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5 Kentucky opinions name it 2 courts 1988–2023 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 |
|---|---|---|
Fields v. Commonwealthgreen1 sentence2008See Fields, 12 S.W.3d at 285 (“Except for the failure to include an instruction on second-degree manslaughter, the trial judge’s instructions accurately framed the law of the case.”). | 1 | 1 |
Holbrook v. Commonwealthgreen2 sentences1994The intentional murder instruction given to the jury included extreme emotional disturbance as a negative element stating: "You will find the defendant, Dante Lee McGinnis, guilty under this Instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following: (a) [That he shot and killed Antonio Miller]. (b) That in so doing, he caused the death of Antonio Miller intentionally and not while acting under the influence of extreme emotional disturbance." Appellant correctly argues that where the evidence warrants the inclusion of extreme emotional disturbance 1994The intentional murder instruction given to the jury included extreme emotional disturbance as a negative element stating: “You will find the defendant, Dante Lee McGinnis, guilty under this Instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following: (a) [That he shot and killed Antonio Miller]. (b) That in so doing, he caused the death of Antonio Miller intentionally and not while acting under the influence of extreme emotional disturbance.” Appellant correctly argues that where the evidence warrants the inclusion of extreme emotional disturbance | 1 | 1 |
Wellman v. Commonwealthgreen2 sentences1991We have held that “[t]he presence or absence of extreme emotional distress is a matter of evidence, and not an element of the crime [of murder].” Wellman v. Commonwealth, Ky., 694 S.W.2d 696, 697 (1985). 1991We have held that "[t]he presence or absence of extreme emotional distress is a matter of evidence, and not an element of the crime [of murder]." Wellman v. Commonwealth, Ky., 694 S.W.2d 696, 697 (1985). | 1 | 1 |
Charles v. Commonwealthgreen2 sentences1988See Charles v. Commonwealth, Ky., 634 S.W. 2d 407 (1982). 1988See Charles v. Commonwealth, Ky., 634 S.W.2d 407 (1982). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Christopher Gribbins v. Commonwealth of Kentucky
green
1 sentence2023Our Supreme Court noted that three witnesses gave testimony to support giving an intentional murder instruction, including one who testified that Gribbins “initially tried to strike [the victim] with the gun, but failed to make contact” and another who testified that he saw Gribbins “walk towards [the victim], brandish a gun, and shoot him.” Gribbins, 483 S.W.3d at 376 . | 1 | 2023–2023 |
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.