Hammond motion (Kentucky) · Go Syfert
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Hammond motion in Kentucky

5 Kentucky opinions name it 2 courts 2019–2025 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 (2)

CaseFollowedCited
Foley v. Commonwealthgreen
ky · 2001 · cited in 1 Kentucky opinions naming this issue, 2025–2025
2 sentences

2025Regardless of timeliness, Hammond’s motion is without merit. “[N]ewly discovered evidence that merely impeaches the credibility of a witness or is cumulative is generally disfavored as grounds for granting a new trial.” Foley v. Commonwealth, 55 S.W.3d 809, 814 (Ky. 2000) (citation omitted).

2025Regardless of timeliness, Hammond’s motion is without merit. “[N]ewly discovered evidence that merely impeaches the credibility of a witness or is cumulative is generally disfavored as grounds for granting a new trial.” Foley v. Commonwealth, 55 S.W.3d 809, 814 (Ky. 2000) (citation omitted).

11
Crawford v. Washingtongreen
scotus · 2004 · cited in 1 Kentucky opinions naming this issue, 2020–2020
1 sentence

2020Ordinarily, Sheckles’s out-of-court statements would be inadmissible as hearsay and their admission would violate Hammond’s Sixth Amendment right of confrontation under Crawford v. Washington, 541 U.S. 36, 62 (2004).

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 (4)

CaseCitedYears
Joshua Hammond v. Commonwealth of Kentucky green
ky · 2016
2 sentences

2021Id. at 55 .

2019Finally, this Court’s directive in Hammond v. Commonwealth was clear: “this case is remanded for entry of a new judgment consistent with this opinion.” 504 S.W.3d at 58 .

22019–2021
United States v. Ferguson green
ca2 · 2011
1 sentence

2019Cir. 2014) and United States v. Joseph , 542 F.3d 13 (2d Cir. 2008), abrogated on other grounds by United States v. Ferguson , 676 F.3d 260 , 276 n.14 (2d Cir. 2011).

12019–2019
United States v. Joseph green
ca2 · 2008
2 sentences

2019Cir. 2014) and United States v. Joseph , 542 F.3d 13 (2d Cir. 2008), abrogated on other grounds by United States v. Ferguson , 676 F.3d 260 , 276 n.14 (2d Cir. 2011).

2019In Joseph , the Court noted that a defendant was still harmed by the exclusion of an expert's testimony about role playing even though the defendant was able to testify to his role playing defense, explaining "when the Government implores a jury to find the defendant and his explanation not credible, we think the presentation of that explanation from a qualified expert would be significant, especially where the explanation is not one with which jurors are likely to have familiarity." Joseph , 542 F.3d at 22 n.10.

12019–2019
United States v. Paul Hite green
cadc · 2014
1 sentence

2019We are persuaded that expert testimony about sexual role playing would have assisted the jury to understand and weigh Hammond's defense based upon the reasoning in United States v. Hite , 769 F.3d 1154 (D.C.

12019–2019

Where else courts name it

AL 27 (1987–2016) IN 6 (1999–2014) KY 5 (2019–2025) GA 4 (1995–2020) AK 3 (2016–2018) OR 3 (1993–2022) MI 2 (2023–2023) DE 2 (1989–1992)

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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