J. Vincent Aprile II

vaprile@lynchcox.com

Areas of Practice

Criminal Law (Trials, Appeals & Post-Conviction, State & Federal Courts)

Appellate Practice

Employment Law

Litigation

Bar Admissions

Supreme Court of Kentucky, 1968

U. S. Court of Military Appeals, 1969

U. S. Army Court of Military Review, 1970

U. S. Court of Claims, 1971

U. S. Supreme Court, 1973

U. S. Court of Appeals for the Sixth Circuit, 1973

U. S. District Court for the Western District of Kentucky, 2006

U. S. District Court for the Eastern District of Kentucky, 2007

Education

George Washington University Law School, Washington, District of Columbia

L.L.M. – 1973 (Criminal Law, Psychiatry, and Criminology)

Louis D. Brandeis School of Law, University of Louisville, Louisville, Kentucky

J.D. – 1968

Bellarmine University, Louisville, Kentucky, B.A. – 1965

Published Works

“Revisory and Supervisory Writs in the Kentucky Supreme Court: A Constitutional Perspective,” BarBriefs, Louisville Bar Association, Louisville, Kentucky, October, 2015

“It Ain’t Over Till the Appellate Courts Sing: Criminal Defense Appellate Litigation,” Careers in Criminal Law, Chapter Author, American Bar Association 2010

“Public Defenders, Official Duties, and the First Amendment: Applying Garcetti v. Ceballos,” Criminal Justice Magazine, American Bar Association, Summer, 2007

“Appellate Judicial Recusal: The Forgotten Disqualification Motion,” BarBriefs, Louisville Bar Association, Louisville, Kentucky, June 2007

“Client Perjury: When Do You Know the Defendant is Lying?” Criminal Justice Magazine, American Bar Association, Fall, 2004, selected for inclusion in the “Best Articles Published by the ABA,” GPSolo magazine, March 2005

Criminal Justice Matters Column, author, Criminal Justice Magazine, Criminal Justice Section, American Bar Association, 1992-present

“Judicial Imposition of the Trial Tax,” Criminal Justice Magazine, Spring 2014, selected for inclusion in the “Best Articles Published by the ABA,” GPSolo magazine, January/February 2015

“Defending the Elderly,” Criminal Justice Magazine, Spring 2012, selected for inclusion in the “The Best of ABA” GP Solo magazine, September/October 2012

“Limiting the Government’s Economic Warfare,” Criminal Justice Magazine, Spring 2010, selected for inclusion in the “Best Articles Published by the ABA,” GP Solo magazine, September 2010

“Ghostwriter: The New Legal Superhero?” Criminal Justice Magazine, Summer 2008, selected for inclusion in the “Best Articles Published by the ABA,” GP Solo magazine, March 2009

Report of the Federal Courts Study Committee, (Committee Member), April 2, 1990

Report of the Committee to Review the Criminal Justice Act, January 29, 1993 (Committee Member), Published in the Criminal Law Reporter (Bureau of National Affairs) Vol. 52, no. 22, March, 1993

The Child Witness in Criminal Cases, Task Force on Child Witnesses, (Member), Criminal Justice Section, American Bar Association, 2002

“Pro Bono Service in Criminal Cases is Neither Mandatory nor Ethical” (Co-Author), The Defender, New York State Defenders Association, March 1991

“The Art of Impeachment,” Mercer Law Review, Vol. 42, No. 2, Winter, 1991

“Pro Bono Service in Criminal Cases is Neither Mandatory nor Ethical” (Co-Author), ABA Criminal Justice Magazine, Vol. 5, No. 3 (Fall 1990),

“Brandeis Brief: Counselor’s Duty to Raise Issues on Appeal,” Louisville Law Examiner, Vol. 8, No. 6, April, 1983

The Path From Freedom: Collected Responses to the Report of the Attorney General’s Task Force on Violent Crime (Contributing Author & Editor), National Legal Aid & Defender Association, 1981

“Quandries & Quagmires: Ethical Questions for Public Defenders,” National Legal Aid & Defender Association Briefcase, Vol. 38, Nos. 3 & 4, Winter, 1981

“Plea Bargaining and the Vindictive Prosecutor,” Criminal Defense, Vol. 4, No. 4, July-August, 1977

The Advocate, a Bi-Monthly Publication of the Department of Public Advocacy, (Contributor and Columnist), 1978 – 1999

Representative Cases

Bordenkircher v. Hayes, 434 U.S. 357 (l978) (“vindictive prosecutor” case)

Taylor v. Kentucky, 436 U.S. 478 (1978) (“presumption of innocence” instruction)

Rawlings v. Kentucky, 448 U.S. 98 (1980) (“reasonable expectation of privacy” in girlfriend’s purse)

Griffith v. Kentucky, 479 U.S. 314 (1987) (retroactive application of new constitutional rules)

Pillersdorf v. Dept. of Public Advocacy, Ky., 890 S.W.2d 616 (1994)

McCracken County Fiscal Court v. Graves, Ky., 885 S.W.2d 307(1994)

Commonwealth v. Reyes, Ky., 764 S.W.2d 62 (1989)

Classes/Seminars

Lecturer, Brandeis School of Law, University of Louisville, 1975-1983

Faculty Member, National College of Criminal Defense, Trial Practice Institute, Houston, Texas, 1979 – 1983

Faculty Member, National Criminal Defense College, Trial Practice Institute, Macon, Georgia, 1985 – 2008

Continuing legal education trainer/presenter who has trained lawyers in thirty-five or more states, the District of Columbia, Puerto Rico, Canada and Russia, 1978 – present

Member, trial advocacy teaching teams, selected and sponsored by the Southeastern Institute for Law & Commerce, Nashville, Tennessee, that trained Russian criminal defense lawyers in jury trial skills during five-day institutes in Moscow (June 1995) and St. Petersburg (November 1995)

Lecturer, 60th Cadet Training Course, Kentucky State Police Academy, Frankfort, Kentucky, 1983

Faculty, Annual Summer Institute for Paralegal Studies, Department of Paralegal Studies, Midway College, Midway, Kentucky, 1980-83

Faculty, Judicial College of the Kentucky Circuit Judges, Louisville, Kentucky, 1978

Faculty, Statewide Training Seminar for Kentucky District Judges, Richmond, Kentucky, 1978

Faculty, In-Service Detectives Annual Training, Fayette County Police Department, Lexington, Kentucky, 1978-79

Instructor, Kentucky State University, Frankfort, Kentucky, Criminal Justice Department, Fall, 1975

Speech Instructor, University of Maryland, University College, Far East Division, Seoul, Korea, (3 terms), 1969-70

Speech Instructor, Passionist Fathers’ Seminary, Louisville, Kentucky, (1 semester), 1966-67

Honors and Awards

Recipient, the Louisville Bar Association’s 2012 Distinguished Service Award, January, 2012

Recipient, the 2004 Frank E. Haddad, Jr. Award, the Kentucky Association of Criminal Defense Lawyers’ highest award, given “in recognition of the exceptional contributions by an attorney of sustained impact on behalf of citizens accused or convicted of a crime.”

Inaugural Recipient, The Gideon Award, Kentucky Department of Public Advocacy, which “recognize[s] those who helped ‘to bring the dream of Gideon v. Wainwright’” to reality, 1993

Appointee of Chief Justice Rehnquist, U.S. Supreme Court, to the fifteen-person Judicial Conference Federal Courts Study Committee, 1988 – 1990

Appointee of Chief Justice Rehnquist, U.S. Supreme Court, to the nine-person Judicial Conference’s Committee to Review the Criminal Justice Act, 1991 – 1993

Honorary Admission, the U.S. Claims Court, Washington, D.C., conferred in a Special Session on November 28, 1990

Honorary Admission, the Bar Association of St. Petersburg, Russia, November, 1995

Professional Associations and Memberships

Kentucky Bar Association, Member, 1968-present

American Bar Association Member, 1989 – present

Louisville Bar Association, Member, 2004- present

Ethics Advisory Committee, Co-Chair, National Association of Criminal Defense Lawyers, 2010 – present

Criminal Justice Council, Member, Criminal Justice Section, American Bar Association, Member, 1997-2010

Board of Directors, Director, National Legal Aid and Defender Association, 1982-89, 1991-96

Executive Committee, Member, National Legal Aid & Defender Association, 1982-83, 1987-88

Liaison, National Legal Aid & Defender Association, to the National Association of Criminal Defense Lawyers, 1981-83

Board of Directors, Director, National Association of Criminal Defense Lawyers, 1983-85

Editorial Board, Member, Criminal Justice Magazine, Criminal Justice Section, American Bar Association, 1989 – 2012, 2014 – present

Editorial Board, Chair, Criminal Justice Magazine, Criminal Justice Section, American Bar Association, 1991-93, 2005-09

Editorial Board, Vice-Chair, Criminal Justice Magazine, Criminal Justice Section, American Bar Association, 1990-1991

Task Force on the Prosecution and Defense Function Standards, Member, Criminal Justice Standards, American Bar Association, 2006-2009

Bar Information Program Advisory Group, Member, Standing Committee on Legal Aid and Indigent Defense, American Bar Association, 1985-1995

Membership Committee, Inaugural Co-Chair, Criminal Justice Section, American Bar Association, 2006-2009

Death Penalty Litigation Section, Inaugural Chair, National Legal Aid & Defender Association, 1989-1999

Defender Council, Member, National Legal Aid & Defender Association, 1981-89, 1991-96

Defender Committee, Chairperson, Defender Committee, Chairperson, National Legal Aid & Defender Association, 1982-84

Kentucky Bar Association, Criminal Law Section, Chairperson, 1981-1982, 1985-1986, 1989-1990

Louisville Bar Association, Criminal Law Section, Chair, 2015 & 2016

Louisville Bar Association, Appellate Section, Chair, 2007

Kentucky Association of Criminal Defense Lawyers, Member, present

Kentucky Association of Criminal Defense Lawyers, Founding Member and Member, Board of Directors, 1987-1999

Kentucky Association of Criminal Defense Lawyers, Chairperson, Amicus Curiae Committee, 1990-99

Bellarmine University, Member, Alumni Association Board of Directors, 2015-present

Bellarmine University, Mentor, Alumni-Student Mentoring, 2015, 2016

Past Employment Positions

Kentucky Department of Public Advocacy, Frankfort, Kentucky, trial, appellate and post-conviction litigator, state and federal courts, 1973 – 2003

Director, Appellate Division, Kentucky Department of Public Advocacy, 1976 – 1980

Director, Professional Development, Kentucky Department of Public Advocacy, 1980 – 1982

General Counsel, Kentucky Department of Public Advocacy, 1982 – 1999

Manager, Death Penalty Post-Conviction Division, Kentucky Department of Public Advocacy, 1999 – 2003

Captain, Judge Advocate General Corps, U. S. Army, 1969-1973

Defense counsel and prosecutor, courts-martial, Field Army Support Command, U. S. Army, Seoul, Korea, July 1969 – August 1970

Appellate Defense Counsel, Defense Appellate Division, U. S. Army, Falls Church, Virginia, representing military defendants before the Army Court of Military Review and the U. S. Court of Military Appeals, August 1970 – May 1973

Enlisted, U. S. Army, September 1968- May 1969