Ben Allen, Author at Gess Mattingly & Atchison, P.S.C.

U.S. Supreme Court: Defendant Did Not “Open the Door” for a Confrontation Clause Violation

The Sixth Amendment to the United States Constitution guarantees defendants the right to confront witnesses against them. On January 20, 2022, the United States Supreme Court held, in an 8-1 opinion in Hemphill v. New York, that the defendant, Darrell Hemphill, did not "open the door" to a violation...

Kentucky Supreme Court Update: Court Holds Commonwealth Cannot Punish Drivers for Refusing Warrantless DUI Blood Tests

Kentucky's DUI statutes have long stated that Kentucky drivers implicitly consent to blood, breath, or urine tests to determine whether their blood alcohol levels ("BACs") are above the legal limit. Those drivers who refused these tests faced significant penalties, including the suspension of their...

Kentucky Supreme Court Update: Court Clarifies “Unnecessarily Complicated” Process to Revive Civil Actions

By: Stefan Bing In Estate of John C. Benton, Jr. by Mary M. Marcum, as Executrix v. Tim Currin, et al., the Kentucky Supreme Court resolved an outstanding procedural question regarding the revival of an action upon the death of a party and the substitution of the party’s personal representative....

GMA Attorney Stefan J. Bing Elected Shareholder

Gess Mattingly & Atchison PSC is pleased to announce that Stefan J. Bing has been named a shareholder in the firm effective January 1, 2021. Mr. Bing focuses his practice on commercial, appellate, and construction litigation. He is a 2005 graduate of Case Western Reserve University and a 2012 gr...

Compassionate Release in the Age of COVID-19

What is Compassionate Release? Federal law recognizes that, in certain circumstances, an inmate's terminal illness, age, sickness, debilitation, or extreme family circumstances outweigh the need for further imprisonment. The Sentencing Reform Act of 1984 allows incarcerated individuals to seek re...

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A Tradition of Excellence

U.S. Supreme Court: Defendant Did Not “Open the Door” for a Confrontation Clause Violation

Kentucky Supreme Court Update: Court Holds Commonwealth Cannot Punish Drivers for Refusing Warrantless DUI Blood Tests

Kentucky Supreme Court Update: Court Clarifies “Unnecessarily Complicated” Process to Revive Civil Actions

GMA Attorney Stefan J. Bing Elected Shareholder

Compassionate Release in the Age of COVID-19

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