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

28 Kentucky opinions name it 1 courts 2002–2025 11 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 (13)

CaseFollowedCited
Springfield v. Commonwealthgreen
ky · 2013 · cited in 4 Kentucky opinions naming this issue, 2015–2025
2 sentences

2025In determining whether the evidence presented at trial requires the giving of a requested instruction, “we must ask ourselves, construing the evidence favorably to the proponent of the instruction, whether the evidence would permit a reasonable juror to make the finding the instruction authorizes.” Springfield v. Commonwealth, 410 S.W.3d 589, 594 (Ky. 2013).

2015To ascertain whether the jury instruction on wanton murder was proper, “we must ask ourselves, construing the evidence favorably to the proponent of the instruction, whether the evidence would permit a reasonable juror to make the finding the instruction authorizes.” Springfield v. Commonwealth, 410 S.W.3d 589, 594 (Ky.2013).

44
Taylor v. Commonwealthgreen
ky · 1999 · cited in 4 Kentucky opinions naming this issue, 2015–2018
2 sentences

2018The trial court has the duty in a criminal case "to prepare and give instructions on the whole law of the case, and this rule requires instructions applicable to every state of the case deducible or supported to any extent by the testimony." Taylor v. Commonwealth, 995 S.W.2d 355, 360 (Ky. 1999). 22 However, "[a]n instruction on a lesser-included offense is appropriate if and only if on the given evidence a reasonable juror could entertain reasonable doubt of the defendant's guilt on the greater charge, bu~ believe beyond a· · reasonable doubt that the defendant is guilty of the lesser offense

2018The trial court has the duty in a criminal case “to prepare and give instructions on the whole law of the case, and this rule requires instructions applicable to every state of the case deducible or supported to any extent by the testimony.” Taylor v. Commonwealth, 995 S.W.2d 355, 360 (Ky. 1999).

44
Manning v. Commonwealthgreen
ky · 2000 · cited in 2 Kentucky opinions naming this issue, 2016–2016
2 sentences

2016Likewise, in Manning v. Commonwealth, we held that the trial court must instruct on every theory of the case reasonably deducible from the evidence. 6 And most recently, we held that "Each party to an action is entitled to an instruction upon his theory of the case if there is evidence to sustain it."' On appellate review of a trial court's 6 See 23 S.W.3d 610, 614 (Ky. 2000). 7 Sargent v. Schaffer, 467 S.W.3d 198, 203 (Ky. 2015). 6 v refusal to give an instruction we "must ask ourselves, construing the e idence favorably to the proponent of the instruction, whether the evidence would permit a

2016Likewise, in Manning v. Commonwealth, we held that the trial court must instruct on every theory of the case reasonably deducible from the evidence. 6 And most recently, we held that "Each party to an action is entitled to an instruction upon his theory of the case if there is evidence to sustain it." 7 On appellate review of a trial court's 6 See 23 S.W.3d 610, 614 (Ky. 2000). 7 Sargent v. Schaffer, 467 S.W.3d 198, 203 (Ky. 2015). 6 refusal to give an instruction we "must ask ourselves, construing the evidence favorably to the proponent of the instruction, whether the evidence would permit a

22
Sargent v. Shaffergreen
ky · 2015 · cited in 2 Kentucky opinions naming this issue, 2016–2016
2 sentences

2016Likewise, in Manning v. Commonwealth, we held that the trial court must instruct on every theory of the case reasonably deducible from the evidence. 6 And most recently, we held that "Each party to an action is entitled to an instruction upon his theory of the case if there is evidence to sustain it."' On appellate review of a trial court's 6 See 23 S.W.3d 610, 614 (Ky. 2000). 7 Sargent v. Schaffer, 467 S.W.3d 198, 203 (Ky. 2015). 6 v refusal to give an instruction we "must ask ourselves, construing the e idence favorably to the proponent of the instruction, whether the evidence would permit a

2016Likewise, in Manning v. Commonwealth, we held that the trial court must instruct on every theory of the case reasonably deducible from the evidence. 6 And most recently, we held that "Each party to an action is entitled to an instruction upon his theory of the case if there is evidence to sustain it." 7 On appellate review of a trial court's 6 See 23 S.W.3d 610, 614 (Ky. 2000). 7 Sargent v. Schaffer, 467 S.W.3d 198, 203 (Ky. 2015). 6 refusal to give an instruction we "must ask ourselves, construing the evidence favorably to the proponent of the instruction, whether the evidence would permit a

22
Skinner v. Commonwealthgreen
ky · 1993 · cited in 1 Kentucky opinions naming this issue, 2018–2018
1 sentence

2018The trial court has the duty in a criminal case "to prepare and give instructions on the whole law of the case, and this rule requires instructions applicable to every state of the case deducible or supported to any extent by the testimony." Taylor v. Commonwealth, 995 S.W.2d 355, 360 (Ky. 1999). 22 However, "[a]n instruction on a lesser-included offense is appropriate if and only if on the given evidence a reasonable juror could entertain reasonable doubt of the defendant's guilt on the greater charge, bu~ believe beyond a· · reasonable doubt that the defendant is guilty of the lesser offense

11
David Alan Jenkins v. Commonwealth of Kentuckygreen
ky · 2016 · cited in 1 Kentucky opinions naming this issue, 2018–2018
1 sentence

2018Correspondingly, a trial court must only give a lesser included offense instruction “if, but only if, considering the totality of the 2 evidence, the jury might have a reasonable doubt as to the defendant’s guilt of the greater offense, and yet believe beyond a reasonable doubt that he is guilty of the lesser offense.” Jenkins v. Commonwealth, 496 S.W.3d 435, 449 (Ky. 2016) (citations omitted).

11
Opus 3 Limited v. Heritage Park, Incorporated, and Paul Stein, and James O'Brien David Kopp David J. Mislin John Does, Third Partygreen
ca3 · 1996 · cited in 1 Kentucky opinions naming this issue, 2016–2016
1 sentence

2016Although it appears that no court has developed a precise test for what makes a witness’s presence “essential,” the proponent of the exception must do more than show that the witness’s presence is “simply desirable,” Opus 3, Ltd., 91 F.3d at 629 (citation and internal quotation marks omitted), or “helpful.” United States v. Agnes, 753 F.2d 293, 307 (3rd Cir. 1985), abrogated on other grounds by Smith v. Borough of Wilkinsburg, 147 F.3d 272 (3rd Cir. 1998); Olofson, 563 F.3d at 661.

11
United States v. Agnes, Louis, AKA \Louis Martin\"green
· 1985 · cited in 1 Kentucky opinions naming this issue, 2016–2016
1 sentence

2016Although it appears that no court has developed a precise test for what makes a witness’s presence “essential,” the proponent of the exception must do more than show that the witness’s presence is “simply desirable,” Opus 3, Ltd., 91 F.3d at 629 (citation and internal quotation marks omitted), or “helpful.” United States v. Agnes, 753 F.2d 293, 307 (3rd Cir. 1985), abrogated on other grounds by Smith v. Borough of Wilkinsburg, 147 F.3d 272 (3rd Cir. 1998); Olofson, 563 F.3d at 661.

11
United States v. Construction Products Research, Inc. Five Star Products, Inc. And H. Nash Babcockgreen
ca2 · 1996 · cited in 1 Kentucky opinions naming this issue, 2002–2002
2 sentences

2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) ("If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.") (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) ("Because privileges opera

2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) (“If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.”) (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) (“Because privileges opera

11
Stidham v. Clarkgreen
ky · 2002 · cited in 1 Kentucky opinions naming this issue, 2002–2002
2 sentences

2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) ("If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.") (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) ("Because privileges opera

2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) (“If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.”) (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) (“Because privileges opera

11
United States v. Abrahamsgreen
ca9 · 1990 · cited in 1 Kentucky opinions naming this issue, 2002–2002
2 sentences

2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) ("If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.") (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) ("Because privileges opera

2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) (“If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.”) (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) (“Because privileges opera

11
United States v. Josegreen
ca9 · 1997 · cited in 1 Kentucky opinions naming this issue, 2002–2002
2 sentences

2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) ("If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.") (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) ("Because privileges opera

2002Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) (“If the party invoking the privilege does not provide sufficient detail to demonstrate fulfillment of all the legal requirements for application of the privilege his claim will be rejected.”) (quotation omitted); United States v. Abrahams, 905 F.2d 1276, 1283 (9th Cir.1990) (proponent has the burden of establishing all of the conditions necessary for application of the privilege), overruled on other grounds by United States v. Jose, 131 F.3d 1325, 1329 (9th Cir.1997); cf. Stidham v. Clark, Ky., 74 S.W.3d 719, 725 (2002) (“Because privileges opera

11
David R. Hawkins v. Andrea L. Stablesgreen
ca4 · 1998 · cited in 1 Kentucky opinions naming this issue, 2002–2002
2 sentences

2002Hawkins v. Stables, supra, at 381 (burden of proof is on the proponent of the privilege); United States v. Construction Prods.

2002Hawkins v. Stables, supra, at 381 (burden of proof is on the proponent of the privilege); United States v. Construction Prods.

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 (7)

CaseCitedYears
Allen v. Commonwealth green
ky · 2011
2 sentences

2023On appellate review from the denial of a requested instruction, we must “[c]onstru[e] the evidence favorably to the proponent of the instruction. . . [and] ask whether the evidence would permit a reasonable juror to make the finding the instruction authorizes.” Allen v. Commonwealth, 338 S.W.3d 252 , 255 n.1 (Ky. 2011); see also 23A C.J.S.

2023On appellate review from the denial of a requested instruction, we must “[c]onstru[e] the evidence favorably to the proponent of the instruction. . . [and] ask whether the evidence would permit a reasonable juror to make the finding the instruction authorizes.” Allen v. Commonwealth, 338 S.W.3d 252 , 255 n.1 (Ky. 2011); see also 23A C.J.S.

172013–2023
Thomas v. Commonwealth green
ky · 2005
2 sentences

2021Thus, “[c]onsidering the evidence favorably to the proponent of the instruction, we ask, as just noted, whether a reasonable juror could acquit of the greater charge but convict of the lesser.” Id. (citing Thomas v. Commonwealth, 170 S.W.3d 343 (Ky. 2005); Osborne, supra; Commonwealth v. Wolford, 4 S.W.3d 534 (Ky. 1999)).

2011Thomas v. Commonwealth, 170 S.W.3d 343 (Ky.2005); Osborne, supra; Commonwealth v. Wolford, 4 S.W.3d 534 (Ky.1999). 1 Generally, of course, a lesser included offense instruction is not required unless the lesser offense is, in fact, “included” within the greater charged offense.

22011–2021
Osborne v. Commonwealth green
ky · 2001
2 sentences

2021Thus, “[c]onsidering the evidence favorably to the proponent of the instruction, we ask, as just noted, whether a reasonable juror could acquit of the greater charge but convict of the lesser.” Id. (citing Thomas v. Commonwealth, 170 S.W.3d 343 (Ky. 2005); Osborne, supra; Commonwealth v. Wolford, 4 S.W.3d 534 (Ky. 1999)).

2011Thomas v. Commonwealth, 170 S.W.3d 343 (Ky.2005); Osborne, supra; Commonwealth v. Wolford, 4 S.W.3d 534 (Ky.1999). 1 Generally, of course, a lesser included offense instruction is not required unless the lesser offense is, in fact, “included” within the greater charged offense.

22011–2021
Commonwealth v. Wolford green
ky · 1999
2 sentences

2021Thus, “[c]onsidering the evidence favorably to the proponent of the instruction, we ask, as just noted, whether a reasonable juror could acquit of the greater charge but convict of the lesser.” Id. (citing Thomas v. Commonwealth, 170 S.W.3d 343 (Ky. 2005); Osborne, supra; Commonwealth v. Wolford, 4 S.W.3d 534 (Ky. 1999)).

2011Thomas v. Commonwealth, 170 S.W.3d 343 (Ky.2005); Osborne, supra; Commonwealth v. Wolford, 4 S.W.3d 534 (Ky.1999). 1 Generally, of course, a lesser included offense instruction is not required unless the lesser offense is, in fact, “included” within the greater charged offense.

22011–2021
Baker v. Com. of Ky. green
moctapp · 2018
1 sentence

2025Id.

12025–2025
McAbee v. Chapman green
ky · 2016
1 sentence

2019Id. at T7.

12019–2019
Edward C. Smith v. Borough of Wilkinsburg green
ca3 · 1998
1 sentence

2016Although it appears that no court has developed a precise test for what makes a witness’s presence “essential,” the proponent of the exception must do more than show that the witness’s presence is “simply desirable,” Opus 3, Ltd., 91 F.3d at 629 (citation and internal quotation marks omitted), or “helpful.” United States v. Agnes, 753 F.2d 293, 307 (3rd Cir. 1985), abrogated on other grounds by Smith v. Borough of Wilkinsburg, 147 F.3d 272 (3rd Cir. 1998); Olofson, 563 F.3d at 661.

12016–2016

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 508.060 (8) KY § Ky. Rev. Stat. § 501.020 (5) KY § Ky. Rev. Stat. § 501.060 (5) KY § Ky. Rev. Stat. § 507.020 (5) KY § Ky. Rev. Stat. § 506.010 (4) KY § Ky. Rev. Stat. § 507.030 (4) KY § Ky. Rev. Stat. § 508.070 (4) KY § Ky. Rev. Stat. § 511.020 (4) KY § Ky. Rev. Stat. § 501.080 (3) KY § Ky. Rev. Stat. § 503.050 (3) KY § Ky. Rev. Stat. § 505.020 (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

AZ 304 (1980–2026) VA 205 (1992–2026) TX 153 (1988–2025) MO 63 (1968–2024) NY 60 (1895–2026) OH 59 (1997–2026) CA 52 (1915–2026) KY 28 (2002–2025) MI 27 (1975–2025) IL 21 (1887–2025) NV 20 (1998–2021) PA 19 (1985–2025) WA 18 (1975–2023) FL 18 (1971–2023) CO 12 (1986–2025) OR 11 (1984–2025) SC 11 (1997–2026) NM 10 (1985–2025) CT 7 (2000–2021) IN 6 (1986–2019) DC 6 (1980–2025) MN 6 (1986–1991) MD 6 (1992–2016) MA 6 (1997–2016) DE 5 (1989–2022) WY 5 (1979–1982) TN 5 (1939–2021) NC 4 (1992–2011) ID 4 (1960–2023) RI 4 (2001–2007) VT 4 (2024–2026) AR 4 (2002–2025) MS 4 (1990–2010) GA 3 (2014–2024) NJ 2 (1993–1995) WI 2 (2006–2011) LA 2 (1975–1996) NE 2 (2023–2024) OK 2 (1992–1993) AL 2 (1982–2011) ND 2 (2012–2012) SD 2 (1917–2004) VI 2 (2012–2017)

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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