concept of palpable error (Kentucky) · Go Syfert
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concept of palpable error in Kentucky

18 Kentucky opinions name it 2 courts 2013–2026 10 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 (5)

CaseFollowedCited
Lamb v. Commonwealthgreen
ky · 2017 · cited in 16 Kentucky opinions naming this issue, 2017–2026
2 sentences

2026“Implicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Lamb v. Commonwealth, 510 S.W.3d 316, 325 (Ky. 2017).

2025“Implicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Lamb v. Commonwealth, 510 S.W.3d 316, 325 (Ky. 2017).

1516
Martin v. Commonwealthgreen
ky · 2006 · cited in 4 Kentucky opinions naming this issue, 2017–2025
2 sentences

2017Commonwealth, 206 S.W.3d 343, 349 (Ky. 7 2006). “lmplicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Lamb v. Commonwealth, 510 S.W.3d 316, 325 (Ky. 2017). “‘Manifest’ injustice requires showing a probability of a different result or error__so fundamental as to threaten a defendants entitlement to due‘process of law, i.e., the error so seriously affected the fairness integrity, or public reputation of the proceeding as to be “shocking or jurisprudentially intolerable.” Spears, 448 S.W.3d at 7

2017“Implicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Lamb v. Commonwealth 510 S.W.3d 316, 325 (Ky. 2017). “‘Manifest’ injustice requires showing a probability of a different result or errorrso fundamental as to threaten a defendant's entitlement to due_process of law, i.e., the error so seriously affected the fairness, integrity, or public reputation of the proceeding as to be “shocking or jurisprudentially intolerable.” Spears, 448 S.W.3d at 791 (citing Martin v. Commonwealth, 207 S.W.3d 1,

44
Nami Res. Co. v. Asher Land & Mineral, Ltd.green
moctapp · 2018 · cited in 2 Kentucky opinions naming this issue, 2023–2025
2 sentences

2025Implicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Nami Resources Company, L.L.C. v. Asher Land and Mineral, Ltd., 554 S.W.3d 323, 338 (Ky. 2018).

2023“Implicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Nami Res., 554 S.W.3d at 338 (Ky. 2018) (quoting Lamb v. Commonwealth, 510 S.W.3d 316, 325 (Ky. 2017)).

22
Brewer v. Commonwealthgreen
ky · 2006 · cited in 2 Kentucky opinions naming this issue, 2017–2022
2 sentences

2022“Implicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Id. (quoting Lamb v. Commonwealth, 510 S.W.3d 316, 325 (Ky. 2017)).19 In hearings before the Commission, the Kentucky Rules of Evidence apply.

2017Commonwealth, 206 S.W.3d 343, 349 (Ky. 7 2006). “lmplicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Lamb v. Commonwealth, 510 S.W.3d 316, 325 (Ky. 2017). “‘Manifest’ injustice requires showing a probability of a different result or error__so fundamental as to threaten a defendants entitlement to due‘process of law, i.e., the error so seriously affected the fairness integrity, or public reputation of the proceeding as to be “shocking or jurisprudentially intolerable.” Spears, 448 S.W.3d at 7

12
McCloud v. Commonwealthgreen
ky · 2009 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023“In order for an error to be palpable, the error must be so egregious as to be shocking or jurisprudentially intolerable.” McCloud v. Commonwealth, 286 S.W.3d 780, 788-89 (Ky. 2009) (internal quotation marks citations omitted).

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 (2)

CaseCitedYears
Spears v. Commonwealth green
ky · 2014
2 sentences

2017“Implicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Lamb v. Commonwealth, 510 S.W.3d 316, 325 (Ky. 2017). “‘Manifest’ injustice requires showing a probability of a different result or errorso fundamental as to threaten a defendants entitlement to due_process of law, i.e., the error so seriously affected the fairness, integrity, or public reputation of the proceeding as to be “shocking or jurisprudentially intolerable.” Spears, 448 S.W.3d at 791 (citing Martin v. Commonwealth 207 S.W.3d l, 3

2017“Implicit in the concept of palpable error correction is that the error is so obvious that the trial court was remiss in failing to act upon it sua sponte.” Lamb v. Commonwealth 510 S.W.3d 316, 325 (Ky. 2017). “‘Manifest’ injustice requires showing a probability of a different result or errorrso fundamental as to threaten a defendant's entitlement to due_process of law, i.e., the error so seriously affected the fairness, integrity, or public reputation of the proceeding as to be “shocking or jurisprudentially intolerable.” Spears, 448 S.W.3d at 791 (citing Martin v. Commonwealth, 207 S.W.3d 1,

42017–2017
Martin v. Commonwealth green
ky · 2013
1 sentence

2013This Court directly addressed the issue of unpreserved allegations of instructional error as discussed by Criminal Rule 9.54(2) and the concept of palpable error review in Martin v. Commonwealth, 409 S.W.3d 340 (Ky.2013).

12013–2013

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 501.020 (4) KY § Ky. Rev. Stat. § 505.020 (4) KY § Ky. Rev. Stat. § 507.020 (4)

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.

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