Stewart v. Commonwealth (2010)
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· 19 citation events
across 4 courts.
Showing the 11 strongest citers on record
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Williams v. Commonwealth (2011)
Stewart v. Commonwealth, 306 S.W.3d 502, 506 (Ky.2010). 4 .
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Michael Garland v. Commonwealth of Kentucky (2024)
Stewart v. Commonwealth, 306 S.W.3d 502, 508 (Ky. 2010).
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Donnie Campbell v. Commonwealth of Kentucky (2023)
He stated that he sometimes wears the neck brace when he sleeps, 18 See, e.g., Stewart v. Commonwealth, 306 S.W.3d 502, 508 (Ky. 2010). 26 and when he does not his neck becomes stiff and “pops.” However, during cross-examination he acknowledged that he has not sought any additional medical care for his neck, that he did not have any follow up care after the attack other than having his staples removed, and that he has continued to work detailing cars.
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Kacy Lee Sigrist v. Commonwealth of Kentucky (2022)
In Collins, the Court held that the appellant’s convictions for first-degree promoting contraband and first-degree possession of a controlled substance violated double jeopardy “because both crimes did not require proof of an additional fact that the other did not.” Id. at 59 (citing Stewart v. Commonwealth, 306 S.W.3d 502, 505 (Ky. 2010) (“Possession of a controlled substance does not require proof of an additional fact that promoting contraband does.”)). “[T]he remedy for …
“Possession of a controlled substance does not require proof of an additional fact that promoting contraband does.”
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Clint Collins v. Commonwealth of Kentucky (2021)
Stewart v. Commonwealth, 306 S.W.3d 502, 505 (Ky. 2010) (“Possession of a controlled substance does not require proof of an additional fact that promoting contraband does.”).
“Possession of a controlled substance does not require proof of an additional fact that promoting contraband does.”
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Commonwealth of Kentucky v. Johnnie Douglas (2018)
The test for harmless error “is whether it appears ‘beyond a reasonable doubt that the error . . . did not contribute to the verdict obtained.’” Stewart v. Commonwealth, 306 S.W.3d 502, 508 (Ky. 2010) (quoting Neder v. United States, 527 U.S. 1, 2 (1999)).
quoting Neder v. United States, 527 U.S. 1, 2 (1999)
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Tremel J. Smith v. Commonwealth of Kentucky (2017)
"In applying the Blockburgertest, the focus is on the proof necessary to prove the statutory elements of each offense rather than on the actual evidence which would be presented at trial." Stewart v. Commonwealth, 306 S.W.3d 502, 505 (Ky. 2010) (citing Mack v. Commonwealth, 136 S.W.3d 434, 438 (Ky. 2004)).
citing Mack v. Commonwealth, 136 S.W.3d 434, 438 (Ky. 2004)
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Young v. Commonwealth (2014)
Despite this general rule, however, this Court has held that “[a]n erroneous instruction that omits an element of the offense ... is subject to harmless-error analysis,” id., though the Commonwealth bears the burden of this assertion, Stewart v. Commonwealth, 306 S.W.3d 502, 508 (Ky.2010) (citing Harp v. Commonwealth, 266 S.W.3d 813, 818 (Ky.2008)).
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Timothy Hatton v. Commonwealth of Kentucky (2016)
See Stewart v. Commonwealth, 306 S.W.3d 502, 508 (Ky. 2010).
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Graves v. Commonwealth (2012)
See Stewart v. Commonwealth, 306 S.W.3d 502, 508 (Ky.2010) (“When a prior misdemeanor conviction is used to enhance a subsequent of fense to a felony, as purportedly occurred here, the jury must make the finding with respect to the prior conviction during the penalty phase.”).
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Wiglesworth v. State (2011)
See also Stewart v. Commonwealth, 306 S.W.3d 502, 506 (Ky.2010) (holding that continued possession of contraband is a single course of conduct that gives rise to a only single offense); Fulcher v. Commonwealth, 149 S.W.3d 363, 376 (Ky.2004) (approving other jurisdictions' conclusion that "uninterrupted possession of the same contraband over a period of time is but one offense constituting a continuing course of conduct, precluding convictions of multiple offenses for possess…