missing instruction (Kentucky) · Go Syfert
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missing instruction in Kentucky

5 Kentucky opinions name it 2 courts 2013–2025 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 (2)

CaseFollowedCited
Ordway v. Commonwealthgreen
ky · 2013 · cited in 4 Kentucky opinions naming this issue, 2016–2025
2 sentences

2025The Ordway Court makes clear: “[W]hen it is established that the evidence was lost due to mere negligence or inadvertence, which, in effect, negates a finding of bad faith, the missing instruction should not be given.” 391 S.W.3d at 793 (citing Beglin, 375 S.W.3d at 791 ; Mann, 588 F.3d at 1310 ).

2016Ordway v. Commonwealth, 391 S.W.3d 762, 793 (Ky. 2013) ("[w]hen it is established that the evidence was lost due to mere negligence or inadvertence, which, in effect, negates a finding of bad faith, the missing instruction should not be given.") (citations omitted).

34
Mann v. Taser International, Inc.green
ca11 · 2009 · cited in 3 Kentucky opinions naming this issue, 2013–2025
2 sentences

2025The Ordway Court makes clear: “[W]hen it is established that the evidence was lost due to mere negligence or inadvertence, which, in effect, negates a finding of bad faith, the missing instruction should not be given.” 391 S.W.3d at 793 (citing Beglin, 375 S.W.3d at 791 ; Mann, 588 F.3d at 1310 ).

2018Id. at 791 (citing Mann v. Taser Intern., Inc., 588 F.3d 1291, 1310 (11th Cir.2009)). 391 S.W.3d 762, 793 (Ky. 2013).

23

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 (1)

CaseCitedYears
University Medical Center, Inc. v. Beglin green
ky · 2011
2 sentences

2025The Ordway Court makes clear: “[W]hen it is established that the evidence was lost due to mere negligence or inadvertence, which, in effect, negates a finding of bad faith, the missing instruction should not be given.” 391 S.W.3d at 793 (citing Beglin, 375 S.W.3d at 791 ; Mann, 588 F.3d at 1310 ).

2018Id. at 791 (citing Mann v. Taser Intern., Inc., 588 F.3d 1291, 1310 (11th Cir.2009)). 391 S.W.3d 762, 793 (Ky. 2013).

32013–2025

Where else courts name it

CA 20 (1975–2026) TX 16 (1999–2019) NM 13 (2004–2025) NH 7 (1988–1997) MA 7 (1980–2024) TN 5 (2009–2020) KY 5 (2013–2025) KS 4 (2016–2024) NJ 4 (1987–2022) IL 4 (1988–2026) WA 3 (1994–1995) PA 3 (1998–2024) IN 3 (1980–2009) FL 3 (1982–2011) NY 3 (1950–1985) MS 2 (2001–2003) WI 2 (2012–2013) IA 2 (2017–2017) SD 2 (2014–2014)

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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