ability test (Kentucky) · Go Syfert
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ability test in Kentucky

5 Kentucky opinions name it 2 courts 1995–2026 2 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Fischer v. Fischergreen
ky · 2006 · cited in 1 Kentucky opinions naming this issue, 2026–2026
1 sentence

2026Likewise, we will not consider Smith’s lengthy argument related to DOC being a market participant and the consequences of this on its ability to claim immunity under the dormant Commerce Clause of the Constitution of the United States, because this Court “is without authority to review issues not raised in or decided by the trial court.” Fischer v. Fischer, 197 S.W.3d 98, 102 (Ky. 2006). -5- Commonwealth within the definition of an employer.

11
Howard v. Commonwealthgreen
ky · 1989 · cited in 1 Kentucky opinions naming this issue, 2010–2010
1 sentence

2010Howard v. Commonwealth, 777 S.W.2d 888, 889 (Ky.1989) (failure to attack validity of prior conviction when charged as second-degree PFO bars future challenge when charged as first-degree PFO). 10 The “waiver logic” discussed in Hoiuard was endorsed in Graham v. Commonwealth, 952 S.W.2d 206 (Ky.1997) and again in Commonwealth v. Hodges, 984 S.W.2d 100, 102 (Ky.1998) (defendant who had previously entered guilty plea to DUI, fourth offense, without challenging the three prior DUI convictions on which it was based, and was currently charged as a second-degree PFO, waived any alleged Boykin violati

11
Commonwealth v. Hodgesgreen
ky · 1998 · cited in 1 Kentucky opinions naming this issue, 2010–2010
1 sentence

2010Howard v. Commonwealth, 777 S.W.2d 888, 889 (Ky.1989) (failure to attack validity of prior conviction when charged as second-degree PFO bars future challenge when charged as first-degree PFO). 10 The “waiver logic” discussed in Hoiuard was endorsed in Graham v. Commonwealth, 952 S.W.2d 206 (Ky.1997) and again in Commonwealth v. Hodges, 984 S.W.2d 100, 102 (Ky.1998) (defendant who had previously entered guilty plea to DUI, fourth offense, without challenging the three prior DUI convictions on which it was based, and was currently charged as a second-degree PFO, waived any alleged Boykin violati

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
University of Louisville v. Rothstein, Mark green
ky · 2017
1 sentence

2026Nor would it have been necessary for the Supreme Court of Kentucky in Rothstein, 532 S.W.3d 644 , to determine whether the General Assembly’s waiver of sovereign immunity on contracts actions based on lawfully authorized written contracts with the Commonwealth, KRS 45A.245(1), applied to employment contracts.

12026–2026
Commonwealth, Department of Corrections v. Engle green
ky · 2010
1 sentence

2022Engle, 302 S.W.3d at 63 .

12022–2022
Combs v. Commonwealth green
ky · 2002
2 sentences

2019In Combs, we reversed the trial court, as there was “no evidence that the trial court even considered whether it could permit Williams to testify and limit the scope of the Commonwealth’s cross-examination without prejudicing the Commonwealth’s ability to test the truth of Williams’s testimony.” Id.

2019McLemore argues that, while Simonton’s counsel’s advice was that his client assert his Fifth Amendment privilege concerning testimony in this case, the parties did not conduct a “dry run” of the questions in order to determine, in line with Combs, whether Simonton’s privilege could be asserted as to some issues without impairing “the Commonwealth’s ability to test the truthfulness of the testimony through cross-examination.” Combs, 74 S.W.3d at 745 .

12019–2019
Graham v. Commonwealth neutral
ky · 1997
1 sentence

2010Howard v. Commonwealth, 777 S.W.2d 888, 889 (Ky.1989) (failure to attack validity of prior conviction when charged as second-degree PFO bars future challenge when charged as first-degree PFO). 10 The “waiver logic” discussed in Hoiuard was endorsed in Graham v. Commonwealth, 952 S.W.2d 206 (Ky.1997) and again in Commonwealth v. Hodges, 984 S.W.2d 100, 102 (Ky.1998) (defendant who had previously entered guilty plea to DUI, fourth offense, without challenging the three prior DUI convictions on which it was based, and was currently charged as a second-degree PFO, waived any alleged Boykin violati

12010–2010
West Bay Exploration Company v. Aig Specialty Agencies Of Texas, Inc. green
ca6 · 1990
2 sentences

1995“Prejudice will be found where the delay ‘materially’ impairs an insurer’s ability to test its liability to an insured or the liability of an insured to a third party.” West Bay Exploration Co. v. AIG Specialty Agencies, Inc., 915 F.2d 1030 , 1036-37 (6th Cir., 1990).

1995"Prejudice will be found where the delay `materially' impairs an insurer's ability to test its liability to an insured or the liability of an insured to a third party." West Bay Exploration Co. v. AIG Specialty Agencies, Inc., 915 F.2d 1030 , 1036-37 (6th Cir., 1990). *335 For the reasons stated above, I would affirm the opinion of the Court of Appeals.

11995–1995

Where else courts name it

CA 97 (1964–2026) IL 86 (1976–2026) PA 78 (1975–2026) OH 56 (1982–2026) IN 54 (1973–2025) TX 42 (1984–2025) MD 33 (1970–2021) NY 27 (1967–2026) WA 27 (1996–2026) MI 24 (1987–2025) FL 21 (1990–2025) NC 21 (1980–2023) KS 16 (1974–2025) CT 14 (1995–2024) CO 12 (1987–2026) OR 12 (1999–2026) DC 11 (1980–2023) NJ 10 (1993–2023) AZ 10 (1914–2023) IA 8 (2000–2021) LA 8 (1977–2016) TN 8 (2002–2023) NV 8 (2010–2024) DE 8 (1993–2024) MO 7 (1994–2020) AR 7 (2013–2024) WI 7 (1981–2026) NM 7 (1981–2024) UT 6 (1982–2014) ID 6 (2007–2022) ND 5 (2007–2023) MA 5 (2003–2023) ME 5 (1991–2025) SD 5 (1978–2026) KY 5 (1995–2026) AK 5 (1983–2025) SC 4 (2007–2025) MN 4 (2001–2014) MT 4 (1994–2022) VT 4 (2016–2026) NE 4 (1992–2026) RI 3 (1997–2011) OK 3 (1990–2013) HI 3 (2006–2014) MS 3 (1994–2005) VI 3 (2001–2017) AL 3 (1987–2024) WY 2 (2003–2025) GA 2 (2019–2020) VA 2 (2013–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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