necessary waiver in Kentucky

2018See Fudenberg v. Molstad , 390 N.W.2d 19 (Minn. App. 1986) ; Lincoln v. Lincoln , 155 Ariz. 272 , 746 P.2d 13 (App. 1987) ; Fleck v. Fleck , 427 N.W.2d 355 (N.D. 1988).

2018See Fudenberg v. Molstad , 390 N.W.2d 19 (Minn. App. 1986) ; Lincoln v. Lincoln , 155 Ariz. 272 , 746 P.2d 13 (App. 1987) ; Fleck v. Fleck , 427 N.W.2d 355 (N.D. 1988).

2018See Fudenberg v. Molstad , 390 N.W.2d 19 (Minn. App. 1986) ; Lincoln v. Lincoln , 155 Ariz. 272 , 746 P.2d 13 (App. 1987) ; Fleck v. Fleck , 427 N.W.2d 355 (N.D. 1988).

1989See Fudenberg v. Molstad, 390 N.W.2d 19 (Minn.App.1986); Lincoln v. Lincoln, 155 Ariz. 272 , 746 P.2d 13 (App.1987); Fleck v. Fleck, 427 N.W.2d 355 (N.D.1988).

2026“The necessary inquiry, therefore, was not whether there was a warrant or whether there was time to get one, but whether there was probable cause for the arrest.” Watson, 423 U.S. at 417 .

2025Nevertheless, the Court concluded that “without substantially interfering with the governing powers of the coordinate branches, courts can require: (1) the necessary warning or correction of a known dangerous condition; (2) the necessary and proper maintenance of existing improvements. . . and (3) the proper construction or installation and design of the improvement plan.” Id. at 1086 .

2024However, we have faith that our trial courts and the parties will be able to perform the necessary analysis to make those distinctions until such time as the General Assembly deems it appropriate to address this potential dilemma. -6- Id.

2017In Reynolds, the Sixth Circuit noted federal courts had disagreed about the “reliability of using historical cell-site analysis to determine a caller’s location as being in a specific cell-sector.” Id. at 617 .

1993With full knowledge of the holding in Musselman v. Commonwealth, Ky., 705 S.W.2d 476 (1986) and Commonwealth v. Foley, Ky., 798 S.W.2d 947 (1990), we find there is a basic judicial determination inherent in finding sufficient evidence to warrant a pretrial suspension under the factors enumerated in KRS 189A.200(1).

1993With full knowledge of the holding in Musselman v. Commonwealth, Ky., 705 S.W.2d 476 (1986) and Commonwealth v. Foley, Ky., 798 S.W.2d 947 (1990), we find there is a basic judicial determination inherent in finding sufficient evidence to warrant a pretrial suspension under the factors enumerated in KRS 189A.200(1).

1983Gannett Co. v. DePasquale, supra , Richmond Newspapers, Inc. v. Virginia, supra , and Ashland Publishing Co. v. Asbury, supra .

1983Gannett Co. v. DePasquale, supra, Richmond Newspapers, Inc. v. Virginia, supra, and Ashland Publishing Co. v. Asbury, supra. This defect was promptly addressed by this Court and corrected by the trial court.

1965Any rule other than that stated in the second sentence of Rule 54(c) would mean preservation of the distinctions between law and equity and of the various forms of action which these rules are intended to abolish.” See also 6 Moore’s Fed.Prac. (2nd Ed.), Section 54.62 and Ferguson v. Utilities Elkhorn Coal Co., Ky., 313 S.W.2d 395 .

1940Reading v. Ford’s Heirs, 4 Ky. 338 , 1 Bibb. 338; Lewis v. Kash, 239 Ky. 117 , 38 S. W. (2d) 978 ; Patterson v. Miracle, 253 Ky. 347 , 69 S. W. (2d) 708 .

1940Middleton v. Commonwealth, 136 Ky. 354 , 124 S. W. 355 ; Tucker v. Commonwealth, 255 Ky. 635 , 75 S. W. (2d) 220 .

1940Middleton v. Commonwealth, 136 Ky. 354 , 124 S. W. 355 ; Tucker v. Commonwealth, 255 Ky. 635 , 75 S. W. (2d) 220 .

1940Reading v. Ford’s Heirs, 4 Ky. 338 , 1 Bibb. 338; Lewis v. Kash, 239 Ky. 117 , 38 S. W. (2d) 978 ; Patterson v. Miracle, 253 Ky. 347 , 69 S. W. (2d) 708 .

1940Reading v. Ford’s Heirs, 4 Ky. 338 , 1 Bibb. 338; Lewis v. Kash, 239 Ky. 117 , 38 S. W. (2d) 978 ; Patterson v. Miracle, 253 Ky. 347 , 69 S. W. (2d) 708 .

1940Reading v. Ford’s Heirs, 4 Ky. 338 , 1 Bibb. 338; Lewis v. Kash, 239 Ky. 117 , 38 S. W. (2d) 978 ; Patterson v. Miracle, 253 Ky. 347 , 69 S. W. (2d) 708 .

1940Reading v. Ford’s Heirs, 4 Ky. 338 , 1 Bibb. 338; Lewis v. Kash, 239 Ky. 117 , 38 S. W. (2d) 978 ; Patterson v. Miracle, 253 Ky. 347 , 69 S. W. (2d) 708 .

1940Middleton v. Commonwealth, 136 Ky. 354 , 124 S. W. 355 ; Tucker v. Commonwealth, 255 Ky. 635 , 75 S. W. (2d) 220 .

1940Middleton v. Commonwealth, 136 Ky. 354 , 124 S. W. 355 ; Tucker v. Commonwealth, 255 Ky. 635 , 75 S. W. (2d) 220 .

1934Co. v. Williams, 245, Ky. 466, 53 S. W. (2d) 751, 752 , it is said: “The right of way of a railroad company is acquired for public use, and possession thereof by others suffered by the railroad company must be deemed permissive and will not support the necessary presumption of a grant, in the absence of posifive notice brought home, to the railroad company.

1930It is true that a killing may be excused on the ground that it was done in the necessary defense of another (Wheat v. Commonwealth, (Ky.) 118 S. W. 264 ); Miller v. Commonwealth, 234 Ky. 135 , 27 S. W. (2d) 683 ), but that defense was submitted to the jury by an instruction that is not subjected to criticism, or subject to any.

1930It is true that a killing may be excused on the ground that it was done in the necessary defense of another (Wheat v. Commonwealth, (Ky.) 118 S. W. 264 ); Miller v. Commonwealth, 234 Ky. 135 , 27 S. W. (2d) 683 ), but that defense was submitted to the jury by an instruction that is not subjected to criticism, or subject to any.

1920As said in the ease of Speckert v. Ray, Judge, 166 Ky. 622 , “If, after the quashing of the return on the summons, she had advised the judge of the circuit court that she proposed taking no further step in the case, he doubtless would have entered judgment dismissing the case for want of jurisdiction of the person of the defendant from which judgment, upon reserving the necessary exception, she could have taken an appeal to this court and thereby obtained a review of the rulings of the circuit judge complained of.” The most recent utterance of this court on the subject is found in the opinion

1920Evans & Co., 168 Ky. 393 .

1918Co. v. Commonwealth, 126 Ky. 712 , 104 S. W. 771 , the railroad was indicted for maintaining a'public nuisance by habitually running its trains through the incorporated town of Burgin at such an unreasonable and unsafe rate of speed as to endanger the lives and safety of persons using the crossing and without giving the customary and necessary warning signals of their approach.

1918Co. v. Commonwealth, 126 Ky. 712 , 104 S. W. 771 , the railroad was indicted for maintaining a'public nuisance by habitually running its trains through the incorporated town of Burgin at such an unreasonable and unsafe rate of speed as to endanger the lives and safety of persons using the crossing and without giving the customary and necessary warning signals of their approach.

1907In Louisville, Cincinnati & Lexington Railroad Company v. Commonwealth, 80 Ky. 143 , 3 Ky. Law Rep. 644 , 44 Am.

1899The instruction quoted seems to have been based upon the case of Baker v. Com., 93 Ky., 304 , [ 19 S. W., 975 ], But in that case, the deceased and his party having undertaken to drive the accused from his own premises, he took refuge in his stable, and, as deceased approached, he called to him to stop.