grounds challenge in Kentucky

16 Kentucky opinions name it 3 courts 1921–2025 2 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 (7)

Case	Followed	Cited
Bartley v. Loyallgreen kyctapp · 1982 · cited in 3 Kentucky opinions naming this issue, 1994–2011 2 sentences 2011RCr 9.34 states that “[a] motion raising an irregularity in the selection or summons of the jurors or formation of the jury must precede the examination of the jurors.” However, in extrapolating from some of our early and mid-20th Century opinions, the Court of Appeals cogently noted that a jury selection challenge is not waived if counsel “neither knew nor by the exercise of reasonable diligence could have known of the grounds for challenge before the jury was accepted.” Bartley v. Loyall, 648 S.W.2d 873, 876 (Ky.App.1982) (discussing cases). 1995In Bartley v. Loyall, Ky.App., 648 S.W.2d 873 (1982), the Court of Appeals held that a challenge to the method of juror selection was not waived by failure to challenge the method before the jury was selected “if the complaining party neither knew nor by the exercise of reasonable diligence could have known of the grounds for challenge before the jury was selected.” Id. at 876 .	1	3
Lanham v. Commonwealthgreen ky · 2005 · cited in 1 Kentucky opinions naming this issue, 2015–2015 1 sentence 2015This Court has long “disapprove[d] of the practice of asking a witness whether another witness [has lied].” Hall v. Commonwealth, 337 S.W.3d 595, 602 (Ky.2011); see also Lanham v. Commonwealth, 171 S.W.3d 14, 23 (Ky.2005) (“[I]t is generally improper for a witness to characterize the testimony of another witness as ‘lying’ or otherwise.”).	1	1
Hall v. Commonwealthgreen ky · 2011 · cited in 1 Kentucky opinions naming this issue, 2015–2015 1 sentence 2015This Court has long “disapprove[d] of the practice of asking a witness whether another witness [has lied].” Hall v. Commonwealth, 337 S.W.3d 595, 602 (Ky.2011); see also Lanham v. Commonwealth, 171 S.W.3d 14, 23 (Ky.2005) (“[I]t is generally improper for a witness to characterize the testimony of another witness as ‘lying’ or otherwise.”).	1	1
Grant v. Demskiegreen nysd · 1999 · cited in 1 Kentucky opinions naming this issue, 2014–2014 1 sentence 2014When defense counsel again sought to introduce the evidence during its cross-examination of Sally the following day, the trial judge was more amenable to allowing the evidence but ultimately chose to reaffirm his earlier decision to exclude the evidence because nothing was known about the websites, what the victim saw or did not see, or how she would respond to questioning about them. .For a comprehensive discussion of the “sexual innocence inference theory” and its ac-knowledgement by other courts, see generally Grant v. Demskie, 75 F.Supp.2d 201, 213-16 (S.D.N.Y. 1999) .(“The theory is based	1	1
Breathitt County Board of Education v. Pratergreen ky · 2009 · cited in 1 Kentucky opinions naming this issue, 2012–2012 1 sentence 2012See Breathitt County Bd. Of Educ. v. Prater, 292 S.W.3d 883, 886 (Ky.2009).	1	1
Pile v. City of Brandenburggreen ky · 2007 · cited in 1 Kentucky opinions naming this issue, 2010–2010 1 sentence 2010Standard of Review “Summary judgment procedure authorized by CR 56.01 et seq. is intended to expedite the disposition of cases and if the grounds provided by the rule are established, it is the responsibility of the trial judge to render an appropriate decision.” Pile v. City of Brandenburg, 215 S.W.3d 36, 39 (Ky.2006).	1	1
Rose v. Mitchellgreen scotus · 1979 · cited in 1 Kentucky opinions naming this issue, 1983–1983 2 sentences 1983See Rose v. Mitchell, 443 U.S. 545 , 99 S.Ct. 2993 , 61 L.Ed.2d 739 (1979); Castaneda v. Partida, 430 U.S. 482 , 97 S.Ct. 1272 , 51 L.Ed.2d 498 (1977); Alexander v. Louisiana, 405 U.S. 625 , 92 S.Ct. 1221 , 31 L.Ed.2d 536 (1972). 1983See Rose v. Mitchell, 443 U.S. 545 , 99 S.Ct. 2993 , 61 L.Ed.2d 739 (1979); Castaneda v. Partida, 430 U.S. 482 , 97 S.Ct. 1272 , 51 L.Ed.2d 498 (1977); Alexander v. Louisiana, 405 U.S. 625 , 92 S.Ct. 1221 , 31 L.Ed.2d 536 (1972).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (22)

Case	Cited	Years
Cummings v. Commonwealth green moctapp · 2018 1 sentence 2025The issue in Cummings was whether defense counsel waived the right to challenge Juror #25 and that required that he “neither knew nor by the exercise of reasonable diligence could have known of the grounds for challenge before the jury was accepted.” Id. (internal quotation marks and citation omitted).	1	2025–2025
Gray v. Commonwealth green ky · 2016 1 sentence 2025Sergeant Gregory testified Ray was interviewed but no search warrants were obtained for his DNA or phone records. 12 Kentucky Rules of Evidence. 12 something more than simple relevance or the threat of confusion or deception can indeed substantially outweigh the evidentiary value of the theory.” Id.	1	2025–2025
Alexander v. Louisiana green scotus · 1972 2 sentences 1983See Rose v. Mitchell, 443 U.S. 545 , 99 S.Ct. 2993 , 61 L.Ed.2d 739 (1979); Castaneda v. Partida, 430 U.S. 482 , 97 S.Ct. 1272 , 51 L.Ed.2d 498 (1977); Alexander v. Louisiana, 405 U.S. 625 , 92 S.Ct. 1221 , 31 L.Ed.2d 536 (1972). 1983See Rose v. Mitchell, 443 U.S. 545 , 99 S.Ct. 2993 , 61 L.Ed.2d 739 (1979); Castaneda v. Partida, 430 U.S. 482 , 97 S.Ct. 1272 , 51 L.Ed.2d 498 (1977); Alexander v. Louisiana, 405 U.S. 625 , 92 S.Ct. 1221 , 31 L.Ed.2d 536 (1972).	1	1983–1983
Castaneda v. Partida green scotus · 1977 2 sentences 1983See Rose v. Mitchell, 443 U.S. 545 , 99 S.Ct. 2993 , 61 L.Ed.2d 739 (1979); Castaneda v. Partida, 430 U.S. 482 , 97 S.Ct. 1272 , 51 L.Ed.2d 498 (1977); Alexander v. Louisiana, 405 U.S. 625 , 92 S.Ct. 1221 , 31 L.Ed.2d 536 (1972). 1983See Rose v. Mitchell, 443 U.S. 545 , 99 S.Ct. 2993 , 61 L.Ed.2d 739 (1979); Castaneda v. Partida, 430 U.S. 482 , 97 S.Ct. 1272 , 51 L.Ed.2d 498 (1977); Alexander v. Louisiana, 405 U.S. 625 , 92 S.Ct. 1221 , 31 L.Ed.2d 536 (1972).	1	1983–1983
Dealers Transport Co. v. Battery Distributing Co. green kyctapphigh · 1966 2 sentences 1975In Dealers Transport Co. v. Battery Distributing Co., Ky., 402 S.W.2d 441 (1966) we adopted the view of strict product liability in tort expressed in Section 402 A of the American Law Institute's Restatement of Torts 2d. "402 A. Special Liability of Seller of Product for Physical Harm to User or Consumer (1) One who sells any product in a defective condition unreasonably dangerous to the user or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, an 1975In Dealers Transport Co. v. Battery Distributing Co., Ky., 402 S.W.2d 441 (1966) we adopted the view of strict product liability in tort expressed in Section 402 A of the American Law Institute’s Restatement of Torts 2d. “402 A. Special Liability of Seller of Product for Physical Harm to User or Consumer (1) One who sells any product in a defective condition unreasonably dangerous to the user or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, an	1	1975–1975
Himes v. Commonwealth neutral kyctapp · 1961 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
Benoit v. Commonwealth neutral kyctapp · 1966 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
Chick v. Commonwealth green kyctapp · 1966 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
Odewahn v. Commonwealth neutral kyctapp · 1966 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
Caudill v. Commonwealth green kyctapp · 1966 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
King v. Commonwealth green kyctapp · 1966 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
Tipton v. Commonwealth green kyctapphigh · 1966 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
Satterly v. Commonwealth neutral kyctapphigh · 1969 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
Gray v. Wingo green kyctapphigh · 1968 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
Polsgrove v. Commonwealth green kyctapphigh · 1969 1 sentence 1970Counsel for appellant concedes that he is not entitled to the relief sought herein under the pronouncements of Satterly v. Commonwealth, Ky., 441 S.W.2d 144 ; Polsgrove v. Commonwealth, Ky., 439 S.W.2d 776 ; Gray v. Wingo, Ky., 423 S.W.2d 517 ; King v. Commonwealth, Ky., 408 S.W.2d 204 ; Caudill v. Commonwealth, Ky., 408 S.W.2d 182 ; Odewahn v. Commonwealth, Ky., 407 S.W.2d 137 ; Chick v. Commonwealth, Ky., 405 S.W.2d 14 ; Benoit v. Commonwealth, Ky., 402 S.W.2d 706 ; Tipton v. Commonwealth, Ky., 398 S.W.2d 493 and Himes v. Commonwealth, Ky., 350 S.W.2d 637 .	1	1970–1970
Collins v. Commonwealth green kyctapp · 1956 1 sentence 1962Collins v. Commonwealth, Ky., 297 S.W.2d 54 .	1	1962–1962
Goins v. Hudson, Jailer neutral kyctapphigh · 1932 2 sentences 1952In the case of Goins v. Hudson, 246 Ky. 517 , 55 S.W.2d 388, 390 , it was said: “One of the grounds on which the instruction is assailed is that it permitted the jailer to justify if he had reasonable grounds to believe that Goins was publicly drunk in his presence. 1952In the case of Goins v. Hudson, 246 Ky. 517 , 55 S.W.2d 388, 390 , it was said: “One of the grounds on which the instruction is assailed is that it permitted the jailer to justify if he had reasonable grounds to believe that Goins was publicly drunk in his presence.	1	1952–1952
Knight v. Whitman neutral kyctapp · 1869 1 sentence 1948In the early case of Slater v. Sherman, 5 Bush 206 , where a fraudulent transfer was resisted on the grounds that the claim was not, at the date of the transfer, an existing liability, it was said: “* * * the execution of said conveyance was prompted by a fraudulent design to hinder or defeat the successful prosecution of the plaintiff’s right of action for the wrongs and injuries which Slater had but recently before committed; * * In Knight v. Whitman, 6 Bush 51 , 99 Am.	1	1948–1948
Slater v. Sherman neutral kyctapp · 1868 2 sentences 1948In the early case of Slater v. Sherman, 5 Bush 206 , where a fraudulent transfer was resisted on the grounds that the claim was not, at the date of the transfer, an existing liability, it was said: “* * * the execution of said conveyance was prompted by a fraudulent design to hinder or defeat the successful prosecution of the plaintiff’s right of action for the wrongs and injuries which Slater had but recently before committed; * * In Knight v. Whitman, 6 Bush 51 , 99 Am. 1948Dec. 652 , we said: “This court, in Slater v. Sherman, 5 Bush 206 , has ■decided that even in tort cases the liability was incurred at the time and by committing the tort.” We conclude, therefore, that under the facts and circumstances of this case the court should have refused to dissolve the attachment and should have allowed the money to be held until final adjudication of the matter.	1	1948–1948
Terrell v. Commonwealth neutral · 1877 1 sentence 1921The following decisions are cited as illustrations of the view this court has taken of the provisions of section 281, and which we think fully sustain the views herein expressed: Terrell v. Com., 13 Bush 246 ; Kennedy v. Com., 14 Bush 340 ; Curtis v. Com., 110 Ky. 845 ; Morrison v. Com., 21 K.	1	1921–1921
Kennedy v. Commonwealth green kyctapp · 1878 1 sentence 1921The following decisions are cited as illustrations of the view this court has taken of the provisions of section 281, and which we think fully sustain the views herein expressed: Terrell v. Com., 13 Bush 246 ; Kennedy v. Com., 14 Bush 340 ; Curtis v. Com., 110 Ky. 845 ; Morrison v. Com., 21 K.	1	1921–1921
Curtis v. Commonwealth neutral kyctapp · 1901 1 sentence 1921The following decisions are cited as illustrations of the view this court has taken of the provisions of section 281, and which we think fully sustain the views herein expressed: Terrell v. Com., 13 Bush 246 ; Kennedy v. Com., 14 Bush 340 ; Curtis v. Com., 110 Ky. 845 ; Morrison v. Com., 21 K.	1	1921–1921

Where else courts name it

TX 221 (1882–2026) LA 173 (1911–2026) OH 100 (1876–2026) CA 75 (1863–2026) PA 69 (1905–2024) NC 62 (1886–2026) NY 62 (1851–2026) IL 53 (1908–2026) AL 49 (1881–2015) VA 49 (1912–2025) GA 42 (1888–2024) ID 40 (1916–2025) MO 40 (1894–2018) FL 36 (1901–2026) MI 28 (1921–2025) MN 26 (1916–2025) IN 25 (1873–2018) CT 23 (1896–2014) IA 22 (1899–2021) OR 22 (1892–2022) WI 21 (1885–2024) OK 18 (1910–2009) WV 18 (1890–2016) WA 18 (1904–2020) MD 16 (1945–2025) KY 16 (1921–2025) MT 14 (1923–2022) SC 14 (1924–2024) KS 14 (1896–2018) CO 14 (1899–2025) MA 13 (1975–2024) MS 13 (1925–2008) VT 12 (1911–2026) NJ 11 (1895–2025) AR 10 (1894–2014) ND 9 (1890–2000) TN 8 (1951–2019) DE 8 (1964–2024) NM 8 (1971–2025) AZ 8 (1956–2020) RI 8 (1985–2014) HI 7 (1943–2026) DC 7 (1978–2012) UT 6 (1898–2009) WY 5 (1900–2020) NH 5 (1964–2020) NE 5 (1911–1999) AK 4 (1984–1998) NV 4 (1867–1983) SD 3 (1894–1905) PR 2 (1928–1942) ME 2 (1947–2026)

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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