination in the dress code of local venues; as to the new chief of police, Chief Steve Conrad of LMPD,  requesting funding for a study of any racial profiling by police officers, etc. The show features Christopher 2X and Mark Gunn. Show to air on Sunday 9-16-2012 on local station Magic 101.3 and online at www.1013online.com., 2012. September 12, 2012., 2012
  • LOUISVILLE, KENTUCKY : Member and supporter of the Louisville Metro Police Foundation, Inc. info@saferlouisville.com. Troy Pitcock, Executive Director, Louisville Metro Police Foundation (troy@saferlouisville.com), 2012
  •  LOUISVILLE, KY RADIO TALK SHOW: MAGIC 101.3 : 4-11-2012: invited to appear as a guest on a one hour show on the current legal developments in the Trayvon Martin killing case in Flordia regarding the "stand your ground" law . Questions answered and discussion related to the KY similar statute enacted in 2006. The show featured Christopher 2X and Mark Gunn. Show to air on Sunday 4-15-2012 on local station Magic 101.3 and online at www.1013online.com., 2012
  • LOCAL TELEVISION COVERAGE ON WLKY, Channel 32, TELEVISION April 26, 2012: "DEALS, DEATH AND JAIL HOUSE INFORMANTS" .Attorney Mascagni interviewed by reporter on a story involving so-called "jail house informants" and their use in the criminal justice system in Louisville, Jefferson County, Kentucky in the last several years. Story to be aired after investigation completed later this month. 4-26-2012: Preview: Jailhouse Informants www.wlky.com WLKY investigative reporter Duane Pohlman talks to a jailhouse snitch now accused of killing an 8th grader. 4-26-2012 Two part story aired on 6:00 p.m. and 11:00 p.m. news. PART 1 of 2: www.wlky.com/news/local-news/wlky-investigates/WLKY-Investigates-Jailhouse-Informants/-/9705322/12007092/-/heqx9m/-/index.html. PART 2 of 2: http://www.wlky.com/news/local-news/wlky-investigates/Part-2-WLKY-Investigates-Jailhouse-Informants/-/9705322/12087016/-/iaukkc/-/index.html#.T5qIJqeC1ws.link, 2012
  • UNIVERSITY OF LOUISVILLE BRANDEIS SCHOOL OF LAW MOOT COURT COMPETITION : March 31, 2012, Attorney Frank Mascagni to serve as a Moot Court Chief Judge for first year law students oral arguments at the Hall of Justice, Louisville, KY. Each student given 12 minutes to make their arguments 9:00 a.m.-12:30 p.m. Acted as Chief Judge of a 3 judge panel for 4 rounds in the morning session.  Criminal case on appeal to the higher appellate court. Sponsored by the Moot Court Board, James M. Chen, Dean of the law school. 3-31-2012., 2012
  • LOUISVILLE KENTUCKY LOCAL RADIO SHOW: FM 101.3 Magic and WGZB 96.5 FM : Attorney Mascagni to appear to answer questions regarding police shooting cases, criminal and civil aspects; convictions reviewed by the KY Court of Appeals and the KY Supreme Court regarding reversable errors. Host Christopher 2X on March 14, 2012., 2012
  • NATIONAL COMPETITION: AMERICAN ASSOCIATION FOR JUSTICE (AAJ) a/k/a THE ASSOCIATION OF TRIAL LAWYERS OF AMERICA (ATLA): Sponsoring the National Student Trial Advocacy Competition, an annual nationwide Mock Trial competition-Regional Competition in Louisville, KY for law school students March 2-4, 2012; attorney Frank Mascagni invited to serve as Presiding Trial Judge.  Hon. James C. Puszczewicz served as scoring judge. Competition to be held at the Brandeis Hall of Justice, 600 West Jefferson Street, Louisville, KY 40202. First Round: Friday 3-2-2012 6:00 pm-9:00 pm. Each side has 80 minutes to put on it's side of the case. A civil case involving a sports injury in a contact sport. There were 4 members on each side: 2 attorneys and 2 witnesses. Entire team scored between 1-5 points on their presentations. 2L and 3L students from TN and NC appeared before attorney Mascagni as Presiding Trial Judge. Event organized by local attorney Hon.William D. Nefzger. 3-2-2012, 2012
  • LOUISVILLE KENTUCKY MOCK  TRIAL JUDGE 2-12-2012: Attorney Mascagni invited to act as trial judge for Bellarmine University Mock Trial intra-squad  competition at the Hall of Justice in Louisville, KY for  the final practice round set for 1:00 p.m. in preparation for the Regional Competition. February 12, 2012. Hon. Jason Butler, coach. Reckless Homicide case providing a set of challenging facts to the college students ( prosecution and defense). Bellarmine University, Louisville, Kentucky., 2012
  • LOUISVILLE KENTUCKY 2-20-2012 LOCAL TELEVISION STORY WHAS 11: Attorney Frank Mascagni interviewed by reporter Renee Murphy on the largest drug bust in the Louisville area:     Drugs, money and guns - Louisville's secret underworld | WHAS11.com Louisville*     USA vs. Michael McCarthy, et. al. pending in the Western District of KY at Louisville. Story aired 2-20-2012. Attorney Frank Mascagni represents the alleged ring-leader of the conspiracy., 2012
  • LOUISVILLE KENTUCKY LOCAL TELEVISION NEWS STORY AIRED 2-8-2012 ON TREY WILLIAMS CASE: Attorney Frank Mascagni interviewed responding to the release of the Kentucky State Police report on the death of his client by the Shelbyville Police officer on 11-19-2011. A claim will be filed for wrongful death in state court or a 1983 civil rights claim in federal court:     Attorney defends family in case of teen tased and shot to death by Shelbyville police | WHAS11.com Louisville* , 2012
  • LOUISVILLE KENTUCKY WHAS 11 LOCAL TELEVISION NEWS STORY 2-8-2012: Attorney Frank Mascagni:         Video released of controversial incident involving two Shelbyville police officers | WHAS11.com Louisville*       , 2012
  • LOUISVILLE KENTUCKY WDRB, FOX 41 ON 2-8-2012: Attorney Frank Mascagni interviewed by Stephan Johnson: Family believes police did not follow proper procedure in fatal shooting, 2012
  • LOUISVILLE KENTUCKY LOCAL TELEVISION NEWS: Attorney Frank Mascagni on WLKY television 2-8-2012: "Taser Video Released From Shelby County Incident - Louisville News Story - WLKY Louisville" The link:http://www.wlky.com/news/30410178/detail.html?taf=lou , 2012
  • LOUISVILLE KENTUCKY 2-8-2012 LOCAL TELEVISION STORY ON FOX 41: Attorney Frank Mascagni intervied by Stephan Johnson regarding the Kentucky State Police file regarding the death of Trey Williams , who Attorney Mascagni and co-counsel Ann Oldfather represent: Discovery sheds some light on what happened when a teen was shot by police http://www.wave3.com/story/16699377/2012/02/07/discovery-sheds-some-light-on-what-happened-when-a-teen-was-shot-by-policeFind more items like this at http://www.wave3.com, 2012
  • LOUISVILLE KENTUCKY TELEVISION NEWS STORY 2-7-2012: Attorney Frank Mascagni interviewed for local news story on 2-7-2012 by Connie Leonard: Discovery sheds some light on what happened when a teen was shot by police http://www.wave3.com/story/16699377/2012/02/07/discovery-sheds-some-light-on-what-happened-when-a-teen-was-shot-by-policeFind more items like this at http://www.wave3.com, 2012
  • LOUISVILLE KENTUCKY 2-6-2012:  Attorney Frank Mascagni interviewed on WLKY television regarding his representation of an 18 year old that was killed by a Shelbyville Police officer:"Taser Video Released From Shelby County Incident - Louisville News Story - WLKY Louisville"The link:http://www.wlky.com/news/30410178/detail.html?taf=lou, 2012
  • LOUISVILLE, KENTUCKY TELEVISION NEWS STORY : Attorney Frank Mascagni interviwed on local television station WHAS 11 on a DUI story aired 2-3-2012:I-Team Investigation: Man with 15 DUI arrests behind the wheel | WHAS11.com Louisville* Story by reporter Adam Waiser. February 3, 2012., 2012
  • FEDERAL JURISDICTION, WESTERN DISTRICT OF KENTUCKY: Invited to speak at FMC-Lexington, Kentucky  to  Psychology Interns about my experience as a criminal defense attorney. Didactic Training class meets on Wednesdays from 10-11:30 a.m. Interns who are completing their final requirements for their doctoral degrees  and  many of them are considering careers in the Federal Bureau of Prisons, or in corrections in general.  Dr. Judith Campbell, PhD. Speaking engagement scheduled for February 22, 2012 at the federal institution at Lexington, KY., 2012
  • NATIONAL BUSINESS INSTITUTE: LOUISVILLE, KENTUCKY LEGAL SEMINAR PRESENTER: June 21, 2012. Attorney Mascagni accepted an invitation to speak at a legal seminar on the topic of ETHICS for the NATIONAL BUSINESS INSTITUTE (NBI) seminar to be held in Louisville, Kentucky on  June 21, 2012. The 3 hour program will be presented twice in a morning and a afternoon session: HOW TO AVOID BEING THE TARGET OF A LEGAL MALPRACTICE CLAIM: Screening the Case and the Client; Recognizing and Avoiding Prohibited Transactions with a Client; Scope of Retention; Time Limitations;  Implementing Internal Controls in the Office ; Identifying Attorney Competency Issues; and  Collections. Amber Barta | Planning Department | NBI, Inc. 1218 McCann Drive | Altoona, Wisconsin 54720 866.315.0265 | F: 715.835.1405 amber.barta@nbi-sems.com| www.nbi-sems.com  , 2012
  • UNIVERSITY OF LOUISVILLE BRANDEIS SCHOOL OF LAW: GUEST SPEAKER: Attorney Frank Mascagni invited to speak to the Criminal Procedure II class at U of L law school on the topic of jury trial practice on March 1, 2012. Course being taught by instructor Judge Olu Stevens, Jefferson Circuit Court, 30th Judicial District, Louisville, Kentucky. Attorney Mascagni recently tried a criminal jury trial presided over by Judge Stevens., 2012
  • LOUISVILLE, KY TELEVISION INTERVIEWS OF JANUARY 4, 2012: Attorney Frank Mascagni interviewed on local television station WHAS 11 on 1-4-2012 regarding Shelby County Grand Jury not indicting police officer in fatal shooting:     Shelbyville Police officers cleared of wrongdoing in 18-year-old's shooting death | WHAS11.com Louisville* . Attorney Frank Mascagni interviwed on WAVE 3 by Connie Leonard regarding his representation of Trey Williams who was killed by Shelbyville Police in November, 2011:http://www.wave3.com/story/16449562/2012/01/04/officer-wont-be-charged-in-teen-shooting. January 4, 2012., 2012
  • NATIONAL ORGANIZATION : National Association of Criminal Defense Lawyers,(NACDL), 2008,2009; LIFE MEMBER 2010., 2011
  • LOUISVILLE, KENTUCKY TELEVISION APPEARANCES ON 12-15-2011; INTERVIEWED ON Three local television stations (WLKY 32, WHAS 11 AND WDRB FOX 41): THE IMPACT ON 500-600 DUI CASES SINCE 9-4-2011 WHERE 4 Breath Tech's WERE NOT CERTIFIED TO GIVE THE BREATH TEST IN JEFFERSON COUNTY: WHAS 11 :      Technicians? error could mean dropped DUI cases | WHAS11.com Louisville*  WLKY 32:   http://www.wlky.com/news-archives/30008019/detail.html?taf=lou   WDRB FOX 41:  http://www.wdrb.com/story/16330902/2011/12/15/500-dui-cases-could-be-in-jeopardy  Attorney Mascagni gives his opinion that all cases are placed in jeopardy. December 15, 2011., 2011
  • COMMONWEALTH OF KENTUCKY: Co-Host of Reception in support of  Governor Steve Beshear & Mayor Jerry Abramson held on August 10, 2011 at the Hurstbourne Country Club, Louisville, KY. Governor Beshear won the general election in November 2011 for a second term as governor., 2011
  • JEFFERSON COUNTY PUBLIC LAW LIBRARY FUNDRAISER PRIMARY SPONSOR: Event to be held on December 2, 2011, at the library from 12:00 noon to 3:00 p.m. in Louisville, Jefferson County, Kentucky.  Lunch and silent auction.  Funds raised will go to support the Jefferson County Public Law Library (JCPLL) and Center for Women and Children. Attorney Mascagni again honored for his contribution in making the event a financial success. 12-1-2011. JCPLL Annual Silent Auction & Luncheon December 2, 2011 , 2011
  • SHELBYVILLE, KENTUCKY : LOCAL TELEVISION November 20-21, 2011: Attorney Mascagni contacted by the family of an 18 year old black male killed in his grandmother's home in Shelbyville, KY by two white police officers. WLKY covering the story: http://www.wlky.com/video/29826462/detail.html#.Tsrfa_Nza5Q.email; Story covered by WDRB FOX 41 local television:   Questions raised after teen shot and killed by police Mascagni reviewing the facts to advise family on their legal options. November 21, 2011. WLKY television follow up story:  Family Of Teen Shot By Police Hires Attorney http://www.wlky.com/news/29819048/detail... SHELBYVILLE, Ky. -- The family of a teen shot and killed by Shelbyville police hires a prominent Louisville attorney. Monday, November 21, 2011.  WLKY televised additional information on the shooting on November 21, 2011: http://www.wlky.com/video/29830249/detail.html#.TswessKreOg.email, 2011
  • NATIONAL TELEVISION PROGRAM ON MURDER CASE IN LOUISVILLE, KENTUCKY: APPOINTED BY TRIAL JUDGE OLU STEVENS TO REPRESENT A WITNESS IN A MURDER TRIAL BEFORE SHE TESTIFED. Commonwealth of Kentucky vs. Frederick W. Davis, Case No. 09-CR-000399, Defendant charged with Murder, Wanton Endangerment I (2 counts) and Tampering with Physical Evidence. Day 5 of the jury trial, recess called and attorney Mascagni appointed to advise witness prior to her testimony. Closings set for Monday 2-21-2011. Assistant Commonwealth's Attorney Erin C. White; Ashley Edwards, PD, for the defendant. Jefferson Circuit Court, Division 9, Louisville, KY. 2-18-2011.Defendant found guilty and sentenced to 37 years. Case to be featured on televison show "AFTER THE FIRST 48 HOURS" aired on Thursday 11-3-2011 on the A & E channel., 2011
  • LOUISVILLE, KENTUCKY LOCAL RADIO SHOW PRESENTATION : Attorney Mascagni appeared on a local radio one hour taped program on September 21, 2011 on Magic 101.3 fm on the topic of "THE COURTS" discussing the criminal justice system in Louisville, Jefferson County, Kentucky in Jefferson District and Jefferson Circuit Courts.  Questions submitted live by Christopher 2X and Tim Gerard. Show to be aired on Sunday, September 25, 2011. First of a three part series on the practice of criminal defense law in Louisville, Jefferson County, Kentucky in a serious felony criminal jury trial from jury selection, openings, to cross examinations, direct examinations, closings, etc., 2011
  • LOUISVILLE, KENTUCKY RADIO SHOW : October 5, 2011: Louisville, Kentucky: Invited to speak  on the radio show "From the Corner to the Courthouse: Both Sides of Justice" broadcast on local station Magic 101.3, Louisville, Kentucky. One hour program. The topic is the Criminal Justice System in Louisville, Kentucky; the defense attorney's preparation for a serious jury trial; Christopher 2X and Tim Gerard to ask questions. Show aired on October 9,2011 at 6:00 p.m. www.1013online.com., 2011
  • LOUISVILLE, KENTUCKY LOCAL TELEVISION WLKY, CHANNEL 32, CBS: Evening news: FRANK MASCAGNI, III, Attorney At Law being interviewed by Eric King on WLKY-32 news on the double murder case pending in Elizabethtown, KY set for tomorrow in Circuit Court. Monday evening news story 6-20-2011:  Murder Suspect Could Be Freed Tuesday www.wlky.com ELIZABETHTOWN, Ky. -- A Fort Campbell soldier charged with two slayings could be spending his last night in jail. Monday, Prosecutor filed a motion to dismiss without prejudice after 2 mistrials and 2 hung juries. June 20, 2011., 2011
  • LOUISVILLE, KENTUCKY LOCAL TELEVISION NEWS STORY: Attorney Frank Mascagni, III on WLKY-32 news discussing the meaning of a second hung jury in a murder case in Hardin County, KY. 4-5-2011 on the 6:00 p.m. news. Reporter Eric King.   What's Next For Brent Burke? www.wlky.com A second jury deadlocked in the double slaying case against a Fort Campbell solder. Prosecutor today announced he will be filing a motion to dismiss the indictment, June 16,2011., 2011
  • LOUISVILLE, KENTUCKY TELEVISION NEWS, WAVE 3 NEWS STORY. Attorney Frank Mascagni interviewed on a story discussing the city's enforcement of the local adult entertainment ordinances. May 4, 2011 11:00 P.M.  When Louisville metro's new adult entertainment ordinance went into effect almost three months ago, the city promised to enforce it. The ordinance requires dancers to cover up and imposes strict rules.http://www.wave3.com/story/14567391/2011/05/03/violations-uncovered-at-louisville-strip-clubs, 2011
  • LOUISVILLE, KENTUCKY Local Television: Attorney Mascagni interviewed by Steve Tellier of WLKY, Adriana Hopkins of WHAS and Jon Chrisos of WAVE on the final sentencing today of Francios Cunningham before Judge Irv Maze on 4-26-2011. Mascagni's client was released from custody today after serving over 5 years in custody pursuant to his earlier plea to Manslaughter, Facilitation to Arson and Tampering With Physical Evidence after his 2009 jury trial resulted in a hung jury. Client originally indicted on two Murder (death penalty) counts, Arson and Tampering With Physical Evidence. Five week jury trial, hung, then settled by agreement. Story on FOX 41 : Francois Cunningham released from jail - FOX41.com Louisville News Kentucky Indiana News Weather Spo www.fox41.com According to court documents, a release order for Francois Cunningham was signed Tuesday afternoon. ‎4-26-2011 on WHAS 11: Francois Cunningham case WHAS11.com | Video | WHAS11.com | News for Louisville, Kentucky www.whas11.com Louisville news, Kentucky. WLKY News Story 4-26-2011- Francois Cunningham: Man Who Confessed To Double Slaying Freed www.wlky.com LOUISVILLE, Ky. -- The man who admitted to killing a Louisville couple then burning their bodies is set free. , 2011
  • LOUISVILLE, KY: GUEST SPEAKER ON LOCAL RADIO SHOW, MAGIC 101.3; April 6, 2011 with Christopher 2X, and producer Mark Gunn on the topic of The Death Penalty nationally ( pro and con) and in Jefferson Circuit Court, 30th Judicial District, Louisville, KY: Statistics, economic factors, race, length of impriosonment before execution, decline of executions, recent polls, etc. One hour show to be taped and broadcast on Sunday 4-10-2011. www.1013online.com.,, 2011
  •  UNIVERSITY OF LOUISVILLE LOUIS D. BRANDEIS SCHOOL OF LAW, LOUISVILLE, KENTUCKY: MOOT COURT JUDGE: Attorney Mascagni to act as Moot Court Chief Judge with Thomas Banks, Esq. and 2L law student Jennifer Siewertsen. 3 judge panel to evaluate first year law students argue their cases to the court. Louis D. Brandeis School of Law. To be held at the Jefferson Hall of Justice, 600 West Jefferson Street in Louisville, KY on Saturday March 26, 2011. Two rounds to be held. March 26, 2011, three a.m. sessions and 2 p.m. sessions. Each law student  to write a brief and be prepared to argue his/her position in 12 minute time slots. Civil case in Indiana dealing with tort law and standing of plaintiff., 2011
  •  LOUISVILLE, KENTUCKY: GUEST SPEAKER ON LOCAL RADIO SHOW, MAGIC 101.3 FM; March 3, 2011 with Christopher 2X, and show producer, Tim Gerard, on the topic of Louisville's 500 homicides since the merger of city/county government on January 2003 through 12-31-2010. One hour show to be taped and broadcast on Sunday 3-6-2011. www.1013online.com., 2011., 2011
  • LOUISVILLE, KY; APPEARANCES ON  LOCAL TELEVISION NEWS AND LOCAL PRINT MEDIA : THE COURIER-JOURNAL NEWSPAPER: LOCAL RADIO: MAGIC 101.3 ; have appeared on local television stations [WHAS-11(ABC), WLKY-32 (CBS), WAVE-3 (NBC) and WDRB-41 (FOX)] and in the local newspaper, The Courier-Journal, on various legal topics dealing with cases I've handled and interviewed on cases gathering local or national attention; primarily high profile criminal cases 2000-2011. Local radio programs on Magic 101.3, Louisville, Kentucky., 2011
  • LOUISVILLE, KY LOCAL TV STATION WAVE 3 INTERVIEW OF FRANK MASCAGNI ON THE CITY'S ENFORCEMENT OF LOCAL ADULT ENTERTAINMENT ORDINANCES aired February 7, 2011: Enforcement of no nudity ordinance begins - WAVE 3 News - Louisville, Kentucky http://www.wave3.com/story/13986985/enfo... Latest Louisville breaking news, headlines, weather, and sports. Kentucky local TV news and more from NBC local affiliate in Louisville, Kentucky, WAVE 3. , 2011
  • LOUISVILLE, KY LOCAL TELEVISION STORIES: Attorney Mascagni and Attorney Lou Sirkin petition the U.S. Supreme Court to review a Kentucky Supreme Court Opinion in favor of a local Metro ordinance restricting adult entertainment venues:  Supreme Court: ban on Louisville strip clubs? - FOX41.com Louisville News Kentucky Indiana News Weat www.fox41.com Louisville News Kentucky and Indiana Louisville ordinance bans full nudity and lap dances, requires dancers to stay at least six feet away from customers strip club; 12-20-2010. City of Louisville to begin enforcement of local ordinance 2-8-2011: Enforcement of no nudity ordinance begins - WAVE 3 News - Louisville, Kentucky www.wave3.com Latest Louisville breaking news, headlines, weather, and sports. Kentucky local TV news and more from NBC local affiliate in Louisville, Kentucky, WAVE 3., 2011
  • LOUISVILLE, KENTUCKY; FEBRUARY 3, 2011 interview on local television 32 Alive WLKY on the state of law in Kentucky on martial rape: Attorney Mascagni was interviewed on 32 Alive on 2-3-2011 on the KY law on marital rape; interviewed by Erin Haynes for the 11:00 p.m. news Man Accused Of Raping Wife www.wlky.com LOUISVILLE, Ky. -- A Louisville man has been indicted on rape and sodomy charges, and police said the victim is his wife. Friday, February 4, 2011., 2011
  • NATIONAL COMPETITION HELD IN LOUISVILLE, KENTUCKY : MOCK TRIAL JUDGE:  Bellarmine University Mock Trial   bellarminemocktrial.com · Cached page Competition sponsored by Bellarmine University, Louisville, Kentucky:  College teams to participate in a mock trial exercise involving a civil case.  Three undergraduates will be assigned to the plainfiff side along with three witnesses vs. three undergraduates representing the defense along with three witnesses.  Participants will argue and present evidence to the trial Judge with an understanding of case law and rules of civil procedure.  Both sides will have 50 minutes to present their cases and each team, a total of 6 members,  will be scored individually as to their oratory/presentation skills.  It will be a four round format January 15, 2011 through January 16, 2011.  Attorney Mascagni to preside as Trial Judge. Teams: Columbia, NY, Loyola, Chicago, Rhodes, Memphis and Bellarmine, KY. Round four: Ohio State vs. Iowa. JEFFERSON HALL OF JUSTICE, Louisville, Kentucky; sponsor/host: Hon. Jason Butler, Bellarmine University Mock Trial &  Mascagni Law Group, Bellarmine University, Louisville, Kentucky. 2011, 2011
  • KENTUCKY BAR ASSOCIATION; Criminal Law Section 2011, 2011
  • LOUISVILLE, KENTUCKY : Louisville Bar Association-member of the Criminal Law Section.1977-2011., 2011
  • STATEWIDE ORGANIZATION, KENTUCKY COALITION TO ABOLISH THE DEATH PENALTY, LOUISVILLE, KENTUCKY: Appointed by the Board of the Kentucky Association of Criminal Defense Lawyers as representative to the KY Coalition to Abolish the Death Penalty (KCADP). (kcadp.org - Cached) Organizational meeting set for 4-24-2010, Louisville, KY. The Attorney General has requested that the Governor approve 3 executions this year. Governor expected to sign 3 in May, 2010. Organization to protest the executions of inmates on death row. Governor has signed death certicicate for a lethal injection in KY for September, 2010. KACDL has notified the governor of our opposition to the death peanaty. Silent protest planned for 9-15-2010 outside the Judicial Center. Gregory Wilson scheduled to be executed on 9-16-2010. Circuit Court judge granted temorary stay on Friday 9-10-2010. Currently under review as of 12-27-2010.==================================================== Defense lawyers rally against executions | NKY.com | cincinnati.com Sep 16, 2010 – At right is attorney Frank Mascagni, III. / Associated Press ... said Frank Mascagni, a defense attorney with the lawyers' group. ...nky.cincinnati.com/.../Defense-lawyers-rally-against-executions - Cached - , 2010
  •  LOCAL TELEVISION, LOUISVILLE, KY : 2-16-2010 Fox 41, WDRB   local television interview regarding Commonwealth of KY vs. Cecil New death penalty case set for sentencing 12-17-2010.  Attorney Mascagni interviewed on death penalty law in the Commonwealth of Kentucky. Cecil New to be sentenced Friday Commonwealth of KY vs. Cecil New death penalty case. Reporter Stephan Johnson. Defendant sentenced to life without parole by trial judge Judith McDonald Burkman, 2010., 2010
  • LOUISVILLE,KY: WLKY 32 LOCAL TELEVISION SHOW ON NEW KENTUCKY LAW ON TEXTING WHILE DRIVING: interviewed by Steve Burgin on Attorney Frank Mascagni's views on the new texting law going into effect on January 1, 2011. Appeared in two stories aired on November 8, 2010 at 5:00pm and 11:00 pm news. www.wlky.com. WLKY Investigates: Texting And Driving, Part 2 www.wlky.com Police across Kentucky will soon begin writing citations for people caught texting and driving., 2010
  • LOUISVILLE, KY: GUEST ON LOCAL RADIO SHOW, MAGIC 101.3; October 21, 2010 with Christopher 2X, and Attorney Don Majors on the topic of upcoming state judicial elections. 10 judicial races on the ballot November 2, 2010: 2 Circuit court seats and 8 District Court seats. One hour show to be taped and broadcast on Sunday October 24,2010. www.1013online.com.,, 2010
  • UNIVERSITY OF LOUISVILLE BRANDEIS SCHOOL OF LAW: MOOT COURT JUDGE: Served as a Moot Court Judge for first year law students oral arguments. 3-27-2010 at the Brandeis Hall of Justice, 600 West Jefferson Street, Louisville, KY. Each student to argue his/her brief and performance to be scored by judges. Three judge panel heard arguments by law students, after reading their briefs, and scored their oral presentations in a federal case on appeal dealing with ineffective assistance of counsel, 2010
  • LOUISVILLE, KY: GUEST MODERATOR ON LOCAL RADIO SHOW, MAGIC 101.3; March 17, 2010 with Christopher 2X, Jason Riley from the Courier Journal newspaper and Jon Heck, Assistant Commonwealth Attorney on the topic of press coverage in Jefferson Circuit Court on criminal felony cases. One hour show to be taped and broadcast on Sunday 3-21-2010. www.1013online.com., 2010
  • KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS [KACDL] www.kacdl.net,  2010: elected to serve as First Vice President for  the organization statewide. Currently involved in hobby efforts at the Kentucky General Assembly in session; planning summer video seminars statewide; to be a speaker at the summer video series on the topic of federal and state gun laws; assist in the planning of 2010 annual seminar on November 5, 2010; to moderate one of the CLE sessions, etc., 2010
  • MOCK TRIAL JUDGE OF NATIONAL COMPETITION HELD IN LOUISVILLE, KENTUCKY : Mock Trial Judge: Competition sponsored by Bellarmine University, Louisville, Kentucky: "Derby Challenge 2009": Teams invited: Bellarmine, Furman, Rhodes, UCLA and UVA to participate in a mock trial exercise involving a murder case.  Three undergraduates will be assigned to the prosecution along with three witnesses vs. three undergraduates representing the defense along with three witnesses.  Participants will argue and present evidence to the trial Judge with an understanding of case law and the federal rules of criminal procedure.  Both sides will have 50 minutes to present their cases and each team will be scored individually as to their oratory/presentation skills.  It will be a three round format November 6, 2009 through November 8, 2009.  Attorney Mascagni to preside as Trial Judge. JEFFERSON HALL OF JUSTICE, Louisville, Kentucky; sponsor/host: Hon. Jason Butler, Assistant Commonwealth's Attorney, 30th Judicial District., 2009
  • SOUTHERN DISTRICT OF INDIANA : practiced federal criminal defense cases in Indianapolis, New Albany and Evansville, Indiana., 2009
  • STATEWIDE SPEAKER TO NEW LAWYERS PROGRAM, COVINGTON, KENTUCKY: Kentucky Bar Association-New Lawyers Program; 1-16-2009, Covington, KY; Presenter-Ethics from the prosecution and defense perspectives., 2009
  • LOUISVILLE, KENTUCKY RADIO SHOW : September 24, 2009: Louisville, Kentucky: Invited to speak and act as a moderator on the radio show "From the Corner to the Courthouse: Both Sides of Justice" broadcast on local station Magic 101.3, Louisville, Kentucky.  The topics for November 2009 will include the Criminal Justice System in Louisville and in the Commonwealth of Kentucky; the role of race in the Criminal Justice System, etc.. Show hosts Felicia Nu'Man, Derwin Webb and Christopher 2X. Show aired on 11-8-09 at 6:00 p.m. www.1013online.com., 2009
  • LOUISVILLE, KY RADIO TALK SHOW: 12-09-2009 invited to act as moderator of a one hour show on race in the court system. Topics included jury selection, disparities in sentencing and incarceration, etc. Other lawyers present : Aubrey Williams, Derwin Webb and Felicia Nu'Man, with host Christopher 2X. Show to air 12-13 09 on local station Magic 101.3 and online at www.1013online.com., 2009
  •  STATEWIDE : Kentucky Association of Criminal Defense Lawyers (KACDL) Board of Directors 2006,life time member, 2009
  • 30TH JUDICIAL DISTRICT LOUISVILLE/JEFFERSON COUNTY KENTUCKY : Co-Sponsor and one of the guest speakers  at the retirement luncheon for District Court Judges Joan A. Toni Stringer and Janice R. Martin in Louisville, KY. Held on June 15, 2009 at the Louisville Marriot Ballroom to honor the services of these two local judges in the 30th Judicial District of Kentucky. Attorney Mascagni told insider stories of practicing as a litigator before the judges, including the first successful DWB (driving while black) defense to a DWI charge., 2009
  • STATEWIDE: Kentucky Association of Criminal Defense Lawyers [KACDL ]; Vice President 2005; Director at Large 2006, life time member; Director-at-large 2009, 2009
  • FRANKFORT, KENTUCKY : 6-30-2008 PRESS RELEASE: lawsuit filed in Franklin Circuit Court, Frankfort, KY, by The Dept. of Public Advocacy, the Louisville and Jefferson County Public Defender Corp., attorney Frank Mascagni, III and his client, John Doe, seeking a declaratory judgment one day before implementation of plans to reduce P.D. services in all Kentucky courts based on legislative budget cuts. Named party defendants are: Todd Hollenbach IV, KY state Treasurer; Jonathan Miller, KY Secretary of Finance; David L. Williams, President of KY Senate; Jody Richards, Speaker of the House. Civil Action No. 08-CI-1094, Division II. Hearing scheduled in Circuit Court in March, 2009. Appeal to the Kentucky Supreme Court for final resolution.  Supreme Court of Kentucky case no. 2009-SC-0164-TG (2009-CA-0484): Motion to transfer to the Kentucky Supreme Court was granted on April 20, 2009.  The Kentucky Supreme Court issued an order entered May 13, 2009 dismissing the action "as being moot" by the majority of sitting Justices except J. Scott, "who would deny Appellees' Motion to Dismiss."===============================================COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION _____ ...      PDF/Adobe Acrobat - Quick ViewFRANK MASCAGNI, III, individually and. PLAINTIFF on behalf of others similarly situated and. JOHN DOE individually and. PLAINTIFF ...www.clearinghouse.net/chDocs/public/PD-KY-0001-0001.pdf, 2008
  • FRANKFORT, KENTUCKY: April 29, 2008 PRESS RELEASE: Secretary of the Justice and Public Safety Cabinet, the Honorable J. Michael Brown, was appointed by Kentucky Governor Steve Beshear in 2007. He issued a press release on April 29, 2008 creating 5 committees to review specific issues that impact incarceration rates. One of the committees, 218A, was charged with a review of the controlled substance statutes for uniformity, proposed changes, and the advisability of controlled substance statues becoming part of the penal code. Frank Mascagni, III has been selected as a member of the committee by Chair, Greg Howard, Commissioner of Kentucky Vehicle Enforcement [now chaired by Judge Gregory Bartlett]; recommendations are due to the Governor by 12-1-08. May, 2008. Recommendations being considered by the Kentucky General Assembly 2009.  When the 2009 Legislative Session ended the following Senate Bills Passed as of 3/27/09: SB 4/CI (BR 331) INTENSIVE SUBSTANCE ABUSE TREATMENT AS A CONDITION OF PRETRIAL DIVERSION AND PRETRIAL RELEASE: PASSED; SJR 12 (BR 199) JOINT COMMITTEE OF JUDICIARY TO STUDY AND REFORM THE KENTUCKY PENAL CODE: PASSED; Governor signed HB 463 on March 3, 2011 signing into law some of the proposed changes: Penal Code Reform Bill. New laws go into effect June 8, 2011., 2008
  • NEW ALBANY, INDIANA : Admitted to the Southern District of Indiana, 2008
  • ELIZABETH, INDIANA : November 7, 2008: KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS [KACDL] Annual Seminar. I was honored to co-sponsor this event and be responsible for assembling the 700 page written seminar materials as a member of the Ad Hoc Seminar Committee featuring Prof. Jonathan Turley of The George Washington University School of Law and John Wesley Hall, Jr., President of the National Association of Criminal Defense Lawyers [NACDL]. All day legal seminar addressing topics for the criminal defense advocate in federal and state courts. Presenters included KENTUCKY SUPREME COURT Chief Justice John Minton,KENTUCKY COURT OF APPEALS Chief Judge Sara Combs and FEDERAL COURT, WESTERN DISTRICT OF KENTUCKY Chief Judge John Heyburn. Evaluations after the all day seminar ranked as one of/or the best criminal law defense seminar ever presented., 2008
  • The Association of Trial Lawyers of America(ATLA) former member, 2005
  • American Bar Association former member, 2005
  • Louisville Bar Foundation, Inc. Fellow 2011, 2003
  • Kentucky Academy of Justice former member and seminar presenter., 1998
  • UNITED STATES COURT OF APPEALS, 6TH CIRCUIT COURT OF APPEALS, CINCINNATI, OHIO:  admitted in 1983. In good standing through present . Received a 2-1 written opinion in case no. 06-5245, 478 F.3d 704 (6th Cir. 2007) affirming the trial court judge's decision supressing evidence in a drug case:  UNITED STATES OF AMERICA VS. REGINALD, MARSHALL EVANS, ET. AL., 1983
  • CINCINNATI, OHIO : Sixth Circuit Court of Appeals 1983-2012., 1983
  • LEXINGTON, KENTUCKY : Eastern District of Kentucky 1983-2011., 1983
  • Louisville Bar Association, Chairman of the Criminal Practice Committee [1981-1982]., 1981
  • Louisville Bar Association Board of Directors, 1981
  • Louisville Bar Association Professional Responsibility Committee: a member of The Professional Responsibility Committee of the L.B.A for many years (late 1970's-1980's). The Kentucky Bar Association assigned this committee the responsibility to accept referred bar complaints filed against local attorneys to investigate, gather the facts and law, prepare a report for the full committe, discuss at the committee meetings and make a recommendation to the K.B.A. as to our recommendations each month. This was a very intense hard working committee that took it's assignments very seriously. After many years, the K.B.A. ceased this committee's work and handled all bar complaints statewide at the Frankfort, KY main office. My honor to serve with Ralston Steenrod, Esq., Rick Cusick Esq., Mike Cronan, Esq. and many other committe member who served so honorably., 1979
  • Western District of Kentucky 1978-2011., 1978
  • National District Attorney's Association-1977- former member, while working at the District Attorney's Office (The Commonwealth's Attorneys Office) from 1976-1979., 1977
  • Louisville Bar Association, Criminal Practice Committee, 1977-2011., 1977
  • Kentucky Circuit and District Courts, 1977
  • Kentucky Bar Association, 1977
  • Kentucky Supreme Court, 1977
  • WAVE 3 TELEVISION NEWS STORY AIRED 12-21-2011 ON TREY WILLIAMS CASE: Attorney Frank Mascagni and attorney Ann Oldfather have agreed to represent the family of deceased 18 year old Trey Williams after he was killed by two Shelbyville, KY police officers while he was at his grandmothers home. The family wants answers. Parents of teen shot by police say they have more questions than answers http://www.wave3.com/story/16374077/2011/12/21/parents-of-teen-shot-by-police-say-they-have-more-questions-than-answers, 12
  • LOUISVILLE, KENTUCKY: WHAS CHANNEL 11 TELEVISION NEWS STORY SHOWN ON MAY 24, 2011, AT THE 11:00 PM NEWS: ATTORNEY FRANK MASCAGNI BEING INTERVIEWED REGARDING THE CITY OF LOUISVILLE EFFORTS IN ENFORCING THE ADULT ENTERTAINMENT ORDINANCES:  WHAS11.com | Video | WHAS11.com | News for Louisville, Kentucky   WHAS11 investigates: Are strip clubs in Louisville violating the city ordinance?  
  • Kentucky Association of Trial Attorneys (KATA), former member and seminar presenter.
  • LOUISVILLE/JEFFERSON COUNTY, KENTUCKY : Appointed by Chairman, Judge Daniel Schneider to the LOUISVILLE/JEFFERSON COUNTY CRIME COMMISSION as a member.
  • Federal Bar Association former member and seminar presenter

Pro bono/Community Service:

  • LOUISVILLE, KY RADIO TALK SHOW: 3-12-2014 invited as a guest to a one hour show  to discuss the criminal jury trial in Florida: State of Flordia vs. Michael Dunn. The defendant was convicted on four charges related to his shooting into a SUV full of teenagers during an argument over loud music. He was convicted of 3 counts of attempted second degree murder but the jury hung on the first degree murder charge on 2-15-2014. Host Christopher 2X. Show to air on 3-16-2014 on local station Magic 101.3 and online at www.1013online.com., 2014., 2014
  • NATIONAL BUSINESS INSTITUTE (NBI) LEGAL SEMINAR, LOUISVILLE, KY :Attorney Mascagni invited to speak at a all day legal seminar in Louisville, Kentucky to be held on May 22, 2014. Written materials to be supplied by the presenter. Four presenters to cover the topics of: Kentucky Criminal Defense Strategies   5/22/2014 - Louisville, KY  federal and state law. www.nbi-sems.com., Presenter,   National Business Institute (NBI), All Day Legal Seminar May 22, 2014 in Louisville, Kentucky. 2014, 2014
  • NATIONAL BUSINESS INSTITUTE (NBI) LEGAL SEMINAR, LOUISVILLE, KY :Attorney Mascagni invited to speak at a legal seminar in Louisville, Kentucky to be held on November 14, 2013. Written materials to be supplied by the presenter.. Four presenters to cover the topic of EVIDENCE, federal and state law. www.nbi-sems.com., Presenter, Applying the Rules of Evidence: What Every Attorney Needs to Know, National Business Institute (NBI), All Day Legal Seminar November 14, 2013 in Louisville, Kentucky. Evaluation of presentation:100% rating: " Awesome! Worth the price of admission!" " Off the Chart-The Best.", 2013
  • LOUISVILLE ASSOCIATION OF THE DEAF, INC.: Attorney Frank Mascagni- sponsor of a fundraiser event scheduled for September 7, 2013 to fund scholarships for the Deaf Club.  September 7, 2013. www.loudeaf.org  Louisville Association of the Deaf Homepage, 2013
  • SULLIVAN UNIVERSITY, LOUISVILLE, KENTUCKY: Invited to speak to a CRIMINAL LAW class on 7-17-2012 on behalf of Robbie Howard, Esq., Assistant Jefferson County Attorney on legal defenses. 6:00 p.m.-7:30 p.m., 2012
  • CITIZENS FOR BETTER JUDGES; LOUISVILLE; www.citizensforbetterjudges.org ,1983-2012- organization of local lawyers and community leaders gather each political election year where state judges are on the ballot. Currently 30 attorneys and a citizens review board  interview and endorse the most qualified candidate on the ballot. The citizens observe the process and evaluate it. Each attorney member serves a three year term. Endorse in judicial races in Jefferson District, Circuit, and  Family Courts; Kentucky Court of Appeals and Kentucky Supreme Court. No judicial elections in 2009; committee to meet in 2010 to consider 7 District and Circuit appointments to be made in 2009. Judges on the ballot in May and November, 2010. Attorney Mascagni to serve a new term for 2010-2012 for local judicial elections for District and Circuit Courts, 10 judicial contests on the fall ballot. May, 2010 primary and November, 2010 General Elections. Attorneys to serve terms on a rotating basis per year., 2012
  • LOUISVILLE, KY: Local attorney, Frank Mascagni, III will dress in  a Santa suit and bring an old-fashioned  party to the homeless mothers and children at Wayside Christian Mission's Women and Children's Shelter at the downtown location. Santa and his elves will provide candy, pasteries, cookies, fruit, pudding and drinks and gifts for all the children. Each child  will also receive a $2.00 bill as a special treat. Mr. Mascagni engaged a professional photographer to take a holiday picture of each child on Santa's lap. The party will provide a good holiday memory for the families who will be spending their Christmas in the shelter. Nina Moseley, Director. website: www.waysidechristianmission.org; Party to be held on December 22, 2011. Mascagni Law office to proud to sponsor this holiday event.  , 2011
  • LOUISVILLE, KENTUCKY, JEFFERSON COUNTY PUBLIC LAW LIBRARY 2011: Attorney Frank Mascagni, III was pleased to again be a major sponsor the fund raiser held at the Jefferson County Public Law Library (JCPLL), a non-profit organization whose mission is to provide the community with a current collection of legal references to promote justice and respect for the law. The 2011 luncheon and silent auction was a great success, with proceeds to go to ECHO, Exploited Children's Help Organization., 2011
  • THE LAW OFFICE OF THE SOUTHERN CENTER FOR HUMAN RIGHTS: 14TH ANNUAL FREDERICK DOUGLASS AWARDS DINNER IN WASHINGTON, D.C. Attorney Frank Mascagni, III was one of Event Co-Sponsors to be held November 18, 2010 honoring the Public Defender Service For The District Of Columbia. Stephen Bright to speak at the dinner., 2010
  • LOUISVILLE, KENTUCKY : ASCENSION GRADE SCHOOL: CAREER DAY PROGRAM. Presentation during student enrichment days to 8th graders. 2 hour presentation on the careers associated with the law from the views of a criminal defense trial lawyer, a state prosecutor, a police officer, a Circuit Court trial judge and a Court of Appeals judge. May 25, 2010 at Ascension School. Other speakers: Christian Mascagni, John Balliet, Sgt. Ken Hatmaker, Judge Olu Stevens and Judge Tom Wine., 2010
  • LOUISVILLE, KY LOCAL RADIO SHOW: Radio Show -Magic 101.3 : One hour program to air Sunday 7-11-2010. Answered questions on several topics: "The War On Drugs", local Louisville Division of Police SWAT teams and Motions for Change of Venue. Attorney Frank Mascagni answered questions by Christopher 2X and program producer. July 11, 2010 MAGIC 101.3 RADIO SHOW., 2010
  • LOUISVILLE, KY: WAYSIDE CHRISTIAN MISSION WOMEN AND CHILDREN'S SHELTER: Local attorney, Frank Mascagni, IIIand his office staff, appeared as Santa with his elves  on Monday, December 20, 2010 and bring an old-fashioned  party to the Women and Children's Shelter of Wayside Christian Mission's their new location at Second and Broadway Streets. Santa and his Elves came bearing candy, pasteries, cookies, fruit, and drinks, toys and gifts for all the mothers and children. Each child will also receive a $2.00 bill as a special treat. Mr. Mascagni engaged a professional photographer, Bob Gardner,  to take a holiday picture of each child on Santa's lap to be given to each child. The party will provide a good holiday memory for the families who will be spending their Christmas in the shelter. Nina Moseley, Director. website: www.waysidechristianmission.org, 12-20-2010., 2010
  •  NEW ALBANY, INDIANA: VETERANS OF FOREIGN WARS ;Member of the Men's Auxiliary to the Veterans of Foreign Wars of the United States, Post 3281. Volunteer 2009-2010. Currently working on a cyber-cafe by purchasing four computers  to allow  local families to speak with their sons and daughters overseas in the military, July 2009-February, 2010. Live feed overseas installed at the Post. Three computers and one with live feed with audio and visual capablities open to the military familes. Rooms dedicated and opened February, 2010. Photo and newspaper article in The Tribune newspaper, New Albany, IN on February 28, 2010, www.newsandtribune.com., 2010
  • SUPPORTER of Morris Dees, Founder, Southern Poverty Law Center. Supporter of Stephen Bright, president and senior counsel for the Southern Center for Human Rights., 2009
  • LOCALLY PUBLISHED BOOK :"RACE TO JUSTICE" law horse featured in gallopalooza II, the horses of possibility city; by author Lynn A. Huffman. Co-Sponsor local attorney,  Frank Mascagni, III,  featured a life sized horse with American justice system symbols: gavel, criminal law book, Themis, the Supreme Court Building and verdict "Not Guilty". Artists Dan Colon and Pam Stockard. Horse displayed at 7th and Jefferson Streets in downtown Louisville across from the Hall of Justice and the new Judicial Center. Book published and released 2009., 2009
  • LOUISVILLE, KY WAYSIDE CHRISTIAN MISSION CHRISTMAS PARTY WITH SANTA : 12-22-2009; Mascagni Law office gave a Christmas Party for the Wayside Christian Mission Women and Children's Shelter. Frank dressed up as Santa Claus and his office staff and their families as Elves, each with an elf hat. The shelter housed 50 children this year from 0-18, and all were treated to candy, cookies, soft drinks, snacks, fresh fruit and each child received a toy for Christmas. The Head Elf, Chastity ,also gave each child a $2.00 bill. Bob took photos of each child on Santa's knee and they will be provided to each family as a holiday memory. It was a success and everyone had a good time. Website; www.waysidechristianmission.org., 2009
  • THE LOUISVILLE BAR ASSOCIATION, LOUISVILLE, KY  : in it's monthly publication of BAR BRIEFS, June, 2009, featured a article on MASCAGNI LAW OFFICE with the addition of a 2009 Louisville Gallopalooza horse, (www.gallopalooza.com) being placed in the front of the law office in time for the 2009 Kentuck Derby events. It is one of approximately 130 horses placed throughout the city. It is the only one featuring legal images of the U.S. Supreme Court building, a criminal law book, the scales of justice, a gavel, Themis ( blind lady justice), a Not Guilty verdict form, etc. It is a welcome addition across the street from the two courthouses downtown at 7th and Jefferson Streets. People passing on the sidewalk stop to look, admire and take photos. Two local artists were commissioned and the $4500.00 fee went to the artists, cost of the horse, base and plaque and to the City of Louisville Operation Brightside. www.loubar.org/publications.cfm  June, 2009, 2009
  • LOUISVILLE, KY GUEST SPEAKER ; ITT TECHNICAL INSTITUTE: guest speaker to the School of Criminal Justice class. The Practice Of Criminal Law. Instructor: Hon. Dondra Meredith 4-14-2009. Views on the criminal law  practice and procedure; on  judges, police officers, prosecutors, juries, clients, criminal defense attorneys in the real world., 2009
  • LOUISVILLE, KY ;LEGAL AID SOCIETY ; Legal Aid Society of Louisville, Inc. providing free legal service to clients in Jefferson District Court for criminal expungement petitions, 2008-2009., 2009
  • UNIVERSITY OF LOUISVILLE LAW SCHOOL ; Moot Court Judge for first year law students at the University of Louisville School of Law; March 28, 2009 at the Jefferson Hall of Justice, Louisville, KY, 2009
  •  LOCAL COMMUNITY : PRESS RELEASE 12-12-2008 LOUISVILLE, KY: Local attorney, Frank Mascagni, III donned a Santa suit and brought an old-fashioned  party to the homeless mothers and children at Wayside Christian Mission's 822 East Market Street location. Santa came bearing candy, pasteries, cookies, fruit, pudding and drinks and gifts for all the children. Each child  also received a $2.00 bill as a special treat. Mr. Mascagni engaged a professional photographer to take a holiday picture of each child on Santa's lap. The party provided a good holiday memory for the families who will be spending their Christmas in the shelter. Nina Moseley, Director. website: www.waysidechristianmission.org; What's New page. , 2008
  • LOUISVILLE, KY COMMUNITY SPONSORED ATHLETIC EVENT:  Mascagni Law office sponsored a girl's basketball game on 12-30-2008 at Saint Francis of Assisi gym in Louisville, KY. The teams were: Our Lady of Lourdes bearcats vs. Saint Francis of Assisi cougars: 3rd and 4th graders. Mr. Mascagni produced color programs and refereed the game with Barbara Peak. After the game pizzas were donated to the players, parents and coaching staffs. A good time was had by all., 2008
  • LEGAL AID SOCIETY OF LOUISVILLE, INC. :Legal Aid Society Justice for All Campaign Committee: to assist with fund raising activites to provide needed funding for the clients served by the Legal Aid Society, Inc. of Louisville, KY. 2008., 2008
  • LOUISVILLE BAR ASSOCIATION-LEADERSHIP ACADEMY ALL DAY SEMINAR :Louisville Bar Association-Leadership Academy presenter/panel member; August 15, 2008-address to members of the bar selected to the leadership academy; Pro Bono Opportunties., 2008
  • LOUISVILLE, KY MOOT COURT JUDGE;LOUIS D. BRANDEIS SCHOOL OF LAW ; Louis D. Brandeis School of Law Moot Court Judge, March 29, 2008-judging oral arguments of first year law school students; Hall of Justice, Louisville, KY., 2008
  • LOUISVILLE, KY MOCK TRIAL JUDGE; BELLARMINE UNIVERSITY; Bellarmine University Mock Trial Regional Competion Presiding Judge, Jefferson Hall Of Justice, Louisville, KY Feb. 2008, 2008
  • LOUISVILLE, KENTUCKY, LOUISVILLE FORUM: Attorney Mascagni was invited to the monthly lunch meeting held at Vincenzo's Restaurant, Louisville, KY  to discuss the current law in the area of Adult Entertainment based on the recently passed Louisville Metro ordinances regulating adult book stores and live entertainment venues. Opposing views debated with attorney from ROCK based on litigation pending challenging the constitutionally of the ordinances., 2006
  • AUTHOR/PRESENTER/SPEAKER: Louisville, KY; Destin, FL; Covington, KY, Elizabeth, IN and Las Vegas, NV; and statewide on DVD for the Kentucky Association of Criminal Defense Lawyers[1978-2011 ]: Presentations made to US Department of Justice, US Attorneys Office, Western District of Kentucky at Louisville, KBA, University of Louisville School of Law, Louisville Bar Foundation, LBA, Continuing Legal Education, Federal Bar Association, Kentucky Association of Trial Attorneys, Kentucky Academy of Justice, Kentucky Association of Criminal Defense Lawyers, Northern Kentucky Bar Association, National Business Institute; Kentucky Prosecutors Annual Conference, Lorman Educational Services,, 1977
  •    LEXINGTON, KENTUCKY; JULY 16-20,2011; 35TH ANNUAL CONFERENCE: FRANK MASCAGNI, III  was one of the sponsors for the NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES held in Lexington, Kentucky in July, 2011:  Sponsors - NOBLE 2011 Conference Connection Mascagni Law Office, Frank Mascagni III, Attorney at Law www.noble2011.com/sponsors.html - Cached
  • LOUISVILLE, KY ;August 27, 2009: Co-sponsor of fundraiser for expansion of the office of the Jefferson County Attorney: National Council of Jewish Women- Intake Center at the Brandeis Hall of Justice in Louisville, KY for victims and children of domestic violence.
  • LOUISVILLE BAR ASSOCIATION " ASK A LAWYER" radio program. Invited to participate in the radio program with other local attorneys to answer caller questions on the air. Callers invited to call in and ask questions of the panel from the LBA.
  • Jefferson County Teen Court Judge; University of Louisville School of Law Moot Court Judge, Moot Court Judge, Louis D. Brandeis School of Law; Moot Court Judge for competion sponsored  by Bellarmine University, 2008; Jefferson County Judges Task Force on Jail Overcrowding; Jefferson County Judges Task Force on DUI; Jefferson County Crime Commission Member; Citizens for Better Judges [legal organization interviewing local candidates for judical races-Kentucky District, Circuit, Court of Appeals and Supreme Court; federal judges, Western District of Kentucky, Louisville, KY; meeting with local citizens for imput & publication of our recommendations-for 25 + years]; High School Guest Speaker on Criminal Law and Search and Seizure: Central High School, St. Xavier High School, Sacred Heart High School, Ballard High School and Assumption High School; presentation at Ascension elementary school; Law Day Speaker (Jefferson County Board of Education); St. Matthews Youth Basketball Coach, Ascension Elementary School Basketball Coach, St. Xavier High School Intramural Basketball Coach, Youth All-Star Coach, AAU Basketball Coach; Italian American Association member and served on the Board of Directors 2007; volunteer- Festa Italiana [2005-2007].
  • LOUISVILLE BAR ASSOCIATION ; Louisville Bar Association/KATA Program: People's Law: Adult Education Program-speaker/presenter. Frank Mascagni and Charles L. Cunningham, Jr. addressed adult students on various legal topics at Atherton High School, Louisville, KY.
  • KENTUCKY ASSOCIATION OF TRIAL LAWYERS [KATA]; "Trial by Jury" presentation at the Kentucky State Fair, Louisville, KY, mock jury trial presented to the public, presenter.

Scholarly Lectures and Writings:

  • 2014: Attorney Frank Mascagni authored an article to be published in the upcoming Attorney At Law Magazine in May-June 2014 entiltled: " WHAT EVERY LAWYER SHOULD KNOW PRIOR TO ADVISING THEIR CLIENT TO ENTER A PLEA OF GUILTY IN A CRIMINAL CASE: Collateral Consequences Of A Criminal Conviction In Kentucky", Author, Attorney At Law Magazine May-June 2014, 2014
  • NATIONAL BUSINESS INSTITUTE (NBI) LEGAL SEMINAR, LOUISVILLE, KY : Attorney Mascagni invited to speak at an all day legal seminar in Louisville, Kentucky to be held on May 22, 2014. Written materials to be supplied by the presenter. Four presenters (Chief Circuit Court Judge Charles R. Hickman, Steve Schorering, Esq., Mark D. Chandler, Esq. and Frank Mascagni, III, Esq.) to cover several topics in the area of CRIMINAL LAW Jury Trials:  "KENTUCKY CRIMINAL DEFENSE STRATEGIES" , in state court. www.nbi-sems.com., Presenter, National Business Institute (NBI), All Day Legal Seminar May 22, 2014 in Louisville, Kentucky. 6 hours CLE (1.0 Ethics).Kentucky Criminal Defense Strategies, SEMINAR PRESENTER, , National Business Institute (NBI), 2014
  •   Attorney Mascagni authored a legal article on Litigation Tips for Attorney At Law Magazine, Jan./Feb. 2014 that will be sent hard copy to approximately 5000 KY attorneys and 6000 digital versions to KY attorneys. Published online 1-17-2014: http://digitaleditions.walsworthprintgrou p.co m/publication/?i=192339, Author, Litigation Tips, Attorney At Law Magazine Jan./Feb. 2014, 2014
  • NATIONAL BUSINESS INSTITUTE (NBI) LEGAL SEMINAR, LOUISVILLE, KY :Attorney Mascagni invited to speak at a legal seminar in Louisville, Kentucky to be held on November 14, 2013. Written materials to be supplied by the presenter.. Four presenters to cover the topic of EVIDENCE, federal and state law. www.nbi-sems.com., Presenter, National Business Institute (NBI), All Day Legal Seminar November 14, 2013 in Louisville, Kentucky., 2013 Here is a link to the seminar webpage: Applying the Rules of Evidence: What Every Attorney Needs to Know November 14, 2013, presenter, Applying the Rules of Evidence, 2013
  • ATTORNEY AT LAW MAGAZINE KENTUCKY 2013:November 2013 issue: http://digitaleditions.walsworthprintgroup.com/publication/?i=174207Ethics: Take Care of Your Reputation: It's Your Most Valuable Asset by Frank Mascagni III, 2013, Author, Ethics articles, Legal Publication, 2013. November, 2013, Author, Take Care of Your Reputation, Attorney At Law Magazine , 2013
  •  STATEWIDE ARTICLE PUBLISHED IN ATTORNEY AT LAW MAGAZINE 9-6-2013:September/October issue: http://digitaleditions.walsworthprintgroup.com/publication/?i=174207Ethics: Attorney-Client Sexual Relations by Frank Mascagni III, 2013, Author, Ethics: Attorney-Client Sexual Relations, Legal Publication, 2013
  • An article on Legal Ethics will be published in the Attorney At Law Magazine, Kentucky in the July, 2013 edition. Attorney Mascagni wrote and submitted the article he wrote that will be published in the next edition of the statewide magazine; 5000 printed copies and 5000 digital copies online. June, 2013., Author, ETHICS, ATTORNEY AT LAW MAGAZINE (KENTUCKY), 2013
  • July 2013: Attorney Frank Mascagni published an article on legal ethics entitled "A Real Oxymoron: The Honest Lawyer" in the July 2013 publication of Attorney at Law Magazine Kentucky Edition Volume 1, Number 2. A copy of the magazine is available in digital form at http://digitaleditions.walsworthprintgroup.com/publication/?i=167335. July 18, 2013, Author, Ethics: A Real Oxymoron: The Honest Lawyer , Attorney at Law Magazine Kentucky July 2013, 2013
  • NATIONAL BUSINESS INSTITUTE (NBI) LEGAL SEMINAR, LOUISVILLE, KY :Attorney Mascagni invited to speak at a legal seminar in Louisville, Kentucky to be held on November 29, 2012. Written materials due to sponsor by October 9, 2012. Six presenters to cover the topic of EVIDENCE, federal and state law. www.nbi-sems.com., Presenter, Applying the Rules of Evidence: What Every Attorney Needs to Know, National Business Institute (NBI), All Day Legal Seminar 9:00 Am-4:30 Pm, 2012
  • UNIVERSITY OF KENTUCKY SCHOOL OF LAW, LEXINGTON, KENTUCKY: Attorney Mascagni invited to address approximately 50  law students at their LITIGATION FORUM of The Trial Advocacy Board to be held April 18, 2012. Topics: Pretrial Motion Practice and Ethical Considerations prior to Jury Trial. April 18, 2012 at 12:00 p.m. Panel includes Tim Field, Grahmn Morgan and Sara Jean Waggoner, civil litigators from Lexington, Kentucky., SPEAKER, UNIVERSITY OF KENTUCKY SCHOOL OF LAW, LITIGATION FORUM, 2012
  • Author of three ethical articles for the GREATER LOUISVILLE METRO ATTORNEY AT LAW MAGAZINE  for 3 editions: JULY/AUGUST 2011: "A REAL OXYMORON: THE HONEST LAWYER"; SEPTEMBER 2011: "TAKE CARE OF YOUR REPUTATION, IT'S YOUR MOST VALUABLE ASSET"; and NOVEMBER 2011: "ATTORNEY-CLIENT SEXUAL RELATIONS: NOW GOVERNED BY THE KENTUCKY RULES OF PROFESSIONAL RESPONSIBILITY". They appear online at:www.targetmarketmediallc.com., author of a series of legal articles, ETHICS, GREATER METRO LOUISVILLE ATTORNEY AT LAW MAGAZINE, 2011
  • LOUISVILLE, KENTUCKY LEGAL MAGAZINE, JULY 2011: Attorney Mascagni wrote an article on Ethics for the newly published Attorney At Law Magazine, Greater Louisville Metro to be published in the July 2011 edition. It appears in the White Paper Section of this SuperLawyers online resource. July, 2011. Publisher: Anna Barker., AUTHOR OF ETHICS ARTICLE, ATTORNEY AT LAW MAGAZINE, JUly 2011, 2011
  •  BOWLING GREEN,  FLORENCE, FRANKFORT, HOPKINSVILLE, LEBANON, LEXINGTON, LONDON, LOUISVILLE, MOREHEAD, PADUCAH, PIKEVILLE AND SOMERSET, KENTUCKY: Frank Mascagni III to prepare a 1.0 hour CLE presentation for the June, 2011 Summer Video Series to be presented statewide as part of a 3 hour CLE program sponsored by KACDL to be presented at 12 cities statewide: Attorney Mascagni prepared the 94 page written materials and will act as moderator with fellow members of the federal criminal bar : Scott Wendelsdorf, Patrick Bouldin, Scott Cox and David Hoskins.THE PRACTICE OF CRIMINAL DEFENSE LAW IN FEDERAL COURT-2011 UPDATE. www.kacdl.net, SPEAKER AND MODERATOR, KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, 2011
  • ELIZABETH, INDIANA; 24th Annual KACDL Conference and Seminar to be held on November 5, 2010 at the Horseshoe Hotel of Southern Indiana in Elizabeth, Indiana. All day seminar featuring  well known national ( Hon. Stephen B. Bright, The Southern Center for Human Rights)and Kentucky speakers and justices and judges from the KY Supreme Court and the KY Court of Appeals addressing criminal law and  criminal defense topics. Attorney Mascagni scheduled to speak and act as moderator of the  Seven District Vice-Presidents of one section on the all day agenda., Speaker and Moderator, KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, 2010
  • NATIONAL ONLINE GUEST BLOGGER; WASHINGTON, D.C. UNITED STATES SENATE IMPEACHMENT TRIAL : Federal District Court Judge G.Thomas Porteous,Jr. ( Eastern District of Louisiana) was impeached by the U.S. House on March, 2010 with 4 Articles of Impeachment. The suspended federal judge is charged with accepting gifts, lunches, trips, car and home repairs, money from lawyers and bail bondsman, kickbacks from lawyers, lying on his personal bankruptcy pleadings, being a gambler and drunk and lying during his 1994 senate confirmation hearings,etc.  A U.S. Senate 12 member senate trial committee was set up and a trial was held on September 13-21, 2010. Professor Jonathan Turley of George Washington University Law School, www.law.gwu.edu/Faculty/profile.aspx?id=1738  is chief defense counsel for the Judge. Senator Claire McCaskill (D-MO) acted as chair/"judge". The House counsel prosecuted the case, led by Congressman Adam B. Schiff ( D-CA).  The trial lasted 5 calender days. The trial report/record will be prepared  and presented to the full Senate before 11-15-2010 and after a  two hour argument of legal counsel for both sides, the entire U.S. Senate will vote on each Article as currently planned  to be heard before the Thanksgiving recess. It takes 67/100 to convict and to remove Judge Porteous from his office. While the trial was taking place, I acted as guest legal blogger contributing to Jonathan's blog while he was in trial: jonathanturley.org. The trial was covered live on CSPAN and I answered questions and made observations as to various matters of law or trial procedure., September 13-21, 2010, UNITED STATES V. JUDGE G. THOMAS PORTEOUS,JR., PROFESSOR JONATHAN TURLEY'S LEGAL BLOG, JONATHANTURLEY.ORG, 2010
  • ASHLAND, BOWLING GREEN, COLUMBIA, FLORENCE, FRANKFORT, HOPKINSVILLE, LEBANON, LEXINGTON, LONDON, LOUISVILLE, MAYSVILLE, MOREHEAD, OWENSBORO, PADUCAH, PAINTSVILLE, PINEVILLE,  PIKEVILLE AND SOMERSET KENTUCKY: June 2010 KACDL Summer Video Seminars; 1 hour CLE program on FEDERAL AND STATE FIREARMS LAW.  Frank Mascagni, Tom Dyke, AUSA; Jason Butler, ACA. Part of 3 hour CLE program in 18 cities in Kentucky, during June, 2010. www.kacdl.net., Speaker/Moderator, STATE AND FEDERAL FIREARMS LAW, KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, 2010
  • LOCAL, STATEWIDE AND OUT OF STATE PRESENTATIONS ; Have been honored to be invited to speak at various legal seminars and make presentations on legal topics for approximately the last 30 years to grade school, high school, college, law school, young lawyers, practicing lawyers, police officers and judges in: LAS VEGAS, NV; DESTIN, FL; COVINGTON, KY;  ELIZABETH, INDIANA AND LOUISVILLE, KY. Presentations for the KACDL statewide on DVD: ASHLAND, BOWLING GREEN, COLUMBIA, FLORENCE, FRANKFORT, HOPKINSVILLE, LEBANON, LEXINGTON, LONDON, LOUISVILLE, MAYSVILLE, MOREHEAD, OWENSBORO, PADUCAH, PAINTSVILLE, PINEVILLE,  PIKEVILLE AND SOMERSET KENTUCKY., SPEAKER/PRESENTER/AUTHOR, TOPICS: CRIMINAL LAW (STATE AND FEDERAL), CRIMINAL PROCEDURE, PROFESSIONAL RESPONSIBILITY, TRIAL SKILLS AND VARIOUS LITIGATION TOPICS, 2009
  • UNIVERSITY OF LOUISVILLE SCHOOL OF LAW PRESENTER : 10-21-09: Guest speaker at University of Louisville Law School class in NEGOTATIONS ; 3rd and 4th year law students, 2009 Fall semester class. Topic: Civil and Criminal Law negotiations as seen by a practicing criminal defense/plaintiffs attorney and Circuit Court Judge, Charles L. Cunningham, Jr.( as former civil plaintiffs attorney and now as a Judge): Attorney Mascagni to address ABA Standards, real life negotation experiences and Commonwealth of Ky V. Workman, 580 S.W.2d 206 (1979); teacher-Michelle Rudovich., Speaker, UNIVERSITY OF LOUISVILLE SCHOOL OF LAW, 2009
  • CARROLLTON, KENTUCKY: LEGAL PUBLICATION 2009: September 15, 2009:  accepted the invitation of author, Judge Stan Billingsley (Ret.), to write a Preface to his book , "PROSECUTORIAL ACCOUNTABILITY: A study of Our Non-Functioning System to Enforce Prosecutor's Ethics", he recently finished and submitted to his publisher. The book is a legal treatise on the author's research and conclusions regarding the current case law dealing with prosecutor misconduct by the appellate courts and shows the imbalance of power that currently exists in our criminal justice system. His study recommends remedies to restore the constitutional protections that have suffered over the past 40 years. The book is  to be published and available by the end of 2009. www.kentuckylawblog.com.; www.LawReader.com., Author of Preface, PROSECUTORIAL ACCOUNTABILITY, LEGAL PUBLICATION, 2009
  • COVINGTON, KENTUCKY:Speaker addressing new lawyers at THE NEW LAWYER PROGRAM in Covington, KY; ETHICS FROM THE PROSECUTORS AND DEFENSE PERSPECTIVES. Frank Mascagni, III for the defense bar and Jim Lesousky, AUSA for the prosecution. January 15, 2009., SPEAKER, KENTUCKY BAR ASSOCIATION NEW LAWYERS PROGRAM, 2009
  • COVINGTON, KENTUCKY KENTUCKY CIRCUIT COURT JUDICIAL COLLEGE : 10-29-2008: COVINGTON, KY - Speaker to the 2008 Commonwealth of Kentucky Circuit Court Judges College; Topic: Kentucky Revised Statutes, Chapter 218A :on KENTUCKY DRUG LAWS  and work on the Governor's Cabinet Task Force on prison population [Department of Corrections] overcrowding to review and make recommendations to the Cabinet as to legislative changes. Two bills introduced in the Kentucky House and Senate in February, 2011 dealing with the prison population, penal code recommendations, sentencing of drug users, etc., Speaker, 2008 KENTUCKY CIRCUIT JUDGES COLLEGE, 2008
  • LOUISVILLE KENTUCKY ALL DAY SEMINAR ON JURY TRIAL TECHNIQUES : Speaker/Presenter: Trial Techniques For Effective Litigation; June 13, 2008; Speaker:Enhance Your Mastery Of The Verbal And Non-Verbal Communication In The Courtroom; Ethical Considerations; Louisville, KY; National Business Institute., speaker, VERBAL AND NON-VERBAL COMMUNICATION IN THE COURTROOM, 2008
  • LOUIS D. BRANDEIS SCHOOL OF LAW, LOUISVILLE, KY; THE PRACTICE OF CRIMINAL LAW., Speaker/Panel Member, The Practice of Criminal Law , The National Black Law Students Association-University Of Louisville School Of Law, 2008
  • Louisville Bar Association-Leadership Program; panel speaker to young lawyer. Attorney Mascagni to address pro bono opportunties to new lawyers and his experiences. 2007, speaker, 2007
  • LOUISVILLE, KY ALL DAY SEMINAR : Speaker/Presenter: Direct and Cross Examination; Lecture and written materials on the art of DIRECT AND CROSS EXAMINATION IN A TRIAL., Author/Lecturer, The Criminal Defense Trial From Start to Finish, 2006
  • [2006-2008], Speaker, Leadership Academy Program-Louisville Bar Association, 2006
  • Author/Lecturer, Ethical Issues for the Honest Defense Attorney, 2006
  • UNIVERSITY OF LOUISVILLE SCHOOL OF LAW-jury trial practice., Class Speaker, U of L School of Law Trial Practice , 2004
  • Author/Lecturer, Criminal Defense/DUI, 2003
  • UNIVERSITY OF LOUISVILLE SCHOOL OF LAW, Class Speaker, U of L School of Law Criminal Procedure, 2002
  • Author/Lecturer, Strategies in Handling DUI Cases, 2002
  • Author/Lecturer, Defense Strategies and Ethics, 2002
  • Author/Lecturer, Avoiding Bar Complaints: Ethical Issues in Criminal Law for Defense and Prosecution, 2001
  • Author/Lecturer, Ethical Dilemmas in Handling Criminal Cases, 2000
  • Author/Lecturer, Criminal Law in Kentucky, 2000
  • Author/Lecturer, Diogenes' Search Continues, 2000
  • Author/Lecturer, Practical Aspects of Criminal Law, 2000
  • Author/Lecturer, Ethical Issues for the Criminal Law Practitioner, 2000
  • Author/Lecturer, Ethical Considerations in the Practice of Criminal Law, 2000
  • Author/Lecturer, Legal Ethics, 1997
  • SEMINAR IN COVINGTON, KENTUCKY on CRIMINAL LAW PRACTICE IN STATE COURTS : audience-judges, attorneys and law enforcement officers., Author/Lecturer, Bench, Badge and Bar, 1996
  • Author/Lecturer, How to Find the Courthouse, Louisville Bar Association, 1994
  • Author/Lecturer, Ethics in Criminal Practice, 1993
  • Author/Lecturer, Ethics: Our Continuing Obligation, 1993
  • Author/Lecturer, Ethics, 1993
  • Author/Lecturer, Ethics, 1992
  • Author/Lecturer, It is Easier to Prevent Ill Habits Than to Break Them, 1992
  • Author/Speaker, Diogenes: In Search of an Honest Man, 1992
  • Author/Lecturer, Common Pitfalls in the Practice of Law, 1990
  • Author/Lecturer, Practical and Ethical Considerations, 1989
  • UNIVERSITY OF LOUISVILLE UNDERGRAD COURSE : Attorney Mascagni was invited to speak at a class at the Southern Police Institute (SPI) at  The University Of Louisville on the topic of criminal law and the practice of law  in the real world. Students included future law enforcement officers and civil employees related to policing., GUEST SPEAKER, PRACTICE OF CRIMINAL LAW
  • KENTUCKY BAR ASSOCIATION ANNUAL CONFERENCE : Speaker to Kentucky Bar Association Annual Convention, Louisville, KY:  ETHICS AND PROFESSIONAL RESPONSIBILTY.
  • KENTUCKY ANNUAL PROSECUTORS CONFERENCE : Only criminal defense attorney speaking at the annual prosecutors conference on PROFESSIONAL RESPONSIBILTY AND ETHICS THAT GOVERN PROSECUTORS Invitation by the Hon. Benham Sims, author of book on prosecution of DUI cases in Kentucky., Speaker, Kentucky Prosecutors Annual Conference
  • UNIVERSITY OF LOUISVILLE UNDERGRAD COURSE to give undergrads an overview about law school and the practice of law., Guest Speaker, University of Louisville-Business Law course
  • LAS VEGAS, NEVADA: Speaker at legal seminar on the topic of Ethics and the Practice of Criminal Law in Kentucky., Presenter
  • DESTIN, FLORIDA: United States Magistrate Judge Clev Gambill and Frank Mascagni, III were co-presenters to the attendees on the topic of CRIMINAL LAW AND PROCEDURE at the 3 day seminar., Speaker/Presenter, CRIMINAL LAW PRACTICE, KENTUCKY ASSOCIATION OF TRIAL ATTORNEYS [KATA]

Verdicts and Settlements:

  • 4-23-2014: JEFFERSON FAMILY COURT :Post Judgment Relief Motion Hearing/Trial in Jefferson Family Court : Mullins vs. Mullins.   09-CI-500709   • COURT TRIAL scheduled for 04/23/2014 09:00 AM in room FC06 with HON. JERRY J. BOWLES; Scheduled for a bench hearing/trial. Attorney Masagni represents the Respondent  who contests the Petioner's modification of an agreed upon maintance agreement of 11-1-2010. Legal issues: KRS 403.250, 403.180, Woodson v. Woodson,338 SW3d 261 ( Ky. 2011), res judicata, finality,Summary Judgment, CR 60.02, appeal of final judgment,contract law,equity and unclean hands doctrines,etc. Judge Jerry Bowles is the presiding Judge.Marcia L. Sparks attorney for the Petitioner. Pretrial Briefs filed 4-16-2014.  One day trial held 4-23-2014, attorney Mascagni arguments for summary judgment ruled timely but overruled, but  allowed to be revisted in final briefs following proof., 2014
  • JEFFERSON DISTRICT COURT TRIAL: Commonwealth of KY vs. Lindsay Dudgeon, case no. 13-T-056388, Courtroom 303, DUI, First, with aggravator (.19%); Matter set for trial at 9:00 a.m. 3-13-2014 before Judge Stephanie Burke. Defense counsel filed 4 pretrial motions: claimed violation of "2 hour" testing timeframe per KRS 189A.010, Motion In Limine per KRE 103(d) and 106 challenging admissibility of video tape at the breath lab, Motion to Dismiss for failure to establish operation or physical control and Motion to Dismiss for lack of jurisdiction. Matter conferenced with Assistant County Attorney and resolved by amendment to a traffic violation of Reckless Driving, $100.00 fine, court costs of $134.00 (credit time served) and case remanded from the docket., 2014
  • JEFFERSON DISTRICT COURT JURY TRIAL: Began a two day six member jury trial in Commonwealth of Kentucky v. Troy Gray, 09-T-057690, Division 304; four charges: DUI (.11%), Speeding 18 mph over, Reckless Driving and Disregarding a Traffic Control Device. Judge Eric Haner; Assistant County Attorney Ben Wyman. Pretrial Motions, Motions In Limine, Voir Dire, Jury selection and Opening Statements in first day. Proof to begin tomorrow. 2-27-2014. Day #2:  Defense motions to supress statements and actions based on lack of Miranda warnings- over ruled by trial judge; Commonwealth puts on arresting officer and breath tech;  defense challenges operator and reliability of the machine; defense puts on defense witness and the defendant.  Defense closing arguing science, the machine, reasonable doubt. Jury out one hour : NOT GUILTY on DUI (.115%)and two traffic offenses; guilty on last traffic offense, $20.00 fine. Jury discharged. Good defense verdict. 2-28-2014., 2014
  • U.S. DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES Administrative hearing held on February 25, 2014 : Attorney Mascagni represented his client ( a firearm licensee) at a Revocation Of Federal Firearms License  Hearing defending his client against claimed violations by the US of 27 CFR Part 478.73 and  923(e) of Title 18, U.S.C. Hearing Officer Michael Reilly, Louisville ATF Division Counsel Mark J. Lowney. Two and one half  hour hearing of witnesses testimony, hearing exhibits  and legal arguments of counsel. Decision expected in 6-8 weeks. February 25, 2014, 2014
  • JEFFERSON CIRCUIT COURT: COMMONWEALTH OF KY VS. M.B.; case resolved by a plea agreement between the parties on 2-24-2014 before Judge Mitch Perry. Client received a probated sentence for 5 years. Former Bardstown teacher takes plea deal in rape case 2/24/2014, 2014
  • BULLITT DISTRICT COURT ( Shepherdsville, Kentucky): Commonwealth of KY vs. Larry Tyson- case set for a pretrial conference before Judge Rebecca Ward on 2-5-2014, prior to the jury trial set for February 12, 2014 at 10:00 a.m. Attorney Mascagni filed a written pleading to dismiss the charge of CDL DUI based on the definition of a CMV ( Commerical Motor Vechile) under state and federal authorties was Granted and that charge was dismissed. Another charge of KRS DUI-First Offense(.09) was the subject to a motion to dismiss based on an asserted violation of the statutory requirement of 20 minute observation by the BA tech was Granted by the judge after review of the BA lab video tape, and that charge was dismissed.  Third charge of violations of the federal CFRs was dismissed as well. February 7, 2014., 2014
  • COMMONWEALTH OF KY V. MICHAEL WALLS: Suppression hearing held 1-9-2014 before Circuit Court Judge Olu Stevens, Circuit Court Six. Issue: does an "alert" by a drug sniffing dog equal probable cause to secure a search warrant for a storage unit? Storage unit on private property, locked with defendant's pad lock, enclosed by brick walls, fence with barbed wire, with access gained by passcode entry only; ruling epected by trial court opinion to be rendered in view of U.S. SupremeCourt opinion in 3/2013 in Frordia v. Jardines.   Florida v. Jardines, 569 U.S. ___ (2013), is a decision by the United States Supreme Court which held that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, and therefore, without consent, requires both probable cause and a search warrant. In the case before it the Court ruled that police violated the Fourth Amendment rights of a homeowner when they led a drug-sniffing dog to the front door of a house suspected of being used to grow marijuana., 2014
  • JEFFERSON DISTRICT COURT, LOUISVILLE, KENTUCKY: Commonwealth of KY vs. Charles Wheeler: http://www.wlky.com/news/local-news/louisville-news/LMPD-officer-charged-with-assault-after-attack-at-nightclub/16907282#.UwvM5MOJqQ8.email 3 day jury trial of police officer charged with Assault IV. 6 person jury found the defendant not guilty. J.P. Ward, Assistant County Attorney; Steve Schroering defense counsel; Frank Mascagni represented two witnesses; Judge Erica Williams, Judge Jefferson District Court. Verdict returned 8-1-2013. August 1, 2013, 2013
  • JEFFERSON CIRCUIT COURT: Commonwealth of Kentucky v. Robert Arthur, Case No. 11-CR-001867. Client charged in 2011 with Trafficking In A Controlled Substance, First Degree, cocaine, Enhanced, Receiving Stolen Property (Firearm), Trafficking In Marijuana Enhanced and Excessive Window Tinting: pretrial motions and competency evaluation resulted in a DISMISSAL of all charges on 12-6-2013 by presiding Judge Susan Schultz Gibson, Circuit Court, Divion 12. Assistant Commonwealth Attorney: Mark S. Baker. December 6, 2013, 2013
  • COMMONWEALTH OF KENTUCKYS V. RICKEY MOON, JR., RICKY MOON, SR., TIERRA WARRICK, CRAIG L. GREENLEE, DEANDRE JONES, JESSICA OWENS AND ANTONE HEATH, JEFFERSON CIRCUIT COURT CASE NUMBER 12-CR-3091, Division 1, Judge Barry Willett, set for jury trial 10-14-2013. l Charges: Engaging in Organized Crime-Criminal Syndicate, Complicity to Trafficking In A Controlled Substance I-cocaine, Tampering With Physical Evidenece and Complicity to Trafficking In Marijuana. Prosecutor: Mark Baker. Attorney Mascagni for Rickey Moon, Jr. made Pretrial Motions to dismiss on the morning of jury trial:claimed violations of court orders relating to discovery deadlines, violations of local rules of practice,late discovery, non-disclosure of exculpatory evidence, etc. Arguments made and Court took motion under submission and will rule by written opinion by 12-16-2013 at 2:00 p.m.   http://www.wdrb.com/story/19744707/slideshow-seven-arrested-at-alleged-drug-ring-near-algonquin-park#.Ul81gljvs7M.email, 2013
  • KENTUCKY SUPREME COURT: Attorney Mascagni hired to appeal a conviction from Hancock Circuit Court. Commonwealth of Kentucky vs. Kevin Wayne Johnson. Client convicted after a jury trail of several felony drug cases and as a Persistent Felony Offender I. Jury trial was held on February 4-5, 2013. Defendant sentenced to 23 years.  Commonwealth Attorney-Timothy R. Coleman; Defense trial attorney- J. Stewart Wheeler. Appeal to the Kentuck Supreme Court: Supreme Court of Kentucky No. 2013-SC-000361-  KEVIN WAYNE JOHNSON, APPELLANT, Appeal from Hancock Circuit Court, Honorable Ronnie C. Dortch, Judge                                                      Case No. 10-CR-00038. APPELLANT BRIEF due 10-11-2013 seeking reversal on trial errors dealing with KRE 404(b) admissions, and other claimed trial errors. Requested oral argument before the Kentucky Supreme Court. October 11, 2013. Brief filed October 10, 2013., 2013
  • — LOUISVILLE, KY: JEFFERSON CIRCUIT COURT: DEATH PENALTY CHARGED MURDER CASE; Commonwealth of Kentucky vs. Maurice Vallentine: 03-CR-1746; Litigation in it's 10th year; Competency Hearing held June 10, 2013 before Judge McKay Chauvin (replacing Judge Thomas Wine), Division 8: Client charged with Capital Murder and other felonies from 2003. Client being held at Central State Hospital pending ruling by the trial court as to his competency to stand trial. Gary Siemens, co-counsel; Ryane Conroy, Assistant Commonwealth Attorney (replacing David Lewis). Court ruled 8-23-2010 that client was incompetent to stand trial and committed to Central State Hospital for 360 day inpatient stay. Competency evaluation 2011 and 2012: Judge McKay Chauvin held 2 part hearing resulting in the Court declaring the client incompetent to stand trial and recommiting him to Cental State Hospital for another 360 day commitment. Judge Chauvin ruled today, June 11, 2013, that the client was incompetent to stand trial,  rejecting the recommendations/findings from the Kentucky Correctional Psychiatric Center(KCPC) declaring him competent to stand trial. , 2013
  • SIXTH CIRCUIT COURT OF APPEALS, CINCINNATI, OHIO: attorney Mascagni and co-counsel Micahel Mazzoli, Esq. filed their Reply Brief on 3-22-2013 in: Case Name: USA v. James Rogers Case Number:   12-6352 Appeal from a plea reserving the right to appeal the sentence imposed in a criminal federal case in KY. 3-22-2013, 2013
  • ADMINSTRATIVE LAW HEARING BEFORE LOCAL ABC JUDGE: Attorney Mascagni represented the ABC licensee in a 4 hour administrative hearing before Judge Paul Vissman on allegations of violations of ABC laws spanning 6 months. Crossed 4 ABC/LMPD offcers alleging violations of underage drinking, possession of drugs and firearms on the premises, after hour drinking, presence of marijuana, improper sign and license displays, etc. Dozens of counts, many recommended dismissed by Hearing Officer. Tuesday, 3-19-2013 at 1:00 p.m. in Louisville, Jefferson County, Kentucky at 514 West Liberty Street, Multipurpose Courtroom., 2013
  • COMMONWEALTH OF KY V. Herbert E. Lee and Charles T. Young, Jefferson Circuit Court, Division One, Case No. 12-CR-2095; Co-defendants charged with Receiving Stolen Property Over $10,000.00, Class C felony (5-10 years) settled by attorney Mascagni on 3-12-2013 by entry of a plea to a conditionally discharged misdemeanor of possession of marijuana, felony count dismissed, on behalf of his client, Charles Young. March 12, 2013 before Judge Barry Willett. Local television station WLKY, Channel 32 reports: http://www.wlky.com/news/local-news/louisville-news/Man-who-killed-4-teens-takes-plea-in-2nd-stolen-car-case/-/9718340/19283040/-/osvrrkz/-/index.html#.UT9xm7q1y3s.email Story on local television:http://www.wdrb.com/story/21584423/lee-headed-to-prison-for-three-years#.UT_40IQo3Cg.email, 2013
  • SIXTH CIRCUIT COURT OF APPEALS: 1-10-2013: Filed brief with the 6th Circuit Court of Appeals in Cincinnati, OH : Case No. 12-6352, USA vs. James Johnathan Rogers from a conditional plea entered before District Court Judge Karen K. Caldwell, Eastern District of Kentucky appealing an adverse ruling on a suppression issue. Co-counsel, Michael R. Mazzoli of Cox & Mazzoli PLLC., 2013
  • COMMONWEALTH OF KENTUCKY ALCOHOLIC CONTROL BOARD FRANKFORT, KENTUCKY: Attorney Mascagni was successful in his appeal of a local ABC ruling denying his client a 2:00-4:00 a.m. license. After the denial, 942 Baxter, appealed to Frankfort, KY; oral arguments on September, 2, 2011 and written order received on November 2, 2011 by 3 judge panel Reversing and Granting the license. Administrative panel was 3-0 in favor of Mascagni's client. November 2, 2011., 2011
  • LOUISVILLE, KENTUCKY ALCOHOLIC BEVERAGE CONTROL BOARD ADMINISTRATIVE HEARING: attorney Mascagni was successful in getting citation dismissed before the hearing on behalf of his client, Win Place and Show Bar. Client charged with bootlegging at hearing scheduled for 11-15-2011. Administrative Law Judge Paul Vissman; Jefferson County prosecutor, Larry Osterhag; ABC Administrator, Glenn Smith. 11-15-2011., 2011
  • LOUISVILLE, KENTUCKY FOUR DAY JURY TRIAL- JEFFERSON CIRCUIT COURT, DIVISON 6: COMMONWEALTH OF KENTUCKY VS. DANTE WATTS, SR: Cases numbered 09-CR-03708 and 11-CR-1696. Judge: Olu Stevens, Prosecutor : Frank Dahl. Client charged with complicity to traffic in cocaine with a  handgun, complicity to traffic in cocaine with a handgun within 1000 yards of a school and complicity to traffic in marijuana under 5 pounds with a handgun. Second indictment charging status offender as PFO-I (Persistent Felony Offender):  client's exposure :20 years to Life. Opening by prosecutor claims approx. 7 pounds of powder cocaine, crack cocaine [over 1888 grams total] and marijuana, handgun, baggies, and ammo and over $40,000.00 in cash, scales, etc., seized. 4 day scheduled jury trial. Voir dire on 6-27-2011; openings 6-28-2011 and 4-5 witnesses called by the government. Total of 12 witnesses called by the prosecutor. 7 year offer rejected by client. More government proof scheduled 6-29-2011, the defense offered no proof during it's case in chief. Closings set for 6-30-2011. Attorney Mascagni lead counsel for the defense, co-counsel Jason Butler. Jury out 3.8 hours and returned a verdict of NOT GUILTY ON ALL SIX VERDICT FORMS , substantive, enhanced and as an alleged complicitor. It was a good defense verdict. June 30, 2011. =================================================INSTRUCTIONS READ BY THE COURT AND DEFENSE COUNSEL'S CLOSING ARGUMENTS IN 6 PARTS  POSTED ON YOU TUBE 8-11-2011:  PART 1: http://youtu.be/mgeYo5tkadQ ==========PART 2: http://youtu.be/IRlvivW_VYQ  =========== PART 3: http://youtu.be/fyP42C0L3OI   =============PART 4: http://youtu.be/IPIVpKhofu4  ==============PART 5: http://youtu.be/VX7Fle2i1qo ================ PART 6: http://youtu.be/hZmQ-oC20nE  , 2011
  • UNITED STATES SUPREME COURT [ FIRST AMENDMENT CIVIL APPEAL]; JEFFERSON CIRCUIT TRIAL COURT; COMMONWEALTH OF KY COURT OF APPEALS; KENTUCKY SUPREME COURT: 2-13-2009 10:00 a.m. : Oral Arguments before the Kentucky Supreme Court: Blue Movies, Inc., et. al. V. Louisville/Jefferson County Metro Government; 2007-SC-812-DG; 317 SW 3d 23 (Ky. 2010). First Amendment, Adult Entertainment; Twenty-First Amendment; Appeal from Jefferson Circuit Court, Louisville, Jefferson County, KY where businesses challenged the local Metro Council Ordinances governing adult entertainment; appealed to the Kentucky Court of Appeals; Writ to the Kentucky Supreme Court; Frank Mascagni, III co-counsel for some of the Movants. Opinion forthcoming from the Kentucky Supreme Court. KY Supreme Court opinion issued April, 2010, motion to reconsider pending June, 2010. KY Supreme Court denied our motion for reconsideration, August, 2010. ==================================================================  No. 2007-DV-000012-DG. - BLUE MOVIES INC VI TBC II III IV LLL VI ... Apr 22, 2010 – Charles Michael Hatzell, Hatzell & Groves, David Stuart Stevenson, Smith & Helman, Edward Brian Davis, Paul S. Gold, Frank Mascagni III, ...caselaw.findlaw.com/ky-supreme-court/1519742.html - Cached ==================================================================== We will appeal to the U.S. Supreme Court, requesting a writ of cert. Extension granted, pleading due January, 2011. Writ to be filed with U.S. Supreme Court by 1-23-2011 by co-counsel Lou Sirkin. Application 10A495.The Courier-Journal newspaper in Louisville, KY reported in a published story on 1-10-2011: Louisville strip bars say no-nudity law could shut them down | courier-journal.com | The Courier-Jou www.courier-journal.com Operators of adult businesses in Louisville are pinning their last hope on an appeal to the U.S. Supreme Court in a seven-year battle with the city over a no-nudity ordinance they say would put them out of business. Local television story of 1-25-2011 on WHAS 11:No-nudity ordinance enforcement to start soon; fight continues. No-nudity ordinance enforcement to start soon; fight continues www.whas11.com 1-25-2011: WHAS 11 television story on our filing a Writ of Cert. to the U.S. Supreme Court to review the KY Supreme Court Opinion upholding the newest Metro Council ordinances on adult entertainment restrictions.  http://www.whas11.com/news/No-nudity-ordinance-enforcement-to-start-soon-fight-continues-114603109.html.LOUISVILLE, KY LOCAL TV STATION WAVE 3 INTERVIEW OF FRANK MASCAGNI ON THE CITY'S ENFORCEMENT OF LOCAL ADULT ENTERTAINMENT ORDINANCES aired February 7, 2011: Enforcement of no nudity ordinance begins - WAVE 3 News - Louisville, Kentucky http://www.wave3.com/story/13986985/enfo... Latest Louisville breaking news, headlines, weather, and sports. Kentucky local TV news and more from NBC local affiliate in Louisville, Kentucky, WAVE 3. WRIT filed before 1-23-2011 with the United States Supreme Court by Cincinnati office of Lou Sirkin, co-counsel for adult entertainment applicants. Supreme Court denied the petition for a Writ of Cert. in March, 2011. New citations issued March, 2011. Set for hearings in June, 2011 Jefferson District Court, Felony-Misdemeanor Division 304., 2011
  • UNITED STATES OF AMERICA VS. CURRY, ET.AL,  Case 1:09-cr-00026-TBR -ERG, WESTERN DISTRICT OF KENTUCKY AT BOWLING GREEN, KY: 30 co-defendant drug conspiracy case set for jury trial 2-1-2011 before Judge Thomas Russell. Advised this is the biggest drug conspiracy case in the history of the Western District of Kentucky federal jurisdiction. Attorney Mascagni represents Chad Bridgewaters, one of the co-defendants; AUSA David Weiser.Case settled by plea agreement before jury trial began. Sentencing set for July, 2011, Bowling Green, KY., 2011
  • UNITED STATES SUPREME COURT OPINION: January, 2011. Writ of Cert. filed with U.S. Supreme Court by 1-23-2011 by co-counsel Lou Sirkin. Application 10A495. Petitioners requested that  the Court review the Kentucky Supreme Court decision of 2010 holding that the local Louisville Ordinances on adult entertainment were constitutional. March, 2011 the U.S. Supreme Court denied the Writ., 2011
  • March 31, 2011: LOCAL TELEVISION WDRB FOX 41 INTERVIEW OF ATTORNEY MASCAGNI: Several strip clubs cited under Louisville's new adult ordinance - FOX41.com . LOCAL TELEVISION WDRB FOX 41 NEWS STORY 3-31-2011, CHRIS WRIGHT INTERVIWED ATTORNEY FRANK MASCAGNI FOR THE 10:00 P.M. NEWS Several strip clubs cited under Louisville's new adult ordinance - FOX41.com Louisville News Kentuck www.fox41.com The Department of Codes and Regulations says there has yet to be any major violations., 2011
  • KENTUCKY STATE COURT JURY TRIAL SCHEDULED 3-14-2011, Jefferson Circuit Court, Indictment No. 10-CR-2012, Division 4: Commonwealth of Kentucky vs. Dante Watts, Sr., charged with Kidnapping (20-50-Life), Assault I (10-20), Burglary II, Fleeing or Evading Police I, Fleeing or Evading Police II, and Presistent Felony Offender I (max. Life). Judge Charles L. Cunningham, Jr., prosecutor Frank Dahl. Pretrial motions filed, settlement negotiations on the day of trial, prior to jury selection, resulted in Plea to amended charge of Assault II- 7 years @ 20% parole eligibilty and all other charges DISMISSED., 2011
  • LOUISVILLE, KY: JEFFERSON CIRCUIT COURT: DEATH PENALTY CHARGED MURDER CASE; Commonwealth of Kentucky vs. Maurice Vallentine: 03-CR-1746; Litigation in it's 8th year; Competency Hearing held 8-16-2010 before Judge McKay Chauvin (replacing Judge Thomas Wine), Division 8: Client charged with Capital Murder and other felonies from 2003. Client being held at Central State Hospital pending ruling by the trial court as to his competency to stand trial. Gary Siemens, co-counsel; Ryane Conroy, Assistant Commonwealth Attorney (replacing David Lewis). Court ruled 8-23-2010 that client was incompetent to stand trial and committed to Central State Hospital for 360 day inpatient stay. Competency evaluation 2011 and 2012: Judge McKay Chauvin held 2 part hearing resulting in the Court declaring the client incompetent to stand trial and recommiting him to Cental State Hospital for another 360 day commitment. 2012., 2010
  • UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE: UNITED STATES VS. MICHAEL McCARTHY, et. al.: Superseding Indictment naming 26 co-defendants returned:"The largest cocaine ring in Louisville history" says federal officals. Approximately $4,000.000.00 in cash seized, 50 kilograms of cocaine and weapons per the DEA and ATF. The government alleges the movement of 100 kilograms per month into Louisville from CA and Mexico. Attorney Frank Mascagni, III is counsel for the alleged leader of the drug organization and plead not guilty today in federal court, 6-22-2010. Further proceedings in August, 2010. Federal Judge Simpson, AUSA Scott Davis. Futher proceedings set in 2011.============================================================= PDA View Full Version : Michael Mccarthy Jr. Blew It   Kufismacka June 22nd, 2010, 06:52 PM EXCLUSIVE: Feds bust Louisville drug cartelLOUISVILLE, Ky. (WDRB Fox 41) -- Federal officials tell Fox 41 News that they've broken up the largest cocaine ring in Louisville history...Now, in a story you'll see only on D'D, federal agents explain how an investigation that involved the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco and Firearms, the U.S. Marshals and the U.S. Attorney's Office is leading the prosecution of a Louisville drug cartel that involved over $3.5 million in cash, 40 kilos of cocaine, weapons and at least 26 suspects.Money, drugs and enough firepower to fight a small war: federal agents say it was all in the hands of some of these men.This was one of the largest cocaine distribution organizations in Louisville history," said Thomas Gorman, a spokesman for the Drug Enforcement Agency (DEA). "The organization was capable of moving a hundred keys of cocaine every month and they did this for the last two years."...The Bureau of Alcohol Tobacco and Firearms (ATF) also took down a small arsenal of weapons and believe -- without question -- that these suspects would have used them....And according to authorities, there was a lot to protect. They say the images to the right of this story demonstrate the amount of cash and cocaine they were trying to protect."At one point during this investigation we became aware of a car that was moving a large amount of money," said Gorman. "We stopped that vehicle and found $3.5 million inside the vehicle."Louisville attorney Frank Mascagni III represents the alleged ring leader and says he doesn't fit the profile of someone who is the head of a drug cartel."Those are the allegations by the United States," Mascagni said. "If you met Mike, you would think that he's just a real nice...soft spoken young man.""It is shocking that a man this age with no prior criminal record is alleged to be ... such a prolific possessor in distributor of narcotics," Mascagni added....http://www.fox41.com/Global/story.asp?S=12690477 , 2010
  • UNITED STATES VS. SPENCER REINHART, ET. AL. United States District Court, Eastern District of Kentucky at Lexington, Kentucky. Attorney Mascagni represented one of 4 co-defendants charged in federal court with the theft of valuable books from the library at Transylvania College in Lexington, KY. in December, 2004.  All cases were settled pretrial prior to jury trial. Federal Judge: Jennifer Coffman. One of the co-defendants, Chas Allen, wrote and published a book " MR. PINK The Inside Story of The Transylvania Book Heist" in 2010. A review appears in the White Paper Section of this  Superlawyers resource., 2010
  • COMMONWEALTH OF KENTUCKY VS. LARRY WHITE, DEATH PENALTY CASE: Jefferson Circuit Division 2, Case Number 07-CR-004230, Judge James Shake. Client charged with rape and murder, the prosectors are seeking the death penalty. Assistant Commonwealth's Attorneys are Mark Baker and Tom Van De Rostyne. Pretrial conference set in March, 2011. Client currently serving a 15 year sentence on an unrelated case. Status conference set for 3-23-2011. Further proceedings in May, 2011., 2010
  • KENTUCKY TRIAL COURT:DEATH PENALTY JURY TRIAL; 1-30-2009: Began defense of Commonwealth of Kentucky vs. Francois Cunningham, Case Number 05-CR-003713; a 2005 indictment charging 2 counts of murder, arson, tampering with physical evidence and persistent felony offender in the second degree; prosecutors, Ryane Conroy and Jason T. Butler are seeking the death penalty.Defendant charged with shooting and burning two individuals and their vehicle.  Individual voir dire to finish 2-5-09 and final jury selection to be completed 2-6-09; prosecutor's proof to begin 2-9-09; case expected to continue 2-3 more weeks. Judge Irv Maze, Jefferson Circuit Court, Division 10, Louisville, Jefferson County, KY. Closing arguments scheduled for 2-23-09. Jury verdict after 18 hours: Hung. Defense motion for a mistrial granted after "Allen charge". Mistrial declared late 2-24-2009 by trial judge.Post mistrial discussions with excused jury:the vote was: 3-NOT guilty;1 guilty and 8 undecided. Five calender week trial: January 30,2009-February 24, 2009; approximately 40 witnesses called and 212 marked exhibits; approximately 1500 pages of discovery filed. Case settled on a plea to reduced charges of Manslaughter, etc. for a total of 10 years to serve @ 20% parole eligibility 11-23-2010. Credit time served, client immediately eligible for parole. See story on FOX41 local television:http://www.fox41.com/global/story.asp?s=13564952; Follow up story on FOX 41, local television of 12-14-2010: Murderer's testimony could free him soon - FOX41.com Louisville News : Louisville News Kentucky and Indiana Francois Cunningham murders plea deal Fox 41.:http://www.fox41.com/story/13672297/2010/12/14/convicted-killer-could-be-a-free-man-soon, 2010
  • UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF KENTUCKY, AT LOUISVILLE, KY : JURY TRIAL ; After an very extensive pretrial pleading practice ( 2009-2010) and hearings, approximately 8,000+ pages of discovery, the jury trial began on 2-17-2010 in US vs. Daniel Parker, Dean Toth, et. al., [14 named co-defendants] in an alleged V.A. fraud conspiracy, almost $2 million claimed as loss, in case # 08-CR-000133;  AUSA David Weiser and Rob Kilmartin for the U.S.; co-counsel Jerry J. Cox from Mt. Vernon, KY ; 5 count indictment; charges- Conspiracy false claim, bribery, laundering, structuring and false statements. Trial to last 5-6 days. Federal judge Coffman, Chief Judge of the Eastern District of KY. Jury selected and opening statements given and proof began on 2-18-2010. On the third day of trial, a settlement was reached and jury was excused. Sentencing set for May, 2010. Pre-sentencing motions filed, hearing set for September, 2010. Defendant sentenced to 21 months, appeal pending at the 6th Circuit Court of Appeals in Cincinnati, OH., 2010
  •  August 4, 2009: KENTUCKY STATE TRIAL COURT: Commonwealth of Ky vs. Duane T. Bartlett, Jefferson Circuit Court, Division 13, Judge Fred Cowan; Prosecutor Evan Spalding; Case No. 08-CR-001096: set for trial by jury on August 4, 2009: client charged with Possession of a Handgun by a Convicted Felon (4 counts, carrying a penalty of 5-10 years each), Trafficking in Marijuana while in Possession of a firearm, and Possession of Drug Paraphernalia while in possession of a firearm, 6 felony charges. Pretrial written motions filed and negotiations continued resulting in a plea to the counts for a total sentence of 5 years probated for 5 years. August 4, 2009., 2009
  • KENTUCKY STATE TRIAL COURTS: Attorney Mascagni has defended 4 death penalty charged homicide cases in the last 12-18 months: Commonwealth vs. Alvin Griffin, 05-CR-03651 [settled for 10 years]; Commonwealth vs. Cunningham, 05-CR-003713,tried in 2009, hung, new trial in 2010 [ settled in 2010 for 10 years at 20% parole eligibilty]; Commonwealth vs. Vaughn, 08-CR-001443 [settled for 20 years] and Commonwealth vs. Vallentine, 03-CR-001746, pending ( client found incompetent on 8-23-2010) ; 2 settled for a term of years, one tried (jury hung and then settled for 10 years) and one pending another competency hearing set for August, 2011, where death has been removed as a penalty.2008-2009., 2009
  • KENTUCKY TRIAL COURT:DEATH PENALTY JURY TRIAL; 1-30-2009: Began defense of Commonwealth of Kentucky vs. Francois Cunningham, Case Number 05-CR-003713; a 2005 indictment charging 2 counts of murder, arson, tampering with physical evidence and persistent felony offender in the second degree; prosecutors Ryane Conroy and Jason T. Butler are seeking the death penalty.Defendant charged with shooting and burning two individuals and their vehicle.  Individual voir dire to finish 2-5-09 and final jury selection to be completed 2-6-09; prosecutor's proof to begin 2-9-09; case expected to continue 2-3 more weeks. Judge Irv Maze, Jefferson Circuit Court, Division 10, Louisville, Jefferson County, KY. Closing arguments scheduled for 2-23-09. Jury verdict after 18 hours: Hung. Defense motion for a mistrial granted after "Allen charge". Mistrial declared late 2-24-2009 by trial judge.Post mistrial discussions with excused jury:the vote was: 3-NOT guilty;1 guilty and 8 undecided. Five calender week trial: January 30,2009-February 24, 2009; approximately 40 witnesses called and 212 marked exhibits; approximately 1500 pages of discovery filed. New jury trial date to be set in 2010., 2009
  • EVANSVILLE, INDIANA: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA, AT EVANSVILLE : United States vs. Martinez-Palmero, et. al. Case Number 3:07-cr-42; 19 codefendants charged with conspiracy to possess with intent to distribute over 500 grams of meth. The U.S. asserts that the conspiracy was for 19,538 grams of mixture or substance containing a detectable amount of methamphetamine. James Matthew Ervin was one of the 19 indicted. Penalties are mandatory minimum of 10 years; one prior felony drug conviction-20 years; 2 prior felony drug convictions-mandatory life sentence. Jury trial date set for October 5, 2009. Federal Judge Richard Young; Assistant United States Attorney: Matthias D. Onderak. Case settled one week before trial; plea to be entered on October 7, 2009. Plea agreement for 16 years. Sentencing now scheduled for March, 2010. Client sentenced to 16 years @ 85%., 2009
  •  July 6, 2009: COMMONWEALTH OF KENTUCKY STATE COURT:DEATH PENALTY CHARGED MURDER CASE:  7-6-09: Commonwealth of Ky vs. LaJuan L. Vaughn, et. al., Jefferson Circuit Court, Division 11, Judge Geoff P. Morris: Mascagni served as counsel pursuant to the Assigned Counsel Plan of the local Public Defenders Office; client charged with Murder-death penalty [ death, life, life without parole, life without parole for 25 years,a term of years 20-50 years]; Attempted Murder ( 2 counts), Robbery I (3 counts) and Assault I ( 2 counts) along with 2 co-defendants. Case settled 4 days before jury selection for a total of 20 years to serve pursuant to a plea agreement to 6 counts. 3 young men were shot with a handgun, one died and 2 injured. Mark Baker, Assistant Commonwealth's Attorney was one of the state's prosecutors. Sam Manly acted as co-counsel for defendant Vaughn., 2009
  • UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF KENTUCKY: USA VS. ADRIAN HAMILTON, DECORICK CURRY AND EARL WILSON; CASE NO. 03:09-cr-00002-TBR: jury trial set November 16, 2009. Charges: Aiding and Abetting possession with intent to distribute large quantities of "crack" cocaine, powder cocaine and marijuana. The U.S. was prepared to offer 370.66 grams of cocaine base, 305.3 grams of cocaine and 197 grams of marijuana. Chief Judge Thomas Russell; AUSA Jo E. Lawless;client exposed to a mandatory life sentence if 851 Notices filed pretrial. Pleading practice and negotitations resulted in a settlement of 10 years @ 85% on 11-10-09. NOVEMBER 10, 2009. Sentencing set for March, 2010., 2009
  •  July 30, 2009: KENTUCKY STATE TRIAL COURT : Commonwealth of KY vs. Melissa Ash, Jefferson Circuit Court, Case No. 07-CR-003948, Division 11, Judge Geoff Morris; local attorney charged with 2 felony charges of Impersonating A Peace Officer and Wanton Endangerment I set for jury trial on July 30, 2009. Pretrial written motions filed, further negotiations took place while jury was called and case was settled on pleas to two class A misdemeanors with client receiving a 12 month probated sentence on this criminal prosecution. July 30, 2009., 2009
  • KENTUCKY TRIAL COURT: May 12, 2009: Commonwealth of Kentucky vs. Robert Keesaer, et al, Case Number 07-CR-003687-001;Jefferson Circuit Court,Division 8: 4 felony counts of Receiving Stolen Property over $300.00 [class D felony 1-5 years per count] dismissed on the day the jury trial was scheduled. Judge McKay Chauvin, Frank Mascagni III counsel for the Defendant., 2009
  • KENTUCKY TRIAL COURT : Commonwealth of Kentucky vs. Pizzonia, Todd & Williams, Jefferson Circuit Court Case No. 07-CR-003364, 2007 Indictment-19 counts of Theft By Unlawful Taking and Receiving Stolen Property [Class D Felonies: 1-5 years per count]; set for Jury Trial 6-24-08-pre trial motions to exclude evidence resulted in a dismissal of all counts against Mascagni's clients with prejudice the day of  trial. Assistant Commonwealth's Attorney John Balliet added as co-counsel for the prosecution before trial date. Judge Barry Willett, Circuit Court, Div. 1., 2008
  • KENTUCKY TRIAL COURT/WESTERN DISTRICT OF KENTUCKY [ CIVIL] : Roth Engineering vs. Kellogg, et.al.: Jefferson Circuit and Western District of KY at Louisville; Plaintiff's lawsuit seeking monetary damages for work performed resulted in a settlement of 6 figures for the Plaintiff who was represented by Attorney Mascagni. Judge Irv Maze, Jefferson Circuit and removal federal judge, Charles Simpson. October, 2008., 2008
  • KENTUCKY TRIAL COURT : Commonwealth of KY vs. Jack Sullivan, Indictments numbered 05-CR-002583 and 06-CR-00630, all felony charges dismissed by court order dated 12-23-08 by Circuit Court Judge Mary Shaw. Defendant was charged with felony charges stemming from home improvements; by agreement, both Indictments were dismissed. Attorney Mascagni represented the defendant., 2008
  • 6TH CIRCUIT COURT OF APPEALS, CINCINNATI, OHIO [USA APPEAL FROM THE WESTERN DISTRICT OF KENTUCKY] : United States of America v. Reginald Shantez Rice, et al, United States Court of Appeals for the Sixth Circuit, Case No. 06-5245; 478 F.3d 704 (6th Cir., 2007): defendant's lower Court motion to suppress evidence granted by the trial judge, Hon. Thomas Russell in the Western District of KY at Louisville, KY; the United States appealed and the Sixth Circuit Court of Appeals affirmed the suppression of evidence of wire tapped conversations and seized drugs; this litigation represents the first time in this jurisdiction that evidence from a federal wiretap was suppressed. Attorney Mascagni represented Marshall Thomas Evans, one of 13 co-defendants. ===================================================================PDF file created from a TIFF image by tiff2pdfFile Format: PDF/Adobe Acrobat - Quick ViewFRANK MASCAGNI III. 701 West Jefferson Street. Louisville, Kentucky 40202. (502) 583-2831. COUNSEL FOR DEFENDANT. MARSHALL EVANS v. 58,22“ Co-'l// ...www.politechbot.com/docs/fbi.wenther.defendant.brief.030607.pdf ==========================Court decision could free drug suspects Raising the possibility that a dozen alleged drug dealers could go free, a federal appeals court yesterday upheld an order suppressing wiretap evidence in a Louisville case involving 50 pounds of cocaine. In a 2-1 decision, a panel of the U.S. 6th Circuit Court of Appeals upheld U.S. District Judge Thomas B. Russell’s order in 2005 that evidence drawn from more than 4,000 tapped telephone calls could not be used. In 2004, Reginald S. Rice of Louisville and 11 codefendants were indicted on charges of conspiring to traffic in cocaine. Authorities said they seized nearly 50 pounds of cocaine and about $250,000. . . . Two defense lawyers – Scott C. Cox, who represents Rice, and FRANK MASCAGNI III, who represents defendant Marshall Thomas Evidence Jr. – said they intend to file motions asking Russell to release their clients on bail. . . .. “It might sound trite, but it’s nice to have it reconfirmed that they (judges) make rulings on the law, and it doesn’t matter what the defendant’s reputation is and what he’s charged with,” Cox said. “That’s just a good thing.” ...Courier JournalMarch 3, 2007, 2007
  • KENTUCKY CIRCUIT COURT TRIAL LEVEL;CIVIL CASE:  Was co-counsel with Charles L. Cunningham, Jr. representing two female plaintiffs for claims of assault, sexual assault. battery, etc. against a male in a rural county in Kentucky. Pretrial practice and mediation resulted in a settlement of six figures to the plaintiffs in the civil lawsuit and convictions against the defendant in criminal courts., 2007
  • KENTUCKY SUPREME COURT/KENTUCKY COURT OF APPEALS/  HARDIN CIRCUIT COURT, JURY TRIAL, ELIZABETHTOWN, KY : Meghoo v. Commonwealth of Kentucky; 2004-SC-1042-DG; 2005-SC-683-DG; Oral argument by Attorney Mascagni before the Kentucky Supreme Court on December 12, 2007 challenging the detention, search and seizure of a tractor trailer containing marijuana by a VEO at a truck stop. Case prosecuted in Hardin Circuit Court in Elizabethtown, KY. Judge Kelly Easton. Conditional plea entered on the second day of jury trial, to seek appeal of trial issues. Opinion rendered 2008., 2007
  • Wet Willie's Managment Corp. v. Wet Willy's Inc. et al - Boliven ... UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE: CIVIL LAWSUIT. FRANK MASCAGNI, III REPRESENTED THE NAMED DEFENDANT IN A CIVIL LAWSUIT FILED 2005, DISMISSED SETTLED IN 2007. Nov 22, 2005 – Donald R. Burns, represented by, Frank Mascagni , III 701 W. Jefferson Street Louisville , KY 40202-2742 502-583-2831. Fax: 583-3701 ...www.boliven.com/legal_proceeding/3:05-cv-00776-TBR?q... - Cached-  , 2005
  • KENTUCKY TRIAL COURT : LARGEST CRIMINAL CASE FILED IN THE COMMONWEALTH OF KENTUCKY : Commonwealth of Kentucky v. Yin Aan, et al; Indictment No. 04-CR-3522: Presiding Circuit Court Judge-Thomas Wine: successful defense of massage parlor cases involving 105 co-defendants charged with Criminal Syndication (2004-2005); (largest criminal syndication indictment in Kentucky history); Mascagni's lead clients case dismissed pre-trial;covered nationally-Geraldo At Large, Feb. 2006. : http://www.youtube.com/watch?v=xXHywOsreH4, Geraldo at Large ,SEE VIDEO BELOW., 2005
  • KENTUCKY TRIAL COURT :JURY TRIAL : 4-day jury trial acquittal; Commonwealth vs. Wha, 04-CR-3534; Judge Ken Conliffe, client charged with Tampering with Physical Evidence and Complicity to Promoting Prostitution ;all charges-not guilty. Prosecuted by the Commonwealth Attorney's Office in Jefferson Circuit Court, Andy Epstein, Assistant Commonwealth Attorney., 2005
  • KENTUCKY TRIAL COURT :JURY TRIAL : 3-day jury trial acquittal; Commonwealth v. Smith; 02-CR-000043;Jefferson Circuit Court jury trial; client charged with Possession of a Controlled Substance (cocaine) and Persistent Felony Offender in the First Degree; jury trial verdict-not guilty on all charges.Judge Ann Shake. Rick Taylor, Assistant Commonwealth Attorney., 2003
  • KENTUCKY TRIAL COURT : Commonwealth of Kentucky vs. Ferdinand Radolovich, Jefferson Circuit Court Case No. 03-CR-001887; Presiding Circuit Court Judge James M. Shake; State felony charge of Perjury-1st Degree dismissed against local attorney, after several years [2003-2007] of pre-trial motion practice and hearings., 2003
  •  KENTUCKY SUPREME COURT /KENTUCKY CIRCUIT COURT JURY TRIAL LEVEL: DEATH PENALTY JURY TRIAL AGAINST THREE CO-DEFENDANTS; Commonwealth of Kentucky vs. PEAK, BEARDEN AND PATRICK MEEKS, Jefferson Circuit Court Case No. 01-CR-000584, -5-week jury trial in Jefferson Circuit Court where the Commonwealth was seeking the death penalty against Peak, Meeks and Bearden, charged with luring the victim to an isolated site to steal/rob him of drugs and kill him; resulted in a verdict of a non-death penalty sentence. Jury trial presided over by Judge Thomas Knopf, client was found guilty of felony [non-capital] Wanton Murder. co-defendant Peak found guilty of murder and co-defendant Bearden settled for a term of years after jury verdict. Conviction affirmed on appeal to KY Supreme Court. ======================================================  Kentucky (Porchlight International for the Missing & Unidentified) Apr 1, 2006 – Representing Meeks, attorney Frank Mascagni asked the jury to acquit his client of the murder, saying that no one disputes that Peak was the ...z10.invisionfree.com/usedtobedoe/ar/t720.htm - Cached, 2002
  • FEDERAL COURT,BENCH TRIAL : WESTERN DISTRICT OF KENTUCKY AND 6TH CIRCUIT COURT OF APPEALS, CINCINNATI, OHIO : Kentucky Restaurant Concepts, Inc., et al v. The City of Louisville, Jefferson County, Kentucky, et al 209 F.Supp. 2d 672 (W.D. Ky. 2002); adult entertainment businesses sought enforcement injunction of local ordinance successfully; 3-day hearing before Federal Judge Heyburn 2001; awarded prevailing Petitioner's attorney fees of over $140,000.00========================================================== =========LEXSEE 2004 U.S. APP LEXIS 25026 KENTUCKY RESTAURANT CONCEPTS INC ...File Format: PDF/Adobe Acrobat - Quick Viewby KRC INC - Related articlesIntervenor -- Appellant: Frank Mascagni, III, Louisville,. KY; Bradley J. Shafer, Andrea E. Adams, Shafer &. Associates, Lansing, MI. ...moritzlaw.osu.edu/electionlaw/litigation/documents/exG.pdf  , 2002
  • FEDERAL OPINIONS : 478 F. 3d 704 (6th Cir. 2007); 209 F. Supp. 2d 672 (W.D. Ky. 2002), 2002
  • KENTUCKY TRIAL COURT [DISTRICT COURT BENCH TRIAL] bench trial acquittal of client charged with DUI-1st Offense; District Court Judge Toni Stringer., 2002
  • KENTUCKY SUPREME COURT/KENTUCKY COURT OF APPEALS [ CIVIL APPEAL FROM KENTUCKY TRIAL COURT] : Rudolph vs, Adams, et. al., Jefferson Circuit Court Case No. 95-CI-000203, Attorney Mascagni's client was awarded a civil judgment of $313,050.00, opinion by trial Judge Ken Corey;+ interest 1997-2001 [$492,588.00] affirmed by the Kentucky Court of Appeals; August 10, 2001; Attorney Mascagni represented the Petitioner, Rudolph, in a cvil lawsuit following dismissal of his criminal charges;Ky Supreme Court declined to accept review-judgment stands for civil plaintiff.============================================   Commonwealth Of Kentucky Court Of Appeals PDF/Adobe Acrobat - Quick ViewAug 10, 2001 – The record reflects that the applicable filing fees were tendered by Frank Mascagni. (Mascagni), an attorney, on behalf of Rudolph. ...opinions.kycourts.net/COA/1999-CA-001968.pdf, 2001
  • KENTUCKY TRIAL COURT [ DISTRICT] : Commonwealth vs. Casey-Jefferson District Court charges alleging Kentucky Derby ticket scalping dismissed against Maryland horse trainer. Received alot of news coverage locally; newspaper account printed in The Washington Post; charges dismissed twice, October 25,1999 by Judge William Ryan, Jr.; charges reinstated, then dismissed again on February 21, 2000 by Judge Sean Delahanty, Jefferson District Court. Tickets traced to the Governor's Office, Governor Paul Patton.====================================   Derby ticket scalping case a scratch in daily double - Baltimore Sun Feb 23, 2000 – He hired a feisty Louisville lawyer, Frank Mascagni, to fight the case. A few months later, the case took a sharp turn to the mildly ...articles.baltimoresun.com/.../0002230248_1_jim-casey-scalping-churchill-downs - Cached, 2000
  • KENTUCKY TRIAL COURT JURY TRIAL : Commonwealth of Kentucky v. C.R., Jefferson Circuit Court Case No. 99-CR-001660; 9-day jury trial acquittal of local attorney charged with bribing a policeman in a DUI case (2000); Judge Tom McDonald, verdict of not guilty on all submitted counts. Jefferson Circuit Court; prosecuted by the Commonwealth of KY Attorney General's Office., 2000
  • KENTUCKY TRIAL COURT [JURY TRIAL]/KENTUCKY COURT OF APPEALS/WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE,KY : After the swearing in of the jury in Jefferson Circuit, case argued at the Court of Appeals, and later on removal to federal court, Western District of Kentucky, all at the same time;Commonwealth v. Sanford; Case No. 98-CR-001842;Jefferson Circuit Court; charges of Bribery of a Public Servant, Theft by Extortion and Tampering with Public records dismissed after jury was selected and in the box & prosecutor putting on his case in chief; Judge Geoff P. Morris. Commonwealth sought relief at the KY Court of Appeals and removal attempt to federal court BEFORE FEDERAL JUDGE HEYBURN while jury trial was in progress. All charges dismissed in the state case., 1999
  • KENTUCKY TRIAL COURT [JURY TRIAL] /KENTUCKY COURT OF APPEALS [ CIVIL] : Lawrence Glaser v. Phillip Miller; Jefferson Circuit Court Case No. 96-CI-002253; Civil jury trial seeking damages by a police officer[Plaintiff] vs. P. Miller [Defendant]for injuries alleged to have been suffered during the arrest of the defendant; Jefferson Circuit Court; Judge Ernie Jasmin; jury verdict for Mascagni's client, Mr Miller, the civil defendant; Plaintiff [the civil plaintiff]awarded $0.00; successful civil defense, attorney Mascagni represented the prevailing party in the cvil case., 1996
  • KENTUCKY SUPREME COURT/JEFFERSON COUNTY DISTRICT COURT : Abernathy v. Nicholson Ky., 899 S.W.2d 85 (1995); Supreme Court of Kentucky case; Case originated in Jefferson District court and was appealed to the Ky Supreme Court on a challenge to the powers of the district court judge.Attorney Mascagni represented the Respondent judge, Judge James Nicholson., 1995
  • UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY, LOUISVILLE DIVISION October 6, 1994UNITED STATES OF AMERICA, PLAINTIFFv.FOUR (4) CONTIGUOUS PARCELS OF REAL PROPERTY SITUATED IN LOUISVILLE, JEFFERSON COUNTY, KENTUCKY, GENERALLY KNOWN AND DESIGNATED AS 2901 S. SEVENTH STREET ROAD, 2915 S. SEVENTH STREET ROAD, 1600 ARCADE AVENUE, and 1530 ARCADE AVENUE, TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS AND APPURTENANCES THEREON AND ONE (1) PARCEL OF REAL PROPERTY SITUATED IN SHIVELY, JEFFERSON COUNTY, KENTUCKY, GENERALLY KNOWN AND DESIGNATED AS 2902 S. SEVENTH STREET ROAD, TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS AND APPURTENANCES THEREON AND SIX (6) LOTS OF UNITED STATES CURRENCY AND COIN TOTALLING $ 266,178.05, DEFENDANT The opinion of the court was delivered by: JOHN G. HEYBURN, II MEMORANDUM *fn1"  This case is before the Court on the Motion of the Plaintiff for a stay of this civil forfeiture action pursuant to 18 U.S.C. 981(g). In the alternative, the Plaintiff requests a protective order against the taking of depositions and responses to written discovery requests sought by Claimant, Donald G. Ford. The Court has balanced the Government's interest in temporarily evading civil discovery against the harm or prejudice to the Claimant that will result if the stay is granted and finds that the Plaintiff has not established "good cause" sufficient to warrant a stay of the civil forfeiture action. The Court, therefore, denies the Government's request for a stay of proceedings. The Court also denies Plaintiff's general request for a protective order. Upon motion of the parties, the Court will consider specific protective orders requests.  I.  On March 26, 1993, the United States filed this civil forfeiture action against the real property and currency of Claimant, Donald G. Ford, and on April 20 and 22, 1993, seized the property named in this action. The forfeiture action was motivated by the Government's suspicion of criminal activity by Donald and Margaret Ford; Arcade Plaza, Inc.; and the Regular Veterans Association. On July 29, 1993, Claimant submitted discovery requests to the United States, and on August 3, 1993, served notices to take the depositions of a representative of the Louisville Division of Police and three Louisville Police officers. The notice served on the Division of Police included a broad discovery request for production of internal memoranda and documents related to the obtaining of search warrants in the criminal investigation of Claimant.  On August 6, 1993, the Government responded to Claimant's discovery request by filing a Motion for Stay or for a Protective Order regarding Claimant's discovery efforts. Because no indictment of Claimant had been issued at that time, this Court denied Plaintiff's motion for a stay, but granted, in part, Plaintiff's motion for a protective order. On August 25, 1993, Claimant was indicted for violations of 18 U.S.C. ?? 1955-57.  Alleging that Claimant availed himself of the broader civil discovery rules in this matter in an apparent attempt to circumvent the rules of criminal procedure, Plaintiff renewed its Motion for a Stay of Proceeding or for a Protective Order. To date there has not been a resolution of the criminal charges against Claimant and the Government has held Claimant's seized property for 18 months.  Because it is inherently unfair for the United States to seize property and then deny claimant any effective remedy for return of the property under these circumstances, the Court will deny Plaintiff's Motion for a Stay of Proceeding.  II.  The principal civil forfeiture statute under which the United States brings this action, 18 U.S.C. ? 981(g), contains a provision that permits the Court to stay a civil forfeiture proceeding upon the Government's motion and "for good cause shown" if an indictment or information alleging a violation of law has been filed in a related criminal proceeding. *fn2" There are no federal circuit court cases that evaluate the circumstances under which the Government is entitled to a stay pursuant to 18 U.S.C. 981(g). Because the language of 18 U.S.C. 981(g) is substantially the same as the language of 21 U.S.C. 881(i), however, federal district courts have adopted tests used to determine whether a stay will be granted pursuant to 21 U.S.C. 881(i). See, e.g., United States v. Funds Held in the Names or for the Benefit of Wetterer, 138 F.R.D. 356, 358 (E.D.N.Y 1991)(declaring that "in a determination of whether a stay under 18 U.S.C. ? 981(g) should be granted, it is appropriate to apply . . . the teachings of cases interpreting 21 U.S.C. ? 881(i)"). Apparently, neither the Sixth Circuit nor any of Kentucky's federal districts have addressed this issue.  When the Government requests a stay pursuant to 21 U.S.C. 881(i), a court must find that two elements exist before the stay will be granted: "(1) that forfeiture proceedings are 'related to' [the underlying offense] for which there has been an indictment, and (2) that the Government [has shown] 'good cause' for the stay." In re Ramu Corp., 903 F.2d 312, 319 (5th Cir. 1990). Here, the underlying criminal case is related to the civil forfeiture proceeding. Whether or not the Government has shown "good cause" for a stay of the forfeiture proceeding is another matter, however. Unfortunately, there is not a uniform standard that dictates what the Government must establish to prove "good cause" for a stay.  A.  Several district courts have held that the Government's need to protect its criminal case from a defendant's potentially broad civil discovery demands constitutes "good cause" sufficient to stay a civil forfeiture action. See, e.g., U.S. v. Premises and Real Property at 297 Hawley St., Rochester, NY, 727 F. Supp. 90, 91 (W.D.N.Y. 1990). Some courts have applied a slightly more stringent standard and held that the United States must make some specific showing of the potential harm to the Government that will result if the claimant's civil discovery efforts are not avoided. See U.S. v. Leasehold Interests in 118 Ave. D, 754 F. Supp. 282, 287 ("Mere conclusory allegations of potential abuse or simply the opportunity by the claimant to improperly exploit civil discovery . . . will not avail on a motion for a stay.").  Part of Congress's intent in enacting ? 881(i) of the Comprehensive Drug Abuse Prevention and Control Act was to prevent a defendant of federal drug charges from exploiting civil discovery in an attempt to circumvent the limitations of criminal discovery. Unlike the federal crimes to which 21 U.S.C. 881(i) applies, however, 18 U.S.C. 981(g) operates primarily as an aid to the prosecution of crimes such as auto theft, fraud, illegal gambling and money laundering. With crimes involving controlled substances, the threat of intimidation of witnesses and threats to the safety of law enforcement officials normally are great. The same is not always true of the federal crimes to which 18 U.S.C. 981(g) applies. Besides, claimants have real and substantial civil interests which cannot be ignored simply because the United States elects to pursue two remedies, one civil and the other criminal, at the same time. Consequently, the Court concludes that mere allegations of potential abuse will not suffice.  B. //    Other courts balance the Government's interest in temporarily evading civil discovery against the harm or prejudice to the claimant that will result if the stay is granted. See, e.g., In re Ramu, 903 F.2d at 320 (citing U.S. v. One Parcel of Real Estate at 1303 Whitehead St., 729 F. Supp. 98, 100 (S.D. Fla. 1990)). Because determination of "good cause" and a grant of a stay of proceedings can deprive claimants of their property without opportunity for a hearing for a long period of time, whether "good cause" for a stay exists properly is viewed as a "mixed question of law and equity, requiring consideration of any mitigating circumstances that affect the appropriateness of a stay." Id. See also U.S. v. All Right, Title & Interest in the Real Property and Buildings Known as 228 Blair Ave., Bronx, N.Y., 821 F. Supp. 893, 896 (S.D.N.Y. 1993). The Court adopts this approach, which involves a standard similar to that required for the issuance of a preliminary injunction. 489 F.2d 567 (5th Cir. 1974), reaffirmed by Tally-Ho, Inc. v. Coast Community College District, 889 F.2d 1018 (11th Cir. 1989). See also In re Ramu, 907 F.2d at 320. "Such a showing will avoid the hazards of indefinite delay, ensure that claimants receive due process of law, and generally assure the Court of the propriety of a stay." U.S. v. Real Est. at 1303 Whitehead St., Key West, 729 F. Supp. 98, 100 (S.D. Fla. 1990). After weighing the interests of the Government against those of the Claimant, the Court concludes that the Government has not met its burden to show "good cause" why a stay should be granted.  Under such a standard, the Government must establish: (1) a substantial likelihood that it will prevail on the merits, (2) the substantial threat that it will suffer irreparable injury, (3) that the threatened injury to the Government outweighs the threatened injury to the claimant, and (4) that granting the stay will not disserve the public interest. See Canal Authority of Florida v. Callaway,  III.  The Government's principal argument is that permitting the Claimant "to engage in the broader discovery available under the Federal Rules of Civil Procedure would circumvent the purposes of the rules governing trial of criminal matters and prejudice the United States in its prosecution of the criminal case." Further, the Government asserts that there is a substantial threat that it will suffer irreparable injury if a stay is not granted. *fn3" These demons are of the Government's own making, however. The Government could have chosen to prosecute the Claimant and, if successful, demanded criminal forfeiture of his property pursuant to 18 U.S.C. 982(a)(1). Instead, the Government chose to seize Claimant's property while it investigated his activities and as it continued to gather evidence sufficient to warrant an indictment.  The Government argues that "claimants cannot reasonably assert that they would be prejudiced if not permitted to go forward with discovery in the civil action." The Court cannot agree. If not permitted to proceed with this forfeiture action, Claimants would indeed be prejudiced: The Government has deprived them of their property for eighteen months and now seeks to preclude any timely efforts to secure its return. In doing so, the Government has moved dangerously close to riding roughshod over Claimant's right to due process of law.  The Fifth Amendment of the United States Constitution declares that persons shall not be deprived of life, liberty or property without due process of law. Due process of law must be reasonable, meaningful, and timely or it has no value as a constitutional right. For this reason, any prejudice or hardship to a claimant may invoke due process concerns.  The Government argues that it seek not to prevent the claimants from obtaining information or documents necessary to litigate their claims in this civil forfeiture action, but only seeks a remedy that protects the claimants' rights to discovery following completion of the criminal case, while insuring the integrity of the criminal case. However, this argument rings somewhat hollow where, as here, Claimant was not indicted until five months after the Government commenced this civil action and where the likely duration of the proposed stay will deprive the Claimants, who have not been convicted, of their property for almost two years. Here, a lengthy stay pending resolution of the Government's criminal case against Claimants would be unduly burdensome to due process because the likely duration is entirely uncertain. *fn4"  Given the length of time that the Government has held Claimant's property, the uncertain duration of the proposed stay, and the real potential for violation of Claimant's 5th Amendment right to due process of law, the Court finds that the threatened injury to the Claimant outweighs the threatened injury to the Government. Granting the stay would disserve the public interest. The Court will consider specific requests for protective orders on motions by the parties. The Court will enter an order consistent with this Memorandum Opinion.  JOHN G. HEYBURN II  JUDGE, U.S. DISTRICT COURT  ORDER  This case is before the court by Plaintiff's Motion for a Stay of Civil Proceedings or for a Protective Order. The Court having issued a memorandum opinion and being otherwise sufficiently advised,  IT IS HEREBY ORDERED that Plaintiff's Motion for a Stay of Civil Proceedings is DENIED.  IT IS FURTHER ORDERED that Plaintiff's Motion for a Protective Order is DENIED. The Court will consider specific requests for protective orders in this matter on motions by the parties.  This 6th day of October, 1994.  JOHN G. HEYBURN II  JUDGE, U.S. DISTRICT COURT     , 1994
  • JEFFERSON CIRCUIT COURT CASE NUMBER 93-CR-000076, COMMONWEALTH OF KENTUCKY VS. MICHAEL D. SPALDING. TRAFFICKING IN COCAINE( 2 COUNTS). Jury trial, before Judge Earl O'Bannon; police testifed that there was a hand to hand buy; defendant did not testify at trial. Jury Verdict: all charges Not Guilty, case DISMISSED., 1993
  • KENTUCKY TRIAL COURT [JURY TRIAL]  : July 22, 1992: Commonwealth of Kentucky vs. Elmore George, III, Jefferson Circuit Court, Presiding Judge: Thomas B. Wine; Indictment Number 92-CR-000604; assigned prosecutor: Hon. Bill Adams; Client charged with Trafficking in a Controlled Substance, Cocaine, a Class C felony carrying 5-10 years in the penitentiary; the second charge was Possession of Drug Paraphernalia 1st degree; pretrial motions before jury was seated resulted in the Trial Court sustaining Attorney Mascagni's Motion to Dismiss the charges on the day of jury trial., 1992
  • FEDERAL COURT, WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE, KENTUCKY:JURY TRIAL ; United States of America vs. Charles Ray Bookout, United States District Court Western District of Kentucky at Louisville; Indictment No. 3:91-CR-5; two-week jury trial; client charged with Conspiracy to Make False Statements; False Statements to Firearms Dealer; 18 U.S.C. 1001; Obstruction of US in Service of Legal Writ or Process; AUSA Cleve Gambill; jury verdict June 7, 1991; presiding federal judge Eugene Seiller; Not Guilty on all counts., 1991
  • JEFFERSON CIRCUIT COURT, CASE NO. 90-CR-001869. COMMONWEALTH OF KENTUCKY VS. MICHAEL D. SPALDING. 2 COUNTS OF TRAFFICKING IN COCAINE.Pretrial hearings before Judge Ellen Ewing; Indictment DISMISSED., 1990
  • KENTUCKY TRIAL COURT [ DISTRICT] JURY TRIAL : Commonwealth of Kentucky vs. Kreig, Jefferson District Court; 3 day jury trial; jury verdict of not guilty on charge of DUI., 1990
  • KENTUCKY COURT OF APPEALS /JEFFERSON COUNTY CIRCUIT COURT JURY TRIAL LEVEL: Civil Action: Marie Smith, plaintiff, personal injury[auto accident] jury trial in Jefferson Circuit Court;Attorney Mascagni represented the injured plaintiff for money damages;multiple day jury verdict for plaintiff- over $300,000.00 recommended by the jury. Attorney Mascagni represented the plaintiff, Smith. Jury trial verdict for Plaintiff; tried the case by jury, before Judge Joe Leibson. Counsel for the insurance-Wayne J. Carroll;other counsel: Susan Phillips and Rick Schulten., 1990
  • KENTUCKY TRIAL COURT [JURY TRIAL]:DEATH PENALTY CHARGED MURDER CASE;  Commonwealth of Kentucky vs. Estelle Dunkerson, 87-CR-000603;Jefferson Circuit Court; Judge Richard A. Revell; Jury trial, client charged with capital murder [ death, life or 20 years to life]. Prosecutor putting on her case in chief, defense motions, then a recess; plea negotiations,  then settled for a reduced charge of Manslaughter II, client receiving a 5 year probated sentence on 10-10-1988. Client charged with stabbing her man to death with a butcher knife., 1987
  • FEDERAL COURT PRACTICE: in W.D. and E.D.of KENTUCKY at Louisville[ jury trials], Covington [ jury trial ],  Lexington,Frankfort,  Ashland, Owensboro and Bowling Green; S.D. of INDIANA at Evansville, Indianapolis and New Albany; SIXTH CIRCUIT COURT OF APPEALS in Cincinnati, Ohio., 1978
  • KENTUCKY TRIAL COURT [JURY TRIAL] : Commonwealth of Kentucky vs. Jerry Rankin, Jefferson Circuit Court Case No. 78-CR-000180; presiding Circuit Court Judge Richard A. Revell; defendant charged with four counts of Trafficking in a Controlled Substance, Class C felonies (5-10 years to serve); 2-3 day jury trial: Frank Mascagni prosecuting attorney; defense attorney Tim McCall; jury verdict: Guilty on all counts and recommended a 5-year sentence, 1978
  • TRIAL LAWYER IN STATE AND FEDERAL COURTS: litigated 100's of legal issues pretrial and before 6 member and 12 member juries, both criminal and civil; tried cases to the bench in state and federal court; orally argued to the Court of Appeals and Kentucky Supreme Court; litigated before state administrative bodies; drafted and filed written pretrial motions and argued them before the courts; negotations resolved most pieces of litigation, and tried those to a jury verdict that did not settle., 1977
  • KENTUCKY SUPREME COURT Decisions: 1990-SC-000267; 1994-SC-000635; 1994-SC-000919; 1995-SC-000367; 1997-SC-000060; 1998-SC-000962; 1999-SC-000849; 2000-SC-000570; 2001-SC-000216; 2001-SC-000350; 2001-SC-000594; 2001-SC-000717; 2004-SC-001042; 2005-SC-000090 and 2005-SC-000683; 2007-SC-812-DG; 2009-SC-0164-TG; 899 S.W.2d 85 ( Ky. 1995); 317 SW 3d 23 (Ky. 2010).
  • FEDERAL JURY TRIALS IN THE WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE [Business fraud,securities fraud international; weapons, obstruction, false statements;and assault; fraud conspiracy, structuring, money laundering, bribery and false statements to federal agents]; EASTERN DISTRICT OF KENTUCKY AT COVINGTON, KY [drugs, possession with intent to distribute cocaine].
  • KENTUCKY CIRCUIT COURT TRIAL LEVEL: Attorney Mascagni and Attorney Charles L. Cunningham, Jr. filed a wrongful death claim against local doctor and hospital, et. al. for medicial negligence for improper intubation and death of xr-room patient. Depositions taken and case settled for mid-six figure dollar amount pretrial.
  • KENTUCKY COURT OF APPEALS  Decisions: 1998-CA-000406; 1999-CA-001968; 2003-CA-001074; 2003-CA-001356; 2003-CA-001432; 2005-CA-000085; 2005-CA-001380 and 2005-CA-001800; 2009-CA-0484.
  • KENTUCKY TRIAL COURT; DISTRICT COURT JURY TRIAL: Commonwealth of KY vs. Sean Haskens, client charged with DUI; Judge Paula Fitzgerald, Assistant County Attorney Dennis Burke; after case began trial motions resulted in a recess and settlement less than the charge of DUI.

Representative Clients:

  • 1979-Present: Private Practitioner: Criminal defense law state and federal Courts;defending clients charged with criminal offenses from traffic violations- DUI; drug charges, assault, theft, robbery, sex offenses, murder, etc. to capital punishment death penalty crimes ( tried to jury verdict 2 death penalty cases 2002-2009). Litigator in civil cases;  Active practice before Kentucky Administrative law boards (local and state ABC Boards and Code Enforcement Board); before Administrative Law judges on parole violation preliminary hearings; Handle and litigate civil cases in state and federal court; Admitted to practice in 1977; entered private practice in 1979., 1979
  • 1976-1979 PUBLIC OFFICE: Prosecuting Attorney: Assistant Commonwealth's Attorney for the 30th Judicial District prosecuting felony white collar crimes and career offenders. Graduated from law school in 1976 and began working with the state district attorneys office in 1976. Appointed by the Hon. David Armstrong.  As a Circuit Court felony prosecutor in the White Collar Unit with the Hon. Scott T. Wendelsdorf,  and Career Criminal Unit with the Hon. Geoffrey P. Morris. Litigator in Circuit Court, felony jury trials. Left public service in 1979., 1976

Other Outstanding Achievements:

  • 3-10-2014: Attorney Frank Mascagni III has Achieved the AV Preeminent® Rating - the Highest Possible Rating from Martindale ... DigitalJournal.com ‎- , 2014
  • Selected again in 2012 as one of the "TOP LAWYERS" by Louisville Magazine in the March, 2012 magazine in 3 practice areas: CRIMINAL DEFENSE NON-WHITE COLLAR, CRIMINAL DEFENSE WHITE-COLLAR and DUI/DWI. Results published from survey sent to over 3000 lwayers locally who are members of the Louisville Bar Association., 2012
  • Selected again as one of KENTUCKY'S BEST RATED LAWYERS for the 2012 publication in the area of CRIMINAL DEFENSE. Publication to be printed in February 2012., 2012
  • Selected again into The BEST LAWYERS IN AMERICA publication for 2012 in the area of CRIMINAL Defense., 2012
  • Selected again as a "TOP LAWYER" by Corporate Counsel in the area of Criminal Defense., 2011
  • a v v o National rating online of attorneys: Frank Mascagni rated a 10.0 SUPERB Rating July 15, 2011. Avvo Superb Rating awarded again in 2012., 2011
  • Selected as one of the attorneys to be featured in the new statewide publication: GREATER LOUISVILLE ATTORNEY AT LAW MAGAZINE to be released in May, 2011. Attorney Mascagni selected as "Solo Practioner Of The Month". 16,000 copies distributed online for statewide distribution and 7,000 hard copies mailed to the 7 most populated counties statewide., 2011
  • Selected for inclusion in the PREMIER EDITION KENTUCKY'S BEST LAWYERS MAGAZINE. To be printed February 25,2011. Attorney Frank Mascagni selected for the cover and an article on one of his exceptional cases to be featured in the magazine.  , 2011
  • Notifed on 8-8-2010 of selection by THE BEST LAWYERS IN AMERICA 2011 in the practice area of CRIMINAL DEFENSE: Non-White Collar. BestLawyers.com. 41,452 attorneys in 82 legal specialities were selected for the 17th Edition. Books to be released in November 2010. THE BEST LAWYERS IN AMERICA 2011, Woodward/White Inc., 2011., 2011
  • BEST LAWYERS IN AMERICA-2010 publication: 8-3-09 notified of selection into the next edition of the annual Best Lawyers In America book in the area of CRIMINAL DEFENSE: Non-White Collar; 2010 edition. Only 6 local attorneys selected in this practice area in Louisville, KY. Honored again in 2011 and 2012 in the area of CRIMINAL DEFENSE., 2009

Video:

  • Criminal case in Jefferson Circuit Court covered by "AFTER THE FIRST 48 HOURS" televison program to air on national television on Thursday November 3, 2011. Murder jury trial: Judge Olu Stevens, trial judge, appointed Frank Mascagni to represent a witness called by the defense prior to her being called as a witness by defense counsel Ashley Edwards and subject to cross-examination by prosecutor Erin White. Trial judge ruled she was in need to independent legal advice before electing to the exercise or waive her 5th Amendment Rights. LOUISVILLE, KENTUCKY: APPOINTED BY TRIAL JUDGE OLU STEVENS TO REPRESENT A WITNESS IN A MURDER TRIAL BEFORE SHE TESTIFED. Commonwealth of Kentucky vs. Frederick W. Davis, Case No. 09-CR-000399, Defendant charged with Murder, Wanton Endangerment I (2 counts) and Tampering with Physical Evidence. Day 5 of the jury trial, recess called and attorney Mascagni appointed to advise witness prior to her testimony. Closings set for Monday 2-21-2011. Assistant Commonwealth's Attorney Erin C. White; Ashley Edwards, PD, for the defendant. Jefferson Circuit Court, Division 9, Louisville, KY. 2-18-2011. Defendant found guilty and sentenced to 37 years. Case to be featured on televison for "After the first 48 Hours" on the A & E channel on November 3, 2011., Murder Jury Trial, Louisville, Kentucky, NATIONAL TELEVISION PROGRAM; 48 HOURS, 2011
  • COMMONWEALTH OF KENTUCKY VS. DANTE D. WATTS SR.  FOUR DAY JURY TRIAL JUNE 27-30, 2011  JEFFERSON CIRCUIT COURT, DIVISION 6  JUDGE OLU STEVENS  LOUISVILLE, KENTUCKY  FRANK MASCAGNI, III, DEFENSE COUNSEL  FRANK DAHL, PROSECUTING ATTORNEY    COMMONWEALTH OF KENTUCKY VS. DANTE WATTS, SR: Cases numbered 09-CR-03708 and 11-CR-1696. Judge: Olu Stevens, Prosecutor : Frank Dahl. Client charged with complicity to traffic in cocaine with a  handgun, complicity to traffic in cocaine with a handgun within 1000 yards of a school and complicity to traffic in marijuana under 5 pounds with a handgun. Second indictment charging status offender as PFO-I (Persistent Felony Offender):  client's exposure :20 years to Life. Opening by prosecutor claims approx. 7 pounds of powder cocaine, crack cocaine [over 1888 grams total] and marijuana, handgun, baggies, and ammo and over $40,000.00 in cash, scales, etc., seized. 4 day scheduled jury trial. Voir dire on 6-27-2011; openings 6-28-2011 and 4-5 witnesses called by the government. Total of 12 witnesses called by the prosecutor. 7 year offer rejected by client. More government proof scheduled 6-29-2011, the defense offered no proof during it's case in chief. Closings set for 6-30-2011. Attorney Mascagni lead counsel for the defense. Jury out 3.8 hours and returned a verdict of NOT GUILTY ON ALL SIX VERDICT FORMS , substantive, enhanced and as an alleged complicitor. It was a good defense verdict. June 30, 2011.   JURY INSTRUCTIONS READ BY THE COURT AND DEFENSE COUNSEL'S CLOSING ARGUMENTS IN 6 PARTS  POSTED ON YOU TUBE 8-11-2011:  PART 1: http://youtu.be/mgeYo5tkadQ PART 2: http://youtu.be/IRlvivW_VYQ   PART 3: http://youtu.be/fyP42C0L3OI   PART 4: http://youtu.be/IPIVpKhofu4  PART 5: http://youtu.be/VX7Fle2i1qo  PART 6: http://youtu.be/hZmQ-oC20nE  , 2011
  • National television story covered by Geraldo Rivera aired in February, 2006, dealing with Kentucky's largest criminal syndication case (105 co-defendants) alleging a syndicate promoting massage parlor prostitution in Louisville, KY. Indicted charges were Class B felonies (10-20 years in the penitentiary); attorney Mascagni was lead counsel and all charges were either dismissed or amended to low level misdemeanors with no defendant serving either jail nor a penitentiary sentence. To see the broadcast, click this link : http://www.youtube.com/watch?v=xXHywOsreH4, Geraldo at Large

Educational Background:

  • 1963-1967-St. Joseph High School, Greenville, MS;1967-1972-Christian Brothers College, Memphis, TN;1974-1976-University of Louisville School of Law, Louisville, KY

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Blog entries — Frank Mascagni, III

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What Every Lawyer Should Know PRIOR TO Advising Their Client To Enter A Plea Of Guilty In A Criminal Case: Collateral Consequences Of A Criminal Conviction In Kentucky - (2014)

WHAT EVERY LAWYER SHOULD KNOW PRIOR TO ADVISING THEIR CLIENT TO ENTER A PLEA OF GUILTY IN A CRIMINAL CASE: Collateral Consequences Of A Criminal Conviction In Kentucky  ..................................................................................................................................   I'm nervous when I see newly admitted lawyers or attorneys who practice primarily civil or family court law make an appearance in a criminal defense case. Sometimes even experienced criminal defense lawyers fail to fully advise their clients of potential collateral consequences that will or can occur upon entry of a plea of guilty to a violation or a crime and sentencing on a criminal offense in Kentucky. The purpose of this article is to acquaint or remind all attorneys that practice even one criminal defense case, that there are collateral consequences that don't appear on the face of the criminal statute that must be considered.  Take some time to ask questions of your client. You are responsible as their counsel and are directed by the Sixth Amendment to provide effective assistance of counsel. This includes advising on the consequences of a conviction. Padilla v. Kentucky, 130 S.Ct.1473 (2010) and Stiger v. Commonwealth , 381 S.W.3d 230 ( Ky. 2012). .............................. This article is space restricted and does  NOT include every consequence. It is  meant as a general checklist only to use as a starting point to compose your own checklist to insert in your client file at the initial interview. Ask questions of your client in the following areas to generate a conversation as to what is at stake in addition to their freedom, fines and court costs. Focus grasshopper and ready the fight.   .....................................................Resources: Making Padilla Practical: Defense Counsel and Collateral Consequences at Guilty Plea, 54 How. L.J. 675, 690 (2011) by Gabriel J. Chin and The Advocate, Journal of Criminal Justice Education & Research, Kentucky Department of Public Advocacy, June 2013: Collateral Consequences Of Criminal Convictions In Kentucky by Glenn S. McClister.  ............................................................... Kentucky State Court Considerations §RCr 8.08. Pleas A defendant may plead not guilty, guilty or guilty but mentally ill. The court may refuse to accept a plea of guilty or guilty but mentally ill, and shall not accept the plea without first determining that the plea is made voluntarily with understanding of the nature of the charge. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or guilty but mentally ill or if a defendant corporation fails to appear, the court shall enter a plea of not guilty. § RCr 8.09. Conditional plea With the approval of the court a defendant may enter a conditional plea of guilty, reserving in writing the right, on appeal from the judgment, to review of the adverse determination of any specified trial or pretrial motion. A defendant shall be allowed to withdraw such plea upon prevailing on appeal. "Alford" plea   North Carolina v. Alford, 400 U.S. 25 (1970),was a case in which the Supreme Court of the United States affirmed that there are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty while still protesting his innocence. This type of plea has become known as an Alford plea, differing slightly from the nolo contendere plea in which the defendant agrees to being sentenced for the crime, but does not admit guilt; however, the judgment of conviction entered by the Court will have the same legal effect of a "straight" plea of guilty. TRAFFIC CITATIONS: can carry points assessed on the client's drivers license; Google: Kentucky Driver Point System for a list of points per violation; 601 KAR13:025    EXPUNGEMENTS: not all originally charged felonies nor misdemeanor cases can be expunged after resolution, or when statutorily eligible based on a dismissal; timeframes differ from immediately to 60 days, 2 years or 7 years: seeKRS 431.076, 431.078 and 431.079   A FELONY CONVICTION  cannot be expunged   J UVENILE COURT CONVICTIONS : don't go away by themselves at age 18; you need to file a petition and order; see KRS 610.330 and  "...and felony adjudications are public records and can never be expunged unless there is a diversion agreement with the prosecution at the time the plea is entered.  There is no exception to this rule."    DUI CONVICTIONS affect future DUI charge penalties within 5 years; affect automobile insurance rates and premiums, loss of drivers license, felony enhancement for 4th offense: see KRS 189A.010  Some SEX OFFENSES carry registration as a sex offender; see KRS 17.510 "Almost all sex offenses carry a registration requirement, and the period of time a person must be registered has increased with new legislation every time the law has been amended.  Frequently, lifetime registration is required.  The statutes are written so that if a person must register, several other prohibitions are triggered: living near schools, childcare centers, etc, and the inability to have any social networking accounts, among other things." Courts can order HIV testing: KRS 510.320; give a DNA sample   Some DRUG OFFENSES can be used in the future as a subsequent offender: see   § 218A.010. Definitions for chapter (41) "Second or subsequent offense" means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense. For the purposes of this section, a conviction voided under KRS 218A.275 or 218A.276 shall not constitute a conviction under this chapter; PFO I and PFO II statues increase the penalties: see KRS § 532.080. Persistent felony offender sentencing if your client has  prior felony conviction(s); or if your client is currently charged with a felony    Class D Felony PRETRIAL DIVERSION Program affects the client for up to 5 years until Dismissed-Diverted Order is entered if a background check is performed while in diversion § RCr 8.04. Pretrial diversion  Chapter 533. PROBATION AND CONDITIONAL DISCHARGE Pretrial Diversion Program: (§§ 533.250 - 533.262)   Beware of WAIVERS of appeal and waiver of ability to assert ineffective assistance of counsel in the plea agreement :  Commonwealth Of Kentucky, Supreme Court of Kentucky, 2013-SC-270:  United States Of America v. Kentucky Bar Association: pending   PROBATION: Some crimes cannot be probated: see § 532.045. Persons prohibited from probation or postincarceration supervision - Procedure when probation or postincarceration supervision not prohibited; § 532.047. Nonavailability of probation or suspension of sentence to violent offender - Exception ;§ 533.060. Probation or conditional release - Effect of use of firearm - Other felonies ;§ 533.065. Effect of person wearing body armor and carrying deadly weapon at time of offense ; "violent offenses " in KRS 439.3401 Kentucky Drivers License/CDL: Some offenses carry suspension/revocation of license upon conviction   Property Seizure/Forfeiture : see KRS 218A.450,  KRS 218A.410, KRS 218A.460, KRS 218A.415(3)  Probation and Parole in Kentucky, see: 501 KAR 1:030. Determining parole eligibility. Some felonies carry parole eligibility of 15%, 20%, 50% and 85%; you should also review the standard conditions and terms of a probated sentence with your client ahead of time.       Federal Court Considerations  Federal Court:  Unlike state court, there are presumptions regarding pretrial detention; No parole- most sentences are to serve at 85% service rate; Armed Career Criminal Act; 18 U.S.C. 922(g) gun charges- mandatory minimums;  851 Notices of a prior felony conviction penalties;  Mandatory Minimums based on the drug and quantity, economic loss tables in the guidelines; most porno cases-mandatory minimums; Defendants prior criminal record;  Criminal History Points- United States Sentencing Commission Guidelines, Title 28 U.S.C. 994    General Considerations   Effects on Citizenship and Immigration (ICE); Certain crimes have harsh consequences upon conviction ( felonies, drugs & crimes of moral turpitude): 8 U.S.C. 1227Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010),130 S.Ct. 1473, 176 L.Ed.2d 284 IMPACT ON:  Student Loans  Housing, Public Benefits Programs    Possession ofFirearms (State and Federal): KRS 527.040 and federal law: 18 U.S.C. 922(g)   Occupations and Licenses  Civil Rights; Voting: Kentucky Constitution 145(1); Jury Service KRS 29A.080(2) (e); Passport: 22 U.S.C. 2714; holding public office and denial of ABC license    Involuntary Termination of Parental Rights, Adoption/ Effects on Family Court and Circuit Court cases as a "convicted felon"; impact on custody proceedings and pending or future lawsuits   DVO/EPO cases: prohibitions regarding weapons Current and Future Employment/Background checks/Criminal Record Checks   ...................................................................................................................................... Here’s a good article from the ABA journal on a recent SCOTUS opinion which expanded what qualifies as “domestic violence” for purposes of losing the right to own a gun under federal law. United States v. Castleman, No. 12-1371, decided March 26, 2014: http://www.abajournal.com/news/article/scotus_gives_expansive_meaning_to_physical_force_in_interpreting_domestic-v/     And here’s a link to the ABA website addressing collateral consequences nationwide:  http://www.abacollateralconsequences.org/ 

Industry Group(s): ATTORNEY AT LAW MAGAZINE, MAY-JUNE 2014

LITIGATION TIPS - (2014)

Unfortunately, the number of criminal jury trials in the state of Kentucky has been on the decline for the last nine years. Reproduced is a table which I received from the Kentucky Supreme Court at a recent presentation by Chief Justice Minton. Nevertheless, as litigators, we all should prepare each case as though it was going to be resolved by a jury. Reproduced below is an excellent list of objections I received during a presentation after Kentucky adopted the Kentucky Rules of Evidence on July 1, 1992. Each litigator should copy this “cheat sheet” and bring it to court so that it is available during your litigation (should you want to lodge an objection with a basis other than “ouch” or “that hurts”). Good luck! ************************************************************** Kentucky Evidentiary Objections Your objection to evidence must be timely and specific. If not, your objection may be waived (Rule 103). Make your objection succinctly and in a clear, firm voice. EXAMPLES: “Objection, Your Honor, the question calls for hearsay.” “Objection, leading.” While you generally voice your objection in front of the jury, do not argue your objection in front of the jury. If argument is required, request permission to approach the bench, then present your argument. Use the Kentucky Rules of Evidence to bolster your argument. Below is a list of most of the common objections, a brief explanation, and authority for the objection based on the Kentucky Rules of Evidence. ************************************************************* 1. Ambiguous – Confusing question that is capable of being understood in more than one sense. Rule 611(a). 2. Argumentative – (1) Counsel’s question is really argument to the jury in guise of a question (Example: Counsel summarizes facts, states conclusion, and demands witness agree with conclusion); or (2) excessive quibbling with witness. Rule 611(a). 3. Asked and Answered – Unfair to allow counsel to emphasize evidence through repetition. Greater leeway on cross-examination, however. Rule 611(a). 4. Assumes a Fact Not in Evidence – Fact not testified to contained in the question. Rule 611(a). 5. Authentication Lacking – Proof must be offered that the exhibit is in fact what it is claimed to be. Rule 901(a). 6. Best Evidence Rule – If rule applies, original document must be offered or its absence accounted for. If contents of document are to be proved, rule usually applies. Rule 1002. 7. Beyond Scope of Direct – Rules of Evidence allow cross-exam on any relevant matter, including credibility, however, judge has discretion to limit such questions. An objection may prompt judge to exercise this discretion. Rule 611(b). 8. Compound – More than one question contained in the question by counsel. Rule 611(a). 9. Conclusion – Except for expert, witness must testify to facts within personal knowledge; conclusions are for the jury – and counsel during closing argument. Rule 602; 701. 10. Confusing and Unintelligible – Unfamiliar words, disjointed phrases, or confusing evidence. Rule 611(a). 11. Counsel Testifying – Counsel is making a statement instead of asking a question. Rule 603. 12. Cumulative – Judge has discretion to control repetitive evidence. Repeated presentation of the same evidence by exhibits or by more witnesses is unfair and wastes time. Rule 611(a). 13. Foundation Lacking – No proper foundation for testimony or exhibit. (Example: Offer of “recorded recollection” without showing failure of memory; similar to objection for lack of authentication or personal knowledge.) Rule 602; 901(a). 14. Hearsay (question) – The answer would elicit hearsay, and no exception has been shown. Rule 802. Hearsay (answer) – Question did not call for hearsay, but witness gave it anyway. Consider making a motion to strike and asking judge to instruct jury to disregard the response. Rule 802. 15. Impeachment by Improper Means – Methods of impeachment are limited and specific. Rules 608-610. 16. “Improper” – When you are sure the question is improper, but cannot think of the correct basis for an objection, try “Objection, Your Honor, improper question.” Judge may know proper basis and sustain your objection, and if the judge asks for your specific basis, you have gained time to think about it. To be used very infrequently. Rule 103( c); 611. 17. Improper Characterization – The question or response has characterized a person or conduct with unwarranted suggestive, argumentative, or impertinent language. (Example: “He looked like a crook.”) Rules 404-405. 18. Incompetent Witness – Lack of qualification such as oath or mental capacity. Also applies if judge or juror is called as a witness. Rule 601-606. 19. Irrelevant – Would not tend to make any fact that is of consequence more probable or less probable. Motion to strike may be appropriate. Rule 402. 20. Leading – Form of question tends to suggest answer. (Permitted, of course, on cross-examination). Rule 611 (c ). 21. Misquoting Witness (or Misstating Evidence) – Counsel’s question misstates prior testimony of witness. Similar to objection based on assuming fact not in evidence. Rule 103 (c ); 611(a). 22. Narrative – Question is so broad or covers such a large time period it would allow witness to ramble and possibly present hearsay, irrelevant or incompetent evidence. Judge has broad discretion in this matter, however. Rule 611(a). 23. Opinion – Lay opinion or inference which is beyond the scope permitted by Rule 701; personal knowledge lacking; or expert witness has not been qualified as such. Rule 701; 702. 24. Prejudice Outweighs Probative Value – At the bench, out of the jury’s hearing, argue that “the probative value of the evidence is substantially outweighed by the danger of unfair prejudice.” May apply to exhibits as well as testimony. (Don’t let the jury hear you say that the evidence is prejudicial–they may be impressed.) Rule 403. 25. Privileged – Answer would violate valid privilege (lawyer-client, husband-wife, clergyman, etc.) Rule 501-508. 26. Speculation and Conjecture – Question requires witness who lacks personal knowledge to guess. Rule 602. 27. Unresponsive – Answer includes testimony not called for by the question. Especially applicable to voluntary response by hostile witness. Note: An objection based solely on this ground is generally deemed appropriate only if made by the examining attorney; therefore, opposing counsel should state some additional basis for the objection. Rule 103 (c ); 611(a).

Industry Group(s): ATTORNEY AT LAW MAGAZINE, JAN./FEB. 2014

GREATER METRO LOUISVILLE ATTORNEY AT LAW MAGAZINE - (2011)

Attorney Mascagni wrote a series of three articles on Legal Ethics that were published in Attorney At Law magazine in 2011, 2013 and 2014.

Attorney – Client Sexual Relations: - (2011)

ATTORNEY AT LAW MAGAZINE OCTOBER 2011 ETHICS ARTICLE BY FRANK MASCAGNI III Attorney – Client Sexual Relations:   Now Governed by the Kentucky Rules of Professional Responsibility The Supreme Court Rules  Effective July 15, 2009, the Supreme Court of Kentucky enacted two new rules in the Conflict of Interest sections dealing with sexual relations with a client.   SCR 3.130(1.7)(12) now states: “A lawyer is prohibited from engaging in sexual relationships with a client, unless the sexual relationship pre-dates the formation of the client-lawyer relationship.  See Rule 1.8(j).” SCR 3.130(1.8)(j) now states: “A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them before the client-lawyer relationship commenced.” Since these rules were enacted effective July 15, 2009, there have not been any reported decisions in the Commonwealth of Kentucky under these new rules.  However, there are three reported published opinions under the old rules dealing with the subject matter.   Kentucky Supreme Court Published Opinions 1999 - 2006 Kentucky Bar Association v. Belker, 997 SW2d 470 (Ky. 1999).  This was a well-publicized opinion involving a Louisville, Kentucky lawyer, Norman L. Belker.  In June of 1996, two former clients filed Bar Complaints alleging improper sexual contact with the attorney.  The attorney was a Plaintiff’s personal injury lawyer and allegedly conducted an examination of the client in his office.  Nine more Complaints followed in the next six months.  Four former clients filed a civil lawsuit against the attorney in August 1996.  The civil lawsuit was settled on the eve of trial in December 1997.  As part of the settlement, the attorney was required to withdraw his responses to all pending Bar Complaints.  The Jefferson Circuit Court on December 14, 1998, directed the attorney to withdraw his answers to the Inquiry Tribunal charges.  The lawyer appealed the Order to the Court of Appeal, which was denied.  The Board of Governors reviewed all of the evidence and found the attorney had committed seventeen violations of Disciplinary Rules, dating back to the 1970s by the fondling and touching of the complainants where the contact served only to gratify his own interests to the detriment of the psychological well-being of his clients.  The Board recommended permanent disbarment.  The Kentucky Supreme Court Ordered the attorney permanent disbarred from the practice of law in the Commonwealth of Kentucky in this reported opinion.   Bezold v. Kentucky Bar Association, 134 SW3d 556 (Ky. 2004).  Attorney Bezold received a public reprimand against him by the Supreme Court of Kentucky in this reported opinion.  The attorney became romantically involved with his client in his representation of her in a divorcecase.  His client also worked for him.  The attorney admitted a violation of old Rule SCR 3.130-1.7(b) and asked the Court to issue a public reprimand and the KBA had no objection.   Kentucky Bar Association v. Martin, 205 SW3d 210 (Ky. 2006).  The Board of Governors of the KBA recommended that attorney Martin be suspended from the practice of law in Kentucky for two years with 181 days to serve and the remainder probated upon reinstatement with certain conditions.  The attorney was convicted for the sexual assault of one of his female employees in 1999.  His employee reported he made inappropriate and unwanted sexual comments to her and forced her hand into his pants and against his penis.  The attorney admitted his inappropriate conduct.  He entered a plea agreement to a charge of Third Degree Sexual Assault, a Class B Misdemeanor, with a Judgment of Conviction on January 24, 2001.  In a second disciplinary case, the attorney was charged with a sexual assault of a former client on April 27, 2001.  While in the lawyer’s office, he exposed his genitals and began masturbating in her presence.  He placed his genitals against her.  He fondled, embraced and kissed the woman.  The attorney acknowledged he had sexual contact with the woman, however, claims the encounter was consensual, although he admitted it was ethically inappropriate.  He entered a North Carolina v. Alford, 400 US 25 (1970) plea (essentially maintaining his innocence but allowing a Judgment of Conviction to be entered against him) to Third Degree Sexual Abuse and received a probated jail sentence.  The Supreme Court of Kentucky, however, ordered that the attorney be suspended for two years effective the date of the entry of this Order of November 22, 2006, and his reinstatement is conditioned upon his continued good faith participation in appropriate psychological and/or psychiatric treatment for his diagnosed mental conditions.  Should he be reinstated, he would be subjected to additional requirements related to continued treatment and in-office safeguards and monitoring by the KBA recommended by the Character and Fitness Committee. KBA Disciplinary Statistics According to the KBA, there were sixty-nine disciplinary files opened during the 2009-2010 Fiscal Year under Rules 1.7-1.9, the Conflict of Interest section.  I have been advised that these two new rules have not generated any significant number of complaints over the last two years.    Additional Considerations Other Than Your Retention of Your Bar License I read an interesting article in the TRIAL Magazine, August 1999, entitled “Sex and the Law”, by authors Michael A. Patterson, Edward J. Walters Jr. and Andrée M. Braud.  They point out that attorneys are in a position of power and most clients are vulnerable.  The attorney, obviously, is in a superior position in an attorney-client relationship.  “The attorney who succumbs to a sexual encounter during representation risks financial, professional and personal destruction.”   They point out the lawyer has other exposures by way of civil liability for sexual misconduct with a client: claims based on negligence, civil battery, deceit, intentional infliction of emotional distress, legal malpractice, breach of fiduciary duties, negligent infliction of emotional distress (a controversial legal tort), etc.  The lawyer would obviously be obligated to report a lawsuit to his legal malpractice carrier. Additionally, the lawyer opens himself up to a claim of sexual harassment and potentially subjected to a criminal sexual charge under the Kentucky Penal Code.    All lawyers have to be careful in their relationships with their clients.  Most all legal articles on this subject matter caution against having a sexual relationship with a client for obvious reasons.  There are numerous articles cautioning attorneys in the making of improper sexual remarks, unwanted sexual advances, unwanted touching, the taking of nude photographs of a client under pretext, etc.    The Risks: the client’s case, your job, your marriage, your assets, your ability to practice law, and potentially your freedom  There is obviously a dangerous mixture of sexuality and power that potentially could develop between attorneys and their clients.  All lawyers must always remember that they serve in a counseling relationship and in a position of trust.  We have a moral, legal, and ethical responsibility to act in the best interests of our clients.  All lawyers, male and female, would be well-advised not to put themselves in a position of being exposed to any claim by a client that they took advantage of the client or were less than competent or diligent in the representation because they were distracted by a sexual relation with a client.  Caveat emptor: Warning to all to be careful.

Industry Group(s): ATTORNEY AT LAW MAGAZINE, OCTOBER 2011

ATTORNEY AT LAW MAGAZINE JULY 2011 - (2011)

Author of an article for the July 2011 monthly magazine of  Greater Louisville Metro Edition of Attorney At Law Magazine titled : "A Real Oxymoron: The Honest Lawyer". Can be read online at www.targetmarketmediallc.com July, 2011 edition of the monthly magazine================================================================== Title: A Real Oxymoron: The Honest Lawyer Author: Frank Mascagni, III=============================== Every attorney will make mistakes, but very few will be sued by their client. All too often the difference between an error being made resulting in a lawsuit or a Complaint being filed with the Kentucky Bar Association (KBA) has simply to do with the strength of the attorney-client relationship that exists between you and your client. To avoid being named as a Defendant in a lawsuit or being named as a Respondent in a Complaint, make sure that your conduct is consistent in the following areas: Have a clear and fair written fee agreement as soon as possible after your initial agreement to accept the case. Within the attorney-client contract or by separate letter, be sure to confirm the scope of your representation and the limits of your employment. Bill on a consistent periodic basis for your fee and expenses incurred in the litigation or the representation. Always give real expectations of the case and the progress of the case to the client. Show an interest in the client as a person and treat them respectfully Return your business telephone calls promptly and treat the caller with courtesy. Make it a habit to be punctual for appointments and court appearances and if you are personally unavailable be sure that the client knows ahead of time that someone will be acting in your stead and the scope of their duties on that occasion. Avoid taking telephone calls during office conferences and discourage interruptions. Always copy your client with significant correspondence and pleadings During the term of the attorney-client relationship always encourage the client to share the decision making with you in the handling of their case. Your attitude each day toward the practice of law is a reflection of you that should be closely guarded. Learn to enjoy the practice of law and relish good clients and the satisfaction of a good work ethic and the results you obtain. Appreciate those rare "thank yous" that we receive. It is equally important that you quickly rid yourself of bad and bothersome clients and their phone calls. If you do not enjoy the relationship with the client or if it is a bad case, professionally withdraw from representation and either dissuade the client from prosecuting the case or refer it to other counsel. These are the very cases and clients that adversely affect your attitude which spills over to your enjoyment of your other clients and cases. You have to maintain some degree of control of your life and caseload. Don’t set unrealistic expectations of yourself nor convey unrealistic expectations to your client. Your attitude about the practice of law is directly related to the amount of money you made that day. Isn’t it amazing that when you are financially rewarded for your efforts, your attitude spills over to the balance of the day and sometimes for the balance of several weeks? Don’t be so quick to deposit your money in the bank. Keep it in your pocket for a few days before depositing it and it will directly change your attitude when a persistent or annoying client interrupts you. You will find that their annoyance and persistence is not as offensive on those days when you have received appropriate remuneration for your efforts. When you look in the mirror in the morning it is important that you are anxious to get to work because you enjoy the practice of law. Equally important is that prior to going to sleep at night you can look at yourself in the mirror and know that you have done the best for your client and that you have not compromised their position or your personal ethics. We deal in a work place where settlements and compromises are the norm. Be absolutely certain that you don’t get into the gray areas of professional ethics. You will quickly find, if you have not already done so, that when you are in the gray area and are tempted by economic gain it is easy to rationalize your position and the outcome of litigation or the result in the case. Problems arise when you remain in the gray area too long, your perception of the demarcation between the black and white lines become burred. Don’t compromise your values for a client or for money. You should be motivated by your continued search for truth and honesty as Diogenes, the Greek philosopher, rather than the amassing of a collection of green and white photographs of dead presidents in your drawer. ============================How to Survive the Practice of Law and Retain Your Integrity Your personal and professional reputation is the only true marketable asset you possess. (Don’t lie cheat, or steal). The practice of law is a business – don’t take it personally. (Retain your objectivity and play fair). The practice of law is stressful enough; personally attacking your opponent is not only unwise but will shorten your professional and personal life. Never put he crusade ahead of the client. You are hired by the client o give advice and direction. Don’t sacrifice his or her case for your personal goals, aspirations, or retaliations. If you don’t like the client or the case, you will probably neglect it or malpractice it—refer it out. Don’t play fast and loose with your opponent, the Judge, or in your pleadings. Honestly answer the discovery and pre-trial motions and don’t hedge and compromise your integrity. Remember when you called other lawyers to get their assessment of your opponent’s practice of a case? Your new opponents are now seeking knowledge as to your reputation in the legal community as to whether or not you are honest and straightforward or dishonest, willing to cut corners, and willing to mislead the Court and your opponent. Greed will destroy you! Don’t pad your hours, don’t duplicate energies, don’t file unnecessary motions, and don’t string out the case. Don’t compromise your personal and professional ethics. Don’t let others who have an interest in the case or who are paying the freight distract you—your loyalties are to your client and your client alone. Protect yourself: Document your actions and accounts receivable, maintain a good working file, copy significant correspondence to your client, and keep a tickler system for deadlines. If you are unavailable, have your secretary or associate keep the client advised. Your secretary, receptionist, associates, and office environment are all reflections of you. Be cognizant of their impact and importance on the perception by the client and others. Be appreciative of your staff and of a returned phone call. =============================Photo Credit: By Anonymous (Germany, 17th century, by a member of the Tischbein family according to an old label) (Nagel Auktionen http://www.auction.de) [Public domain], via Wikimedia Commons Photo caption : When people asked Diogenes – as he knew they would – why he carried a lantern, he answered, "I am seeking an honest man."   ===========================  Frank Mascagni, III has been practicing criminal law for over 34 years in Louisville, KY and is recognized by Best Lawyers in America in the area of Criminal Defense. He can be reached at (502) 583-2831.

‘Mr. Pink’ Tells All In New Book: =================================================================  Attorney Frank Mascagni, III represented one of the four charged co-defendants after their arrests following a theft of some rare books on December 17, 2004 from the campus library of Transylvania University. The case was prosecuted in Federal Court and all four men settled the case by a negotiated plea agreement before trial. One of the co-defendants, Chas Allen, recently released a book about his role in the heist. A review of the book follows: ========================================================================== December 7, 2010 by Erin Brock Staff, The Rambler, Transylvania University's Student Newspaper: ******************************** One of the most notorious events in the long history of both Transylvania University and Lexington, Ky., as well as one of the FBI’s most significant art thefts, has been brought back into the spotlight.    Brothers Charles (left) and Blake (right) Allen share a moment of brotherly bonding despite Charles’ 87-month incarceration. On Dec. 17, 2004, three students enrolled at the University of Kentucky and one Transy student stole multiple rare books from the special collections library located in the campus library. One of the perpetrators, Charles (Chas) Allen, has recently released a book about his role in the heist.   “Mr. Pink: The Inside Story of the Transylvania Book Heist” offers up Chas Allen’s personal take on what happened on that December day, as well as the events which led up to the heist. Of the four who were convicted of the theft, Allen is the only one that has remained silent about the case — until now. “Chas really just wanted people to know his side of the story, so they could learn from his mistakes,” said Blake Allen, Chas’ younger brother. Chas Allen, Eric Borsuk, Warren Lipka and Spencer Reinhard, the one of the group who was a Transy student and member of the soccer team, scheduled an appointment to see the rare books and bolted with some of the collection. Among these were a set of medical dictionaries that had once belonged to President Thomas Jefferson and were published around 1500, a collection of drawings and a short text by John James Audubon written before 1850, a first edition of Charles Darwin’s “On the Origin of Species” published in 1859 and an illuminated manuscript dated circa 1425. Soon, the group tried to sell the books through the famous New York auction house Christie’s, but they were caught a few months afterward. The authorities were able to trace the books back to the group through a phone number, a chain of e-mails and security camera footage. Blake and his younger sister Sydney helped to compile their brother’s writings into a manuscript to be self-published and are now working on publicizing the book in different ways. “Right now we are spreading the word locally through the local media outlets and just through word of mouth through friends and family. Also, the local bookstores have been doing a great job of getting the book to the community,” Allen said. “We also have the webpage on the back of the book and have been in contact with an agent out of Louisville (Ky.) to push it nationwide.” The official site of the book, http://whoismrpink.com, contains a blog which Allen updates with news about the book release as well as the tour of colleges. To date, Western Kentucky University and Miami University of Ohio have been visited. “As for the college tour, my roommates and I are trying to visit and promote the book at all of the colleges where our friends go to, Auburn (University), Ole Miss (the University of Mississippi), LSU (Louisiana State University), (the University of) Georgia, (the University of) Alabama. We are also trying to visit (the University of) Arizona, (the University of) South Carolina and SMU (Southern Methodist University), but we would love to come to Transy and set something up and spread the word because it is a huge piece of history for that campus especially,” Allen said. The book is a first-person narrative that tells the story of Chas Allen’s life during his first two years of college. Most characters in the book are presented under the aliases they borrowed from the movie “Reservoir Dogs,” but Chas’s brother Blake appears as himself. Allen was 14 and 15 years old during the time that the book portrays. “It was who I was at the time; it just reminds me of the good stories that I had with my older brother outside of the prison setting,” said Allen. Chas Allen, who was 20 at the time of the heist, is being held at the Federal Medical Center just outside Lexington, Ky. He has served approximately five years of his 87-month sentence to date. He is projected to be released in May 2012 as a result of good behavior. “My thoughts about my brother have never changed; I will always love and support him no matter what happens in our lives,” Allen said. “Even though he made a mistake I have completely supported him through this because I know that he would do the same for me.” The release of this book brings up some memories within the Transy community. Jack Girard, the department chair for fine arts, was Spencer Reinhard’s academic adviser. “I don’t think a tell-all book will generate any change in perception … long- or short-term,” Girard said. “I think the truth is these were privileged kids of upper-middle-class economic means who thought they were ‘smarter than the average bear.’ … The real truth — the scenario, however, … reeked of self-indulgence and gross arrogance … among other things. In retrospect … it was, and (in its retelling) is, a comedy of errors. And I believe an independent film production group is now looking at the story in that very light.” ********************************Copies of “Mr. Pink” are available at the following local bookstores: Joseph-Beth Booksellers, Kennedy’s Bookstore, Black Swan Books, Morris Book Shop and Reincarnated Books. They can also be found at Ricardo’s Bar and Grill in Versailles, Ky.  

Industry Group(s): UNITED STATES VS. SPENCER REINHARD

Prosecutorial Accountability Preface - (2009)

A new book was recently published: Prosecutorial Accountability: How the Courts and Legislature Protect Prosecutors from Accountability for Violations of Laws, Ethical Rules & Citizen's Rights written by Judge Stan Billingsley (Ret.).  I received my copy on October 5, 2009 and was honored to write a Preface to the book.  A copy of the front and back covers of the 274 page book with Preface can be seen by clicking the link below under the RESUME/CV section. 

Industry Group(s): Criminal Defense Litigation

TAKE CARE OF YOUR REPUTATION, IT'S YOUR MOST VALUABLE ASSET

****************************************************************************STATEWIDE ARTICLE ON ETHICS I WROTE FOR THE SEPTEMBER 2011 EDITION OF ATTORNEY AT LAW MAGAZINE, GREATER METRO LOUISVILLE: Take Care of Your Reputation It’s Your Most Valuable Asset By Frank Mascagni, III =========================================================TEN COMMANDMENTS FOR LAWYERS  I.  Have a clear understanding of why you are being retained and by whom. II.  Have a clear written understanding as to the fee arrangement and fee division. III.  Answer your phone calls promptly. IV.  Keep your clients informed. V.  Treat your clients with dignity and courtesy. VI.  If you say you are going to do something, do it. VII.  Never lie to a client. VIII. Use EXTREME CAUTION in business dealings with clients. IX.  Don’t become amorous with clients. X.  Have an Escrow account and Attorney account and know when and how to use each.  *********************************As lawyers, whether you practice civil or criminal law, it is imperative we understand our roles as litigators, which is sometimes misunderstood – even by counsel. As practitioners of law, whether civil or criminal, we both play an important part in making certain that the guarantees of our State and Federal Constitution, their laws and their Bill of Rights protect everyone. Whether you negotiate or litigate, your role is essential to assuring a positive outcome for your client. We enjoy greater freedom in the United States than in any other society in the world. Therefore, vigorous and fair treatment to those involved in a legal proceeding is essential to an ordered society. We enjoy greater freedom in the United States than in any other society in the world.   In discussing general considerations for practitioners of law, we must first understand the system and our roles. Equally important to the understanding of our roles is the understanding of the limitations of your role. Traditionally, attorneys have been stereotyped as creatures whose job is to get his or her client off or secure a judgment at all costs. Equally as untrue is the stereotype of the prosecutor or the plaintiff’s lawyer whose job it is to get a conviction or judgment at all costs. Both of these stereotypes are false and if you practice law this way, you will certainly shorten your personal and professional life. Whether you practice civil or criminal law, you don’t want to have your reputation tarnished, neglect or malpractice the case, get sued by a disgruntled client, or be subjected to a claim of ineffective assistance of counsel, or accused of professional misconduct. Take care of your reputation, it’s your most valuable asset, or you run the grave risk of breaching the cannons of ethics and facing the ethics Tribunal with a violation of unethical behavior. While practicing the case, don’t forget to communicate with your client. Problems will arise if the client feels neglected, slighted, disrespected or forgotten, while you are “fighting the good fight” on their behalf. ================================================================ Here’s WHY You Take Care of Your Reputation “What we’ve got here… is failure to communicate.”  (A famous line from the 1967 film Cool Hand Luke. Spoken by The Captain, the imperious prison warden played by Strother Martin.) ******************************************The total number of formal Complaints filed against attorneys has been on the increase for the last several years. For the fiscal year 2009-2010, there were a total of 1,306 “disciplinary files” closed by the Kentucky Bar Association. 928 were dismissed, either by the Inquiry Commission or pursuant to SCR 3.160(3), which provides an informal diversion method for addressing less serious violations. Private admonitions were the result in 52 complaint cases. The major areas of complaint were:  • Communications……………349  • Diligence……………………….331  • Client Property………….…..202  • Fees………………………….…  119  • Competence…………………..117    Total:         1,118 The balance of the Complaints were disposed of:  • 74 Supreme Court Renditions (disbarment, suspension, public reprimand or  dismissal)   • 252 Cases were procedurally insufficient and returned to the Complainant   For the last several years there has been in excess of 1,000 Complaints filed each year with the Kentucky Bar Association with a current Bar Membership of over 16,000 KBA members. It is painfully obvious that many lawyers are not versed in the art/ skill of communication / client public relations. Practicing attorneys need to pay more attention to their phone calls received, client letters received and conversations with a client in person at their office. It needs to be clearly explained to the client that there will be times where there will be no activity in the case as the case progresses. The lawyer needs to explain his/her  procedure (in person and in writing) in responding to phone calls, letters and significant events as the case unfolds. The client needs to understand that there are always open lines of communication through the lawyer’s secretary, receptionist, law clerk, associates or assigned office personnel when he/she is unavailable.  The lawyer needs to develop form letters and/or cover letters to send to his/her clients on a regular basis keeping the client constantly informed as to the progress being made in the case.  Clients get anxious when they don’t receive an immediate returned phone call or reply to a letter they wrote to the lawyer. The vast majority of all KBA complaints begin with a claim of the lack of communication with the lawyer and then address other grievances (diligence, competence, etc.). It is the lawyer’s job to keep his/her client informed each step along the way. This communication will certainly help the attorney-client relationship and keep the lawyer from being named as a Respondent in an ethical Complaint.   *********************************************************The rules to avoid a Bar complaint are really quite simple. Perhaps Coach John Wooden’s much quoted views will shed some light on the topic: Coach Wooden's "Two Sets of Threes"  written by his son, John Wooden:  "My father had what he called his 'two sets of threes.'  They were direct and simple rules aimed at how he felt we should conduct ourselves in life.   The first set was about honesty:  1. Never lie. 2. Never cheat. 3. Never steal.  It required no explanation.  My brothers and I knew what it meant and that he expected us to abide by it.  The second set of threes was about dealing with adversity:  1. Don't whine. 2. Don't complain. 3. Don't make excuses.  Some people today may think these are naive or kind of corny.  But think a moment about what they mean and who you become if you abide by them.  That isn't naive.  You don't become corny.  Dad's two sets of threes were a compass for me in trying to do the right thing and behaving in a proper manner." - John Wooden   ***************************************************************************  Frank Mascagni, III has been practicing criminal law for over 34 years in Louisville, KY and is recognized by Best Lawyers in AmericaÒ in the area of Criminal Defense. He can be reached at (502) 583-2831.

Industry Group(s): ATTORNEY AT LAW MAGAZINE, SEPTEMBER 2011


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