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15 Kentucky opinions name it 1 courts 1997–2024 4 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 |
|---|---|---|
Slaven v. Commonwealthgreen2 sentences2024A defendant “is entitled to an instruction on any lawful defense that he has, including the defense that he is guilty of a lesser included offense of the crime charged.” Id. (citation omitted) (citing Slaven v. Commonwealth, 962 S.W.2d 845, 856 (Ky.1997); Sanborn v. Commonwealth, 754 S.W.2d 534, 550 (Ky.1988)). 2022“Under the familiar standard prescribed in Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999), a trial court abuses its discretion when its decision is arbitrary, unreasonable, unfair, or unsupported by sound legal principles.” Id. at 203. 5 “A defendant is entitled to an instruction on any lawful defense which he has.” Hudson v. Commonwealth, 202 S.W.3d 17, 20 (Ky. 2006) (quoting Slaven v. Commonwealth, 962 S.W.2d 845, 856 (Ky. 1997)). | 8 | 8 |
Hudson v. Commonwealthgreen2 sentences2022We have emphasized that a defendant “‘is entitled to an instruction on any lawful defense which he has,’ . . . including instructions on lesser included offenses.” Allen v. Commonwealth, 338 S.W.3d 252, 255 (Ky. 2011) (quoting Hudson v. Commonwealth, 202 S.W.3d 17, 20 (Ky. 2006)). 2022“Under the familiar standard prescribed in Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999), a trial court abuses its discretion when its decision is arbitrary, unreasonable, unfair, or unsupported by sound legal principles.” Id. at 203. 5 “A defendant is entitled to an instruction on any lawful defense which he has.” Hudson v. Commonwealth, 202 S.W.3d 17, 20 (Ky. 2006) (quoting Slaven v. Commonwealth, 962 S.W.2d 845, 856 (Ky. 1997)). | 6 | 6 |
Sanborn v. Commonwealthgreen2 sentences2024A defendant “is entitled to an instruction on any lawful defense that he has, including the defense that he is guilty of a lesser included offense of the crime charged.” Id. (citation omitted) (citing Slaven v. Commonwealth, 962 S.W.2d 845, 856 (Ky.1997); Sanborn v. Commonwealth, 754 S.W.2d 534, 550 (Ky.1988)). 2005He is entitled to an instruction on any lawful defense that he has, Slaven v. Commonwealth, 962 S.W.2d 845, 856 (Ky.1997); Sanborn v. Commonwealth, 754 S.W.2d 534, 550 (Ky. 1988), including the defense that he is guilty of a lesser included offense of the crime charged. | 4 | 4 |
Allen v. Commonwealthgreen2 sentences2022We have emphasized that a defendant “‘is entitled to an instruction on any lawful defense which he has,’ . . . including instructions on lesser included offenses.” Allen v. Commonwealth, 338 S.W.3d 252, 255 (Ky. 2011) (quoting Hudson v. Commonwealth, 202 S.W.3d 17, 20 (Ky. 2006)). 2020We have also emphasized that a defendant “is entitled to an instruction on any lawful defense which he has,’ including instructions on lesser included offenses.” Allen v. Commonwealth, 338 S.W.3d 252, 255 (Ky. 2011) (quoting Hudson v. Commonwealth, 202 S.W.3d 17, 20 (Ky. 2006)). | 3 | 3 |
Hudson v. Commonwealthgreen2 sentences2022However, “[a]n instruction on a lesser included offense is required only if, considering the totality of the evidence, the jury might have a reasonable doubt as to the defendant’s guilt of the greater offense, and yet believe beyond a reasonable doubt that he is guilty of the lesser offense.” Hudson v. Commonwealth, 385 S.W.3d 411, 416 (Ky. 2012) (quoting Houston v. Commonwealth, 975 S.W.2d 925, 929 (Ky. 1998)) (internal quotation marks omitted). 2020More recently, we clarified that “[a]n instruction on a lesser included offense is required only if, considering the totality of the evidence, the jury might have a reasonable doubt as to the defendant’s guilt of the greater offense, and yet believe beyond a reasonable doubt that he is guilty of the lesser offense.” Hudson v. Commonwealth, 385 S.W.3d 411, 416 (Ky. 2012) (quoting Houston v. Commonwealth, 975 S.W.2d 925, 929 (Ky. 1998)) (internal quotation marks omitted). | 3 | 3 |
Houston v. Commonwealthgreen2 sentences2022However, “[a]n instruction on a lesser included offense is required only if, considering the totality of the evidence, the jury might have a reasonable doubt as to the defendant’s guilt of the greater offense, and yet believe beyond a reasonable doubt that he is guilty of the lesser offense.” Hudson v. Commonwealth, 385 S.W.3d 411, 416 (Ky. 2012) (quoting Houston v. Commonwealth, 975 S.W.2d 925, 929 (Ky. 1998)) (internal quotation marks omitted). 2020More recently, we clarified that “[a]n instruction on a lesser included offense is required only if, considering the totality of the evidence, the jury might have a reasonable doubt as to the defendant’s guilt of the greater offense, and yet believe beyond a reasonable doubt that he is guilty of the lesser offense.” Hudson v. Commonwealth, 385 S.W.3d 411, 416 (Ky. 2012) (quoting Houston v. Commonwealth, 975 S.W.2d 925, 929 (Ky. 1998)) (internal quotation marks omitted). | 3 | 3 |
Thomas v. Commonwealthgreen2 sentences2024A defendant “is entitled to an instruction on any lawful defense that he has, including the defense that he is guilty of a lesser included offense of the crime charged.” Id. (citation omitted) (citing Slaven v. Commonwealth, 962 S.W.2d 845, 856 (Ky.1997); Sanborn v. Commonwealth, 754 S.W.2d 534, 550 (Ky.1988)). 2016Although a lesser included offense is not a defense within the technical meaning of those terms as used in the penal code, it is, in fact and principle, a defense against the higher charge." Slaven v. Commonwealth, 962 S.W.2d 845, 856 (Ky. 1997). "[A]n instruction on a lesser included offense is required if the evidence would permit the jury to rationally find the defendant not guilty of the primary offense, but guilty of the lesser offense." Thomas v. Commonwealth, 170 S.W.3d 343, 349 (Ky. 2005). | 2 | 3 |
Brown v. Commonwealthgreen2 sentences2006"Although a lesser included offense is not a defense within the technical meaning of those terms as used in the penal code, it is, in fact and principle, a defense against the higher charge." Id.; see also Brown v. Commonwealth, 555 S.W.2d 252, 256 (Ky.1977). 2006“Although a lesser included offense is not a defense within the technical meaning of those terms as used in the penal code, it is, in fact and principle, a defense against the higher charge.” Id.; see also Brown v. Commonwealth, 555 S.W.2d 252, 256 (Ky.1977). | 2 | 2 |
Commonwealth v. Wolfordgreen1 sentence2024“An instruction on a lesser included offense is required if the evidence would permit the jury to rationally find the defendant not guilty of the primary offense, but guilty of the lesser offense.” Id. (citing Commonwealth v. Wolford, 4 S.W.3d 534, 539 (Ky.1999); Smith v. Commonwealth, 737 S.W.2d 683, 687 (Ky.1987)). | 1 | 1 |
Smith v. Commonwealthgreen1 sentence2024“An instruction on a lesser included offense is required if the evidence would permit the jury to rationally find the defendant not guilty of the primary offense, but guilty of the lesser offense.” Id. (citing Commonwealth v. Wolford, 4 S.W.3d 534, 539 (Ky.1999); Smith v. Commonwealth, 737 S.W.2d 683, 687 (Ky.1987)). | 1 | 1 |
Commonwealth v. Englishgreen1 sentence2022“Under the familiar standard prescribed in Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999), a trial court abuses its discretion when its decision is arbitrary, unreasonable, unfair, or unsupported by sound legal principles.” Id. at 203. 5 “A defendant is entitled to an instruction on any lawful defense which he has.” Hudson v. Commonwealth, 202 S.W.3d 17, 20 (Ky. 2006) (quoting Slaven v. Commonwealth, 962 S.W.2d 845, 856 (Ky. 1997)). | 1 | 1 |
Gall v. Commonwealthgreen2 sentences2005“Although a lesser included offense is not a defense within the technical meaning of those terms as used in the penal code, it is, in fact and principle, a defense against the higher charge.” Slaven, 962 S.W.2d at 856 ; Gall v. Commonwealth, 607 S.W.2d 97, 108 (Ky.1980), overruled on other grounds by Payne v. Commonwealth, 623 S.W.2d 867, 870 (Ky.1981); Brown v. Commonwealth, 555 S.W.2d 252, 257 (Ky.1977). 2005"Although a lesser included offense is not a defense within the technical meaning of those terms as used in the penal code, it is, in fact and principle, a defense against the higher charge." Slaven, 962 S.W.2d at 856 ; Gall v. Commonwealth, 607 S.W.2d 97, 108 (Ky.1980), overruled on other grounds by Payne v. Commonwealth, 623 S.W.2d 867, 870 (Ky. 1981); Brown v. Commonwealth, 555 S.W.2d 252, 257 (Ky.1977). | 1 | 1 |
Payne v. Commonwealthgreen2 sentences2005“Although a lesser included offense is not a defense within the technical meaning of those terms as used in the penal code, it is, in fact and principle, a defense against the higher charge.” Slaven, 962 S.W.2d at 856 ; Gall v. Commonwealth, 607 S.W.2d 97, 108 (Ky.1980), overruled on other grounds by Payne v. Commonwealth, 623 S.W.2d 867, 870 (Ky.1981); Brown v. Commonwealth, 555 S.W.2d 252, 257 (Ky.1977). 2005"Although a lesser included offense is not a defense within the technical meaning of those terms as used in the penal code, it is, in fact and principle, a defense against the higher charge." Slaven, 962 S.W.2d at 856 ; Gall v. Commonwealth, 607 S.W.2d 97, 108 (Ky.1980), overruled on other grounds by Payne v. Commonwealth, 623 S.W.2d 867, 870 (Ky. 1981); Brown v. Commonwealth, 555 S.W.2d 252, 257 (Ky.1977). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sanborn v. Kentucky
green
2 sentences1999Sanborn v. Commonwealth, Ky., 754 S.W.2d 534, 550 (1988), cert. denied, 516 U.S. 854 , 116 S.Ct. 154 , 133 L.Ed.2d 98 (1995). 1999Sanborn v. Commonwealth, Ky., 754 S.W.2d 534, 550 (1988), cert, denied, 516 U.S. 854 , 116 S.Ct. 154 , 133 L.Ed.2d 98 (1995). | 1 | 1999–1999 |
Lucciola v. Pennsylvania
green
2 sentences1999Sanborn v. Commonwealth, Ky., 754 S.W.2d 534, 550 (1988), cert. denied, 516 U.S. 854 , 116 S.Ct. 154 , 133 L.Ed.2d 98 (1995). 1999Sanborn v. Commonwealth, Ky., 754 S.W.2d 534, 550 (1988), cert, denied, 516 U.S. 854 , 116 S.Ct. 154 , 133 L.Ed.2d 98 (1995). | 1 | 1999–1999 |
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.