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

5 Kentucky opinions name it 2 courts 2001–2025 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 (4)

CaseFollowedCited
Whitlow v. Commonwealthgreen
moctapp · 2019 · cited in 1 Kentucky opinions naming this issue, 2021–2021
2 sentences

2021“When reviewing a trial court’s denial of a motion to suppress, we utilize a clear error standard of review for factual findings and a de novo standard of review for conclusions of law.” Sykes v. Commonwealth, 453 S.W.3d 722, 724 (Ky. 2015) (quotations and citation omitted). 11 “The Fourth Amendment to the United States Constitution and Section 10 of the Kentucky Constitution guarantee the individual right to be free from unreasonable searches and seizures.” Whitlow v. Commonwealth, 575 S.W.3d 663, 669 (Ky. 2019).4 “Generally, warrantless searches are unreasonable unless the search falls under

2021“When reviewing a trial court’s denial of a motion to suppress, we utilize a clear error standard of review for factual findings and a de novo standard of review for conclusions of law.” Sykes v. Commonwealth, 453 S.W.3d 722, 724 (Ky. 2015) (quotations and citation omitted). 11 “The Fourth Amendment to the United States Constitution and Section 10 of the Kentucky Constitution guarantee the individual right to be free from unreasonable searches and seizures.” Whitlow v. Commonwealth, 575 S.W.3d 663, 669 (Ky. 2019).4 “Generally, warrantless searches are unreasonable unless the search falls under

11
Stephen Sykes v. Commonwealth of Kentuckygreen
ky · 2015 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021“When reviewing a trial court’s denial of a motion to suppress, we utilize a clear error standard of review for factual findings and a de novo standard of review for conclusions of law.” Sykes v. Commonwealth, 453 S.W.3d 722, 724 (Ky. 2015) (quotations and citation omitted). 11 “The Fourth Amendment to the United States Constitution and Section 10 of the Kentucky Constitution guarantee the individual right to be free from unreasonable searches and seizures.” Whitlow v. Commonwealth, 575 S.W.3d 663, 669 (Ky. 2019).4 “Generally, warrantless searches are unreasonable unless the search falls under

11
Joshua Hammond v. Commonwealth of Kentuckygreen
ky · 2016 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021Hammond v. Commonwealth, 504 S.W.3d 44, 54 (Ky. 2016).

11
Commonwealth v. Benhamgreen
ky · 1991 · cited in 1 Kentucky opinions naming this issue, 2001–2001
2 sentences

2001See Commonwealth v. Benham, Ky., 816 S.W.2d 186 (1991).

2001See Commonwealth v. Benham, Ky., 816 S.W.2d 186 (1991).

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
Fraser v. Commonwealth green
ky · 2001
1 sentence

2025We affirmed the trial court in an unpublished opinion.3 However, on April 20, 2021, the Kentucky Supreme Court vacated the opinion of the Court of Appeals and ordered the trial court to conduct an evidentiary hearing on Hayes’s issues pursuant to Fraser v. Commonwealth, 59 S.W.3d 448 (Ky. 2001).

12025–2025
Strickland v. Washington green
scotus · 1984
2 sentences

2025In its order denying Hayes’s motion, the trial court found that Hayes’s counsel “was not ineffective for failing to present an EED defense under Strickland’s two-part test.” (R. at 923.) Although “strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable[,]” Strickland, 466 U.S. at 690 , 104 S. Ct. at 2066 , the trial court correctly recognized that “[d]eficiency occurs whenever counsel makes a strategic decision that is objectively unreasonable.” (R. at 923.) Nonetheless, the trial court ruled that it was not unreasonable

2025In its order denying Hayes’s motion, the trial court found that Hayes’s counsel “was not ineffective for failing to present an EED defense under Strickland’s two-part test.” (R. at 923.) Although “strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable[,]” Strickland, 466 U.S. at 690 , 104 S. Ct. at 2066 , the trial court correctly recognized that “[d]eficiency occurs whenever counsel makes a strategic decision that is objectively unreasonable.” (R. at 923.) Nonetheless, the trial court ruled that it was not unreasonable

12025–2025
Louisville Peterbilt, Inc. v. Cox green
ky · 2004
1 sentence

2009On May 13, 2004, the case of Louisville Peterbilt, Inc. v. Cox, 132 S.W.3d 850 (Ky.2004), became final.

12009–2009
Hayes v. Commonwealth green
ky · 2001
2 sentences

2003Hayes v. Commonwealth, Ky., 58 S.W.3d 879 (2001).

2003Hayes v. Commonwealth, Ky., 58 S.W.3d 879 (2001).

12003–2003

Where else courts name it

WA 10 (1991–2026) NC 9 (1983–2017) LA 7 (1985–2025) OH 7 (2003–2025) CA 7 (1969–2013) AK 7 (1987–2020) KS 6 (2008–2025) KY 5 (2001–2025) GA 5 (2000–2022) MS 4 (2003–2015) FL 4 (2006–2026) TX 4 (2007–2023) IN 3 (1995–2018) AR 3 (1987–2020) SD 3 (2001–2017) NY 3 (2013–2024) PA 2 (1981–2018) NJ 2 (2020–2026) IL 2 (2021–2022) MO 2 (1985–2019) ME 2 (2001–2014) AL 2 (1986–2013) IA 2 (1986–2019) ND 2 (2012–2012) NV 2 (2024–2024) OR 2 (2000–2026) CT 2 (2006–2017)

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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