Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
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.
| Case | Followed | Cited |
|---|---|---|
Allen v. Commonwealthgreen2 sentences2020RCr4 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. | 2 | 2 |
United States v. Michael A. S. Makrisgreen2 sentences2010Id., 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). | 2 | 2 |
Makris v. United Statesgreen2 sentences2001See 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gibbs v. Commonwealth
green
2 sentences2010However, 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). | 2 | 2010–2010 |
Keith v. Commonwealth
green
2 sentences2010However, 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. | 1 | 2010–2010 |
Thompson v. Commonwealth
green
1 sentence2010Thompson, 56 S.W.3d at 409 . | 1 | 2010–2010 |
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.
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.