totality of the circumstances analysis in Kentucky

2023Lovett v. Commonwealth, 103 S.W.3d 72, 77-78 (Ky. 2003) (internal quotation marks omitted).

2020Thus, while a court may question an informant’s motives, an “explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed first-hand, entitles [the informant’s] tip to greater weight than might otherwise be the case.” Lovett v. Commonwealth, 103 S.W.3d 72, 78 (Ky. 2003) (citations omitted).

2022Whether the harassment is severe and pervasive is determined by a totality of the circumstances test -- circumstances including frequency and severity of the conduct, whether the conduct is physically threatening or humiliating, and whether it unreasonably interferes with the employee’s work performance. -14- Gray, 467 S.W.3d at 805 (citation omitted).

2020“Whether the harassment is severe and pervasive is determined by a totality of the circumstances test—circumstances including frequency and severity of the conduct, whether the conduct is physically threatening or humiliating, and whether it unreasonably interferes with the employee’s work performance.” Gray v. Kenton County, 467 S.W.3d 801, 805 (Ky. App. 2014) (citation omitted).

2009See, e.g., Commonwealth v. Priddy, 184 S.W.3d 501, 511 (Ky.2005), cert. denied, 549 U.S. 980 , 127 S.Ct. 444 , 166 L.Ed.2d 316 (2006).

2008See, e.g., Commonwealth v. Priddy, 184 S.W.3d 501, 511 (Ky.2005), cert. denied -U .S.—, 127 S.Ct. 444 , 166 L.Ed.2d 316 (2006).

2025See Bennett, 553 S.W.3d at 270 .

2022Rather, “[o]n appellate review, this Court must establish whether the trial court, after using a totality-of-the-circumstances analysis, had a substantial basis for finding probable cause.” Bennett, 553 S.W.3d at 270 (citing Lemons, 437 S.W.3d at 715 ).

2016The issue before this Court is whether Henson still presents a viable rule,' or whether it has been replaced by the totality-of-the-circumstances test of Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), and Beemer v. Commonwealth, 665 S.W.2d 912 (Ky.1984).

2005Gates also explained that a magistrate’s determination of probable cause is entitled to “great deference” and should be upheld so long as the magistrate, considering the totality of the circumstances, had a “substantial basis for concluding that a search would uncover evidence of wrongdoing.” Id. at 236, 103 S.Ct. at 2331 (internal quotation omitted); Beemer v. Commonwealth, Ky., 665 S.W.2d 912, 914 (1984); see also Massachusetts v. Upton, 466 U.S. 727, 732-33 , 104 S.Ct. 2085, 2087 , 80 L.Ed.2d 721 (1984) (reemphasizing Gates).

2026We then reversed the trial court’s order and remanded to the trial court to conduct a hearing on Woodall’s potential intellectual disability pursuant to the guidelines we had laid 6 In Atkins v. Virginia, the United States Supreme Court held that the Eighth Amendment prohibits the execution of a person who has an intellectual disability. 536 U.S. 304, 321 (2002). 10 out.

2025Due to the difficulty trial courts face in “weeding through emotionally-charged testimony and often slanted evidence to reach a fair and equitable result[,]” we afford them “broad discretion in dividing marital property and marital debt.” Jones v. Livesay, 551 S.W.3d 47, 51 (Ky. App. 2018).

2022Commonwealth v. Bell, 365 S.W.3d 216, 224 (Ky. App. 2012).

2018Bowling, 163 S.W.3d at 381 - 82 (internal citations omitted). 30 Moore, 137 S.Ct. at 1045 (internal citations omitted); see also supra, n. 26. far enough is in recognizing that, in addition to ascertaining intellectual disability using this test, prevailing medical standards should always take precedence in a court’s determination.31 In this case, the Commonwealth concedes the need for a hearing in the trial court to determine if Woodall has a disqualifying intellectual disability.

2016This Court explained: To determine whether the equitable tolling doctrine should apply, the Supreme Court adopted the totality-of-the circumstances analysis outlined by the Sixth Circuit Court of Appeals in Dunlap v. United States, 250 F.3d 1001, 1008-9 (6th Cir.2001).

2015See Lee v. Commonwealth, 313 S.W.3d 555, 556 (Ky. 2010) (holding a totality of the circumstances analysis was proper to determine whether an officer made a reasonable effort to accommodate an arrested individual’s request for independent testing analyzed under five factors: (1) availability of or access to funds or resources to pay for the requested test; (2) a protracted delay in the giving of the test if the officer complies with the accused's requests; (3) availability of police time and other resources; (4) location of requested facilities; and (5) opportunity and ability of accused to mak

2009The use of Ward by the Court of Appeals as an illustrative guideline, rather than a mandatory checklist, was proper and consistent with the totality of the circumstances test. [21] Williamson v. Commonwealth, 767 S.W.2d 323, 326 (Ky.1989) (party must challenge adverse court ruling in some manner, such as moving for discretionary review on that issue, or be bound by the court's decision). [22] RUSSELL G.

2009Williamson v. Commonwealth, 767 S.W.2d 323, 326 (Ky.1989) (party must challenge adverse court ruling in some manner, such as moving for discretionary review on that issue, or be bound by the court’s decision). .

2006While an informant’s veracity, reliability, and basis of knowledge are all “relevant considerations in the totality of the circumstances analysis,” they are not conclusive and “a deficiency in one may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other, or by some other indicia of reliability.” Johnson v. Commonwealth, 180 S.W.3d 494, 499 (Ky.App.2005) (quoting Illinois v. Gates, 462 U.S. 213, 233 , 103 S.Ct. 2317, 2329 , 76 L.Ed.2d 527 (1983)).

2006This case justifies the rationale underlying the use of the totality of the circumstances approach: it is simply impossible to evaluate the police action outside the lens of Bailey's very serious mental deficiency, which necessarily calls into question his ability to give a reliable confession. [1] This Court is not alone is taking the accused's mental status into consideration when evaluating the totality of the circumstances: "[w]hen persons of markedly limited mental ability . . . are questioned without the aid of counsel, issues of suggestibility and possible overreaching are raised . . .

2006This case justifies the rationale underlying the use of the totality of the circumstances approach: it is simply impossible to evaluate the police action outside the lens of Bailey’s very serious mental deficiency, which necessarily calls into question his ability to give a reliable confession. 1 This Court is not alone is taking the accused’s mental status into consideration when evaluating the totality of the circumstances: “[w]hen persons of markedly limited mental ability ... are questioned without the aid of counsel, issues of suggestibility and possible overreaching are raised ... and mu

2005Gates also explained that a magistrate’s determination of probable cause is entitled to “great deference” and should be upheld so long as the magistrate, considering the totality of the circumstances, had a “substantial basis for concluding that a search would uncover evidence of wrongdoing.” Id. at 236, 103 S.Ct. at 2331 (internal quotation omitted); Beemer v. Commonwealth, Ky., 665 S.W.2d 912, 914 (1984); see also Massachusetts v. Upton, 466 U.S. 727, 732-33 , 104 S.Ct. 2085, 2087 , 80 L.Ed.2d 721 (1984) (reemphasizing Gates).

2005Gates also explained that a magistrate’s determination of probable cause is entitled to “great deference” and should be upheld so long as the magistrate, considering the totality of the circumstances, had a “substantial basis for concluding that a search would uncover evidence of wrongdoing.” Id. at 236, 103 S.Ct. at 2331 (internal quotation omitted); Beemer v. Commonwealth, Ky., 665 S.W.2d 912, 914 (1984); see also Massachusetts v. Upton, 466 U.S. 727, 732-33 , 104 S.Ct. 2085, 2087 , 80 L.Ed.2d 721 (1984) (reemphasizing Gates).

2003See also Sokolow, supra [490 U.S.] at 9, 109 S.Ct. 1581 [ 104 L.Ed.2d 1 (1989) ](holding that factors which by themselves were “quite consistent with innocent travel” collectively amounted to reasonable suspicion). 41 The Court further emphasized that the totality of the circumstances analysis “allows officers to draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that ‘might well elude an untrained person.’ ” 42 Applying the analysis described in Arvizu, we agree with the circuit court that Officer May

2003See also Sokolow, supra [490 U.S.] at 9, 109 S.Ct. 1581 [ 104 L.Ed.2d 1 (1989) ](holding that factors which by themselves were “quite consistent with innocent travel” collectively amounted to reasonable suspicion). 41 The Court further emphasized that the totality of the circumstances analysis “allows officers to draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that ‘might well elude an untrained person.’ ” 42 Applying the analysis described in Arvizu, we agree with the circuit court that Officer May