retrospective hearing (Kentucky) · Go Syfert
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retrospective hearing in Kentucky

5 Kentucky opinions name it 2 courts 2001–2020 0 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 (3)

CaseFollowedCited
Allen v. Commonwealthgreen
ky · 2013 · cited in 2 Kentucky opinions naming this issue, 2020–2020
2 sentences

2020RCr4 8.28(1) states, in part: “The defendant shall be present at the arraignment, at every critical stage of the trial including the empaneling of the jury and the return of the verdict, and at the imposition of the sentence.” Indeed, “[i]t is well-settled that a criminal defendant has a right to be represented by counsel that extends beyond the actual trial to every critical stage of the proceedings.” Allen, 410 S.W.3d at 138 (citations omitted). [A]n analysis of a critical stage necessarily involves a retrospective inquiry as to the nature and consequences of each step in the proceedings.

2020RCr4 8.28(1) states, in part: “The defendant shall be present at the arraignment, at every critical stage of the trial including the empaneling of the jury and the return of the verdict, and at the imposition of the sentence.” Indeed, “[i]t is well-settled that a criminal defendant has a right to be represented by counsel that extends beyond the actual trial to every critical stage of the proceedings.” Allen, 410 S.W.3d at 138 (citations omitted). [A]n analysis of a critical stage necessarily involves a retrospective inquiry as to the nature and consequences of each step in the proceedings.

22
United States v. Michael A. S. Makrisgreen
ca5 · 1976 · cited in 2 Kentucky opinions naming this issue, 2001–2010
2 sentences

2010Id., citing United States v. Makris, 535 F.2d 899, 904 (5th Cir.1976).

2001See United States v. Makris, 535 F.2d 899, 904-05 (5th Cir.1976), cert. denied, 430 U.S. 954 , 97 S.Ct. 1598 , 51 L.Ed.2d 803 (1977).

22
Makris v. United Statesgreen
scotus · 1977 · cited in 1 Kentucky opinions naming this issue, 2001–2001
2 sentences

2001See United States v. Makris, 535 F.2d 899, 904-05 (5th Cir.1976), cert. denied, 430 U.S. 954 , 97 S.Ct. 1598 , 51 L.Ed.2d 803 (1977).

2001See United States v. Makris, 535 F.2d 899, 904-05 (5th Cir.1976), cert. denied, 430 U.S. 954 , 97 S.Ct. 1598 , 51 L.Ed.2d 803 (1977).

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 (3)

CaseCitedYears
Gibbs v. Commonwealth green
ky · 2006
2 sentences

2010However, if only the statutory right to a hearing is at issue (when there is not substantial evidence of incompetency in the record), a retrospective hearing is not absolutely mandatory, contra Gibbs, 208 S.W.3d at 853 , because it can be waived, Keith, 195 Ky. 635 , 243 S.W. at 297 , and would rarely be prejudicial error by itself in any event, RCr 9.24, 10.26.

2010Id., citing United States v. Makris, 535 F.2d 899, 904 (5th Cir.1976).

22010–2010
Keith v. Commonwealth green
kyctapp · 1922
2 sentences

2010However, if only the statutory right to a hearing is at issue (when there is not substantial evidence of incompetency in the record), a retrospective hearing is not absolutely mandatory, contra Gibbs, 208 S.W.3d at 853 , because it can be waived, Keith, 195 Ky. 635 , 243 S.W. at 297 , and would rarely be prejudicial error by itself in any event, RCr 9.24, 10.26.

2010However, if only the statutory right to a hearing is at issue (when there is not substantial evidence of incompetency in the record), a retrospective hearing is not absolutely mandatory, contra Gibbs, 208 S.W.3d at 853 , because it can be waived, Keith, 195 Ky. 635 , 243 S.W. at 297 , and would rarely be prejudicial error by itself in any event, RCr 9.24, 10.26.

12010–2010
Thompson v. Commonwealth green
ky · 2001
1 sentence

2010Thompson, 56 S.W.3d at 409 .

12010–2010

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 504.100 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 45 (1986–2026) CA 26 (1984–2026) TX 16 (1980–2021) IL 13 (1998–2023) KS 11 (1923–2026) WI 11 (1988–2024) VA 7 (1993–2026) MS 6 (2012–2023) DC 6 (1976–2015) PA 6 (1979–2022) NY 5 (1982–2011) NC 5 (2004–2022) OH 5 (1991–2022) KY 5 (2001–2020) ID 4 (2015–2017) AZ 3 (1982–2024) MO 3 (2013–2017) OR 2 (1980–2022) DE 2 (1977–2026) NV 2 (2021–2021) LA 2 (1981–2016)

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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