default claim (Kentucky) · Go Syfert
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default claim in Kentucky

5 Kentucky opinions name it 2 courts 2005–2024 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.

Followed or applied (9)

CaseFollowedCited
Sawyer v. Whitleygreen
scotus · 1992 · cited in 2 Kentucky opinions naming this issue, 2005–2012
2 sentences

2012See also Sawyer v. Whitley, 945 F.2d 812, 823-24 (5th Cir.1991) (claim of incompetency to stand trial partially because of mental retardation procedurally defaulted where not asserted at trial), aff'd, Sawyer v. Whitley, 505 U.S. 333 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992); cf. Bonar v. Commonwealth, 180 Ky. 338 , 202 S.W. 676, 677 (1918) (waiver may be either by express consent, by failure to assert in time, or by conduct inconsistent with a purpose to insist on it). “[T]he question is ... whether at the time of the default the claim was ‘available’ at all.” Smith v. Murray, 477 U.S. 527, 5

2012See also Sawyer v. Whitley, 945 F.2d 812, 823-24 (5th Cir.1991) (claim of incompetency to stand trial partially because of mental retardation procedurally defaulted where not asserted at trial), aff'd, Sawyer v. Whitley, 505 U.S. 333 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992); cf. Bonar v. Commonwealth, 180 Ky. 338 , 202 S.W. 676, 677 (1918) (waiver may be either by express consent, by failure to assert in time, or by conduct inconsistent with a purpose to insist on it). “[T]he question is ... whether at the time of the default the claim was ‘available’ at all.” Smith v. Murray, 477 U.S. 527, 5

22
Bonar v. Commonwealthgreen
kyctapp · 1918 · cited in 2 Kentucky opinions naming this issue, 2005–2012
2 sentences

2012See also Sawyer v. Whitley, 945 F.2d 812, 823-24 (5th Cir.1991) (claim of incompetency to stand trial partially because of mental retardation procedurally defaulted where not asserted at trial), aff'd, Sawyer v. Whitley, 505 U.S. 333 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992); cf. Bonar v. Commonwealth, 180 Ky. 338 , 202 S.W. 676, 677 (1918) (waiver may be either by express consent, by failure to assert in time, or by conduct inconsistent with a purpose to insist on it). “[T]he question is ... whether at the time of the default the claim was ‘available’ at all.” Smith v. Murray, 477 U.S. 527, 5

2012See also Sawyer v. Whitley, 945 F.2d 812, 823-24 (5th Cir.1991) (claim of incompetency to stand trial partially because of mental retardation procedurally defaulted where not asserted at trial), aff'd, Sawyer v. Whitley, 505 U.S. 333 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992); cf. Bonar v. Commonwealth, 180 Ky. 338 , 202 S.W. 676, 677 (1918) (waiver may be either by express consent, by failure to assert in time, or by conduct inconsistent with a purpose to insist on it). “[T]he question is ... whether at the time of the default the claim was ‘available’ at all.” Smith v. Murray, 477 U.S. 527, 5

22
Robert Wayne Sawyer v. John Whitley, Warden, Louisiana State Penitentiarygreen
ca5 · 1991 · cited in 2 Kentucky opinions naming this issue, 2005–2012
2 sentences

2012See also Sawyer v. Whitley, 945 F.2d 812, 823-24 (5th Cir.1991) (claim of incompetency to stand trial partially because of mental retardation procedurally defaulted where not asserted at trial), aff'd, Sawyer v. Whitley, 505 U.S. 333 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992); cf. Bonar v. Commonwealth, 180 Ky. 338 , 202 S.W. 676, 677 (1918) (waiver may be either by express consent, by failure to assert in time, or by conduct inconsistent with a purpose to insist on it). “[T]he question is ... whether at the time of the default the claim was ‘available’ at all.” Smith v. Murray, 477 U.S. 527, 5

2005See also Sawyer v. Whitley, 945 F.2d 812, 823-24 (5th Cir.1991) (claim of incompetency to stand trial partially because of mental retardation procedurally defaulted where not asserted at trial), aff'd, Sawyer v. Whitley, 505 U.S. 333 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992); cf. Bonar v. Commonwealth, 180 Ky. 338 , 202 S.W. 676, 677 (1918) (waiver may be either by express consent, by failure to assert in time, or by conduct inconsistent with a purpose to insist on it). “[T]he question is ... whether at the time of the default the claim was ‘available’ at all.” Smith v. Murray, 477 U.S. 527, 5

22
Smith v. Murraygreen
scotus · 1986 · cited in 2 Kentucky opinions naming this issue, 2005–2012
2 sentences

2012See also Sawyer v. Whitley, 945 F.2d 812, 823-24 (5th Cir.1991) (claim of incompetency to stand trial partially because of mental retardation procedurally defaulted where not asserted at trial), aff'd, Sawyer v. Whitley, 505 U.S. 333 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992); cf. Bonar v. Commonwealth, 180 Ky. 338 , 202 S.W. 676, 677 (1918) (waiver may be either by express consent, by failure to assert in time, or by conduct inconsistent with a purpose to insist on it). “[T]he question is ... whether at the time of the default the claim was ‘available’ at all.” Smith v. Murray, 477 U.S. 527, 5

2012See also Sawyer v. Whitley, 945 F.2d 812, 823-24 (5th Cir.1991) (claim of incompetency to stand trial partially because of mental retardation procedurally defaulted where not asserted at trial), aff'd, Sawyer v. Whitley, 505 U.S. 333 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992); cf. Bonar v. Commonwealth, 180 Ky. 338 , 202 S.W. 676, 677 (1918) (waiver may be either by express consent, by failure to assert in time, or by conduct inconsistent with a purpose to insist on it). “[T]he question is ... whether at the time of the default the claim was ‘available’ at all.” Smith v. Murray, 477 U.S. 527, 5

12
Bye v. Mattinglygreen
ky · 1998 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024See Warnick v. Childers, 282 S.W.2d 608, 609 (Ky. 1955); see also Mattingly, 975 S.W.2d at 456 .

11
Warnick v. Childersgreen
kyctapphigh · 1955 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024See Warnick v. Childers, 282 S.W.2d 608, 609 (Ky. 1955); see also Mattingly, 975 S.W.2d at 456 .

11
Hart v. Hartgreen
kyctapp · 1989 · cited in 1 Kentucky opinions naming this issue, 2015–2015
1 sentence

2015Thus, it appears, the default rule laid out in the revenue code appears to be one of “administrative convenience to the IRS,” Dodge, 385 P.3d at 513 (quoting Monterey County v. Cornejo, 53 Cal.3d 1271 , 283 Cal.Rptr. 405 , 812 P.2d 586, 590 (1991)); see also Hart v. Hart, 774 S.W.2d 455, 457 (Ky.App.1989) (“Congress was attempting to extricate the IRS from the costly and time-consuming business of fact finding necessary under the former version of the statute.”); Blanchard, 401 S.E.2d at 718 (Fletchner, J., dissenting) (“Congress is indifferent to the question of which parent claims the exempt

11
Monterey County v. Cornejogreen
cal · 1991 · cited in 1 Kentucky opinions naming this issue, 2015–2015
2 sentences

2015Thus, it appears, the default rule laid out in the revenue code appears to be one of “administrative convenience to the IRS,” Dodge, 385 P.3d at 513 (quoting Monterey County v. Cornejo, 53 Cal.3d 1271 , 283 Cal.Rptr. 405 , 812 P.2d 586, 590 (1991)); see also Hart v. Hart, 774 S.W.2d 455, 457 (Ky.App.1989) (“Congress was attempting to extricate the IRS from the costly and time-consuming business of fact finding necessary under the former version of the statute.”); Blanchard, 401 S.E.2d at 718 (Fletchner, J., dissenting) (“Congress is indifferent to the question of which parent claims the exempt

2015Thus, it appears, the default rule laid out in the revenue code appears to be one of “administrative convenience to the IRS,” Dodge, 385 P.3d at 513 (quoting Monterey County v. Cornejo, 53 Cal.3d 1271 , 283 Cal.Rptr. 405 , 812 P.2d 586, 590 (1991)); see also Hart v. Hart, 774 S.W.2d 455, 457 (Ky.App.1989) (“Congress was attempting to extricate the IRS from the costly and time-consuming business of fact finding necessary under the former version of the statute.”); Blanchard, 401 S.E.2d at 718 (Fletchner, J., dissenting) (“Congress is indifferent to the question of which parent claims the exempt

11
Blanchard v. Blanchardgreen
ga · 1991 · cited in 1 Kentucky opinions naming this issue, 2015–2015
1 sentence

2015Thus, it appears, the default rule laid out in the revenue code appears to be one of “administrative convenience to the IRS,” Dodge, 385 P.3d at 513 (quoting Monterey County v. Cornejo, 53 Cal.3d 1271 , 283 Cal.Rptr. 405 , 812 P.2d 586, 590 (1991)); see also Hart v. Hart, 774 S.W.2d 455, 457 (Ky.App.1989) (“Congress was attempting to extricate the IRS from the costly and time-consuming business of fact finding necessary under the former version of the statute.”); Blanchard, 401 S.E.2d at 718 (Fletchner, J., dissenting) (“Congress is indifferent to the question of which parent claims the exempt

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 (2)

CaseCitedYears
Campbell v. Commonwealth green
ky · 1987
1 sentence

2008(Internal citations omitted.)") [5] Campbell v. Commonwealth, 732 S.W.2d 878 (Ky. 1987).

12008–2008
Lockett v. Ohio green
scotus · 1978
2 sentences

2005Appellant’s reliance on Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), is misplaced.

2005Appellant’s reliance on Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), is misplaced.

12005–2005

Where else courts name it

CA 306 (1929–2026) TX 121 (1977–2026) IL 83 (1911–2026) FL 60 (1970–2026) DE 59 (1996–2026) NY 50 (1938–2026) WA 45 (1909–2025) OH 44 (1998–2026) PA 40 (1927–2026) MI 37 (2007–2026) AZ 31 (1969–2026) IA 30 (1976–2026) CT 30 (1991–2026) OR 29 (1909–2026) MO 28 (1986–2025) LA 26 (1982–2025) WI 25 (1997–2026) DC 25 (2001–2026) MD 22 (1986–2025) VA 21 (1989–2026) NC 20 (1896–2026) UT 17 (2002–2022) MA 17 (1927–2025) NJ 16 (1952–2025) MS 16 (1999–2024) GA 14 (1962–2026) MN 14 (1982–2025) NM 13 (1983–2023) CO 13 (1974–2026) AL 13 (1987–2023) AK 11 (1976–2026) SD 11 (1985–2024) IN 11 (1969–2025) ME 9 (1968–2022) MT 9 (1978–2016) ID 8 (1908–2025) WY 8 (2002–2025) KS 8 (2006–2026) ND 8 (1981–2014) HI 6 (1999–2024) TN 6 (1952–2024) SC 6 (2001–2025) NV 5 (2000–2026) NH 5 (1982–2025) KY 5 (2005–2024) WV 4 (2014–2024) NE 4 (1990–2024) OK 4 (2015–2022) RI 2 (2010–2010)

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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