5 Kentucky opinions name it 2 courts 2002–2023 1 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.
| Case | Followed | Cited |
|---|---|---|
Stidham v. Clarkgreen2 sentences2023See Commonwealth v. Steadman, 411 S.W.3d 717, 724 (Ky. 2013) (an issue can be waived through inaction). -8- “Because privileges operate to exclude relevant evidence, ‘[t]he party asserting the privilege has the burden to prove the privilege applies.’” Stidham v. Clark, 74 S.W.3d 719, 725 (Ky. 2002) (quoting United States v. Plache, 913 F.2d 1375, 1379 (9th Cir. 1990)). 2018Because evidentiary privileges operate to exclude relevant evidence, "[t]he party asserting the privilege has the burden to prove the privilege applies." Stidham v. Clark, 74 S.W.3d 719, 715 (Ky. 2002) (quoting United States v. 8 Plache, 913 F.2d 1375, 1379 (9th Cir. 1990)). | 3 | 3 |
United States v. Richard Plache James Attariangreen2 sentences2023See Commonwealth v. Steadman, 411 S.W.3d 717, 724 (Ky. 2013) (an issue can be waived through inaction). -8- “Because privileges operate to exclude relevant evidence, ‘[t]he party asserting the privilege has the burden to prove the privilege applies.’” Stidham v. Clark, 74 S.W.3d 719, 725 (Ky. 2002) (quoting United States v. Plache, 913 F.2d 1375, 1379 (9th Cir. 1990)). 2018Because evidentiary privileges operate to exclude relevant evidence, "[t]he party asserting the privilege has the burden to prove the privilege applies." Stidham v. Clark, 74 S.W.3d 719, 715 (Ky. 2002) (quoting United States v. 8 Plache, 913 F.2d 1375, 1379 (9th Cir. 1990)). | 3 | 3 |
Commonwealth v. Steadmangreen1 sentence2023See Commonwealth v. Steadman, 411 S.W.3d 717, 724 (Ky. 2013) (an issue can be waived through inaction). -8- “Because privileges operate to exclude relevant evidence, ‘[t]he party asserting the privilege has the burden to prove the privilege applies.’” Stidham v. Clark, 74 S.W.3d 719, 725 (Ky. 2002) (quoting United States v. Plache, 913 F.2d 1375, 1379 (9th Cir. 1990)). | 1 | 1 |
Beasley v. Commonwealthgreen1 sentence2011Relying on Beasley v. Commonwealth, 618 S.W.2d 179, 180 (Ky.App.1981) and Peak v. Commonwealth, 34 S.W.3d 80, 82 (Ky.App.2000), the Commonwealth maintains that the defendant has the burden of proving the choice of evils defense, not the Commonwealth. | 1 | 1 |
Peak v. Commonwealthgreen1 sentence2011Relying on Beasley v. Commonwealth, 618 S.W.2d 179, 180 (Ky.App.1981) and Peak v. Commonwealth, 34 S.W.3d 80, 82 (Ky.App.2000), the Commonwealth maintains that the defendant has the burden of proving the choice of evils defense, not the Commonwealth. | 1 | 1 |
United States v. Construction Products Research, Inc. Five Star Products, Inc. And H. Nash Babcockgreen2 sentences2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) ("If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.") (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) ("Because privileges opera 2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) (“If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.”) (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) (“Because privileges opera | 1 | 1 |
United States v. Abrahamsgreen2 sentences2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) ("If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.") (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) ("Because privileges opera 2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) (“If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.”) (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) (“Because privileges opera | 1 | 1 |
United States v. Josegreen2 sentences2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) ("If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.") (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) ("Because privileges opera 2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) (“If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.”) (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) (“Because privileges opera | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. Commonwealth
green
1 sentence2011The Court in Brown v. Commonwealth distinguished the affirmative defenses, where the Commonwealth has the burden of proof to negate the defense, from the exculpation defenses (e.g., insanity), where the defendant has the burden to prove the defense and the absence of the defense is not an element of the offense. 555 S.W.2d 252, 257 ; see KRS 500.070 and 1 Cooper, Kentucky Instructions to Juries (Criminal) § 1.03 (rev. 4th ed.1999). | 1 | 2011–2011 |
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.