17 Kentucky opinions name it 2 courts 2011–2025 8 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 |
|---|---|---|
Martin v. Commonwealthgreen2 sentences2023Under Kentucky Rule of Criminal Procedure (“RCr”) 10.26, “[a] palpable error which affects the substantial rights of a party may be considered . . . by an appellate court on appeal, even though insufficiently raised or preserved for review, and appropriate relief may be granted upon a determination that manifest injustice has resulted from the error.” A party claiming palpable error must show a “probability of a different result or error so fundamental as to threaten a defendant’s entitlement to due process of law.” Martin v. Commonwealth, 207 S.W.3d 1, 3 (Ky. 2006). 2022“In order to demonstrate an error rises to the level of a palpable error, the party claiming palpable error must show a ‘probability of a different result or [an] error so fundamental as to threaten a defendant’s entitlement to due process of law.’” Allen v. Commonwealth, 286 S.W.3d 221, 226 (Ky. 2009) (quoting Martin v. Commonwealth, 207 S.W.3d 1, 3 (Ky. 2006)). | 12 | 12 |
Allen v. Commonwealthgreen2 sentences2025“In order to demonstrate an error rises to the level of a palpable error, the party claiming palpable error must show a probability of a different result or [an] error so fundamental as to threaten a defendant’s entitlement to due process of law.” Allen v. Commonwealth, 286 S.W.3d 221, 226 (Ky. 2009) (internal quotation marks and citation omitted). 2023“In order to demonstrate an error rises to the level of a palpable error, the party claiming palpable error must show a probability of a different result or [an] error so fundamental as to threaten a defendant’s entitlement to due process of law.” Allen v. Commonwealth, 286 S.W.3d 221, 226 (Ky. 2009) (internal quotation marks and citation omitted). | 7 | 7 |
Chavies v. Commonwealthgreen2 sentences2025“A party claiming palpable error must show a probability of a different result or error so fundamental as to threaten a defendant’s entitlement to due process of law.” Chavies v. Commonwealth, 374 S.W.3d 313, 322-23 (Ky. 2012) (citation omitted). 2024“A party claiming palpable error must show a probability of a different result or error so fundamental as to threaten a defendant’s entitlement to due process of law.” Chavies v. Commonwealth, 374 S.W.3d 313, 322-23 (Ky. 2012). | 6 | 6 |
Commonwealth v. Jonesgreen2 sentences2018It should be so egregious that it jumps off the page ... and cries out for relief"); Martin v. Commonwealth, 207 S.W.3d 1, 4 (Ky. 2006) ("To discover manifest injustice, a reviewing court must plumb the depths of the proceeding ... to determine whether the defect in the proceeding was shocking or jurisprudentially intolerable."); Brock v. Commonwealth, 947 S.W.2d 24, 28 (Ky. 1997) ("[T]he requirement of 'manifest injustice' as used in RCr 10.26 [] mean[s] that the error must have prejudiced the substantial rights of the defendant, i.e., a substantial possibility exists that the result of the t 2015It should be so egregious that it jumps off the page ... and cries out for relief”)-, Martin v. Commonwealth, 207 S.W.3d 1, 4 (Ky.2006) (“To discover manifest injustice, a reviewing court must plumb the depths of the proceeding ... to determine whether the defect in the proceeding was shocking or juris-prudentially intolerable.”); Brock v. Commonwealth, 947 S.W.2d 24, 28 (Ky.1997) (“[T]he requirement of ‘manifest injustice’ as used in RCr 10.26 [ ] mean[s] that the error must have prejudiced the substantial rights of the defendant, i.e., a substantial possibility exists that the result of the | 3 | 3 |
McGuire v. Commonwealthgreen2 sentences2018See McGuire v. Commonwealth, 33 368 S.W.3d 100, 112 (Ky. 2012) (quoting Martin v. Commonwealth, 207 S.W.3d 1, 4 (Ky. 2006)) (Manifest injustice is found "if the error seriously affected the / 'fairness, integrity, or public reputation of the proceeding."'); Chavies v. Commonwealth, 374 S.W.3d 313, 322-23 (Ky. 2012) ("A party claiming palpable error must show a probability of a different result or .error so fundamental as to threaten a defendant's entitlement to due process oflaw. 2015See McGuire v. Commonwealth, 368 S.W.3d 100, 112 (Ky.2012) (quoting Martin v. Commonwealth, 207 S.W.3d 1, 4 (Ky.2006)) (Manifest injustice is found “if the error seriously affected the ‘fairness, integrity, or public reputation of the proceeding.’ ”); Chavies v. Commonwealth, 374 S.W.3d 313, 322-23 (Ky.2012) (“A party claiming palpable error must show a probability of a different result or error so fundamental as to threaten a defendant’s entitlement to due process of law. | 3 | 3 |
Brock v. Commonwealthgreen2 sentences2018It should be so egregious that it jumps off the page ... and cries out for relief"); Martin v. Commonwealth, 207 S.W.3d 1, 4 (Ky. 2006) ("To discover manifest injustice, a reviewing court must plumb the depths of the proceeding ... to determine whether the defect in the proceeding was shocking or jurisprudentially intolerable."); Brock v. Commonwealth, 947 S.W.2d 24, 28 (Ky. 1997) ("[T]he requirement of 'manifest injustice' as used in RCr 10.26 [] mean[s] that the error must have prejudiced the substantial rights of the defendant, i.e., a substantial possibility exists that the result of the t 2015It should be so egregious that it jumps off the page ... and cries out for relief”)-, Martin v. Commonwealth, 207 S.W.3d 1, 4 (Ky.2006) (“To discover manifest injustice, a reviewing court must plumb the depths of the proceeding ... to determine whether the defect in the proceeding was shocking or juris-prudentially intolerable.”); Brock v. Commonwealth, 947 S.W.2d 24, 28 (Ky.1997) (“[T]he requirement of ‘manifest injustice’ as used in RCr 10.26 [ ] mean[s] that the error must have prejudiced the substantial rights of the defendant, i.e., a substantial possibility exists that the result of the | 3 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Benham
green
1 sentence2021A trial court considers a motion for directed verdict under the standard set out in Commonwealth v. Benham, 816 S.W.2d 186 (Ky. 1991), which holds: On motion for directed verdict, the trial court must draw all fair and reasonable inferences from the evidence in favor of the Commonwealth. | 1 | 2021–2021 |
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.