consequences waiver (Kentucky) · Go Syfert
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consequences waiver in Kentucky

16 Kentucky opinions name it 3 courts 1912–2024 5 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
Wilfong v. Commonwealthgreen
kyctapp · 2004 · cited in 7 Kentucky opinions naming this issue, 2016–2024
2 sentences

2022“The entry of a guilty plea under the Alford doctrine carries the same consequences as a standard plea of guilty.” Id. at 102 . -2- into the passenger seat of Jaleesa’s SUV and Brennan sat in the back seat behind Jaleesa.

2020“The entry of a guilty plea under the Alford doctrine carries the same consequences as a standard plea of guilty.” Id. at 102 (internal quotation marks omitted). -3- that the commission of a new felony would be a violation of the conditions of his probation and the new charge could not serve as the basis for a revocation of probation.

67
Faretta v. Californiagreen
scotus · 1975 · cited in 2 Kentucky opinions naming this issue, 1989–2004
2 sentences

2004The foundation of this entitlement is the right of the defendant to control his defense and be the “pilot of the ship.” Jacobs, supra, at 417-18 ; see also Faretta, supra, at 819-20 , 95 S.Ct. at 2533 (“The right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails.”).

2004The foundation of this entitlement is the right of the defendant to control his defense and be the "pilot of the ship." Jacobs, supra, at 417-18 ; see also Faretta, supra, at 819-20 , 95 S.Ct. at 2533 ("The right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails.").

12
Coker v. Commonwealthgreen
kyctapp · 1991 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023By entering such a plea, a defendant may be able to avoid formally admitting guilt at the time of sentencing, but he nonetheless consents to being treated as if he were guilty with no assurances to the contrary.” Wilfong, 175 S.W.3d at 102 (internal quotation marks omitted). -3- searched and state sufficient facts to establish probable cause for the search of the property or premises.’” Guth v. Commonwealth, 29 S.W.3d 809, 811 (Ky. App. 2000) (emphasis added) (quoting Coker v. Commonwealth, 811 S.W.2d 8, 9 (Ky. App. 1991)).

11
Guth v. Commonwealthgreen
kyctapp · 2000 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023By entering such a plea, a defendant may be able to avoid formally admitting guilt at the time of sentencing, but he nonetheless consents to being treated as if he were guilty with no assurances to the contrary.” Wilfong, 175 S.W.3d at 102 (internal quotation marks omitted). -3- searched and state sufficient facts to establish probable cause for the search of the property or premises.’” Guth v. Commonwealth, 29 S.W.3d 809, 811 (Ky. App. 2000) (emphasis added) (quoting Coker v. Commonwealth, 811 S.W.2d 8, 9 (Ky. App. 1991)).

11
State v. N.G.green
njsuperctappdiv · 1997 · cited in 1 Kentucky opinions naming this issue, 2004–2004
2 sentences

2004To bolster his claim of ineffective assistance, Humphrey cites State v. N.G., 305 N.J.Super. 132 , 701 A.2d 976 (1997), a New Jersey Superior Court case which held that the failure of a child's attorney to advise the child and/or his mother of both the benefits of voluntary waiver to adult court and the consequences of such a waiver constituted a prima facie showing of ineffective assistance of counsel.

2004To bolster his claim of ineffective assistance, Humphrey cites State v. N.G., 305 N.J.Super. 132 , 701 A.2d 976 (1997), a New Jersey Superior Court case which held that the failure of a child's attorney to advise the child and/or his mother of both the benefits of voluntary waiver to adult court and the consequences of such a waiver constituted a prima facie showing of ineffective assistance of counsel.

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
Peterson v. Hovland neutral
minn · 1950
2 sentences

2022Re Peterson’s Estate, 230 Minn. 478 , 42 N.W.2d 59 , 18 A.L.R.2d 910 [(1950)].

1966Re Peterson’s Estate, 230 Minn. 478 , 42 N.W.2d 59 , 18 A.L.R.2d 910 .

21966–2022
In Re Estate of Peterson green
minn · 1950
2 sentences

2022Re Peterson’s Estate, 230 Minn. 478 , 42 N.W.2d 59 , 18 A.L.R.2d 910 [(1950)].

2022Re Peterson’s Estate, 230 Minn. 478 , 42 N.W.2d 59 , 18 A.L.R.2d 910 [(1950)].

21966–2022
Jacobs v. Commonwealth green
ky · 1994
2 sentences

2004The foundation of this entitlement is the right of the defendant to control his defense and be the “pilot of the ship.” Jacobs, supra, at 417-18 ; see also Faretta, supra, at 819-20 , 95 S.Ct. at 2533 (“The right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails.”).

2004The foundation of this entitlement is the right of the defendant to control his defense and be the "pilot of the ship." Jacobs, supra, at 417-18 ; see also Faretta, supra, at 819-20 , 95 S.Ct. at 2533 ("The right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails.").

12004–2004
Carter v. Commonwealth green
ky · 1990
1 sentence

2004There was no evidence that Carter, personally, had a legal reason why he was unable to attend, and no proof that his presence would have made a difference." Carter, 782 S.W.2d at 599 .

12004–2004
Estelle v. Williams green
scotus · 1976
2 sentences

1994In Estelle v. Williams, 425 U.S. 501 , 96 S.Ct. 1691 , 48 L.Ed.2d 126 (1976), Chief Justice Burger stated: Under our adversary system, once a defendant has the assistance of counsel the vast array of trial decisions, strategic and tactical, which must be made before and during trial rests with the accused and his attorney.

1994In Estelle v. Williams, 425 U.S. 501 , 96 S.Ct. 1691 , 48 L.Ed.2d 126 (1976), Chief Justice Burger stated: Under our adversary system, once a defendant has the assistance of counsel the vast array of trial decisions, strategic and tactical, which must be made before and during trial rests with the accused and his attorney.

11994–1994
Caperton v. Humpick neutral
kyctapp · 1893
1 sentence

1918In the cage of Caperton v. Humpick, supra, it was held that a mere objection made by the property owner to the contractor at the beginning’ of or during’ the progress of the work was insufficient to save him from the consequences of the waiver, and that in order to do so be should manifest his objections by some character of legal proceeding having for its purpose the stopping of the work, unless a valid reason existed for his failure to do so.

11918–1918
Louisville School Board v. King green
kyctapp · 1908
1 sentence

1912The term of escheat may, therefore, be properly applied to any state of case which the Constitution or Legislature of the State may declare is a just and proper exercise of the latter’s police power.” Notwithstanding its holding of the real estate es-cheated more than five years, appellant might at any time before the institution by appellees of this action have protected it against escheat by a bona fide sale thereof to a purchaser for value, but having failed to do so, it will not be allowed, after the escheat is declared, to escape the consequences of its violation of the law in illegally h

11912–1912

Where else courts name it

NY 193 (1888–2026) TX 129 (1893–2025) CA 98 (1871–2025) IL 90 (1932–2026) TN 67 (1872–2026) OH 67 (1990–2026) CT 58 (1939–2026) FL 44 (1910–2026) PA 41 (1906–2024) NC 38 (1943–2021) MN 37 (1979–2026) NJ 35 (1903–2024) MA 30 (1906–2025) MI 26 (1932–2018) WA 25 (1940–2021) MD 24 (1903–2021) LA 23 (1905–2025) IN 20 (1890–2019) WV 17 (1885–2020) UT 17 (1897–2024) IA 16 (1883–2018) KY 16 (1912–2024) AL 16 (1983–2017) ID 16 (1929–2018) KS 15 (1907–2024) VT 15 (1848–2017) OK 13 (1948–2010) HI 13 (1981–2018) RI 12 (1976–2025) OR 12 (1914–2022) AZ 12 (1969–2024) NM 12 (1938–2023) SC 10 (1964–2023) MO 10 (1907–2011) GA 10 (1914–2020) CO 9 (1985–2012) ME 9 (1917–1995) WI 9 (1901–2024) DC 9 (1982–2015) DE 9 (1948–2025) MS 7 (1940–2022) NV 6 (1910–2017) NE 6 (1902–2017) ND 4 (1897–2015) AR 4 (1886–2017) MT 4 (1895–2024) WY 3 (1992–2002) SD 3 (1986–2004) AK 2 (1977–1984) PR 2 (1963–2004)

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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