14 Kentucky opinions name it 2 courts 1951–2025 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Benhamgreen1 sentence2025“On appellate review, the test of a directed verdict is, if under the evidence as a whole, it would be clearly unreasonable for a jury to find guilt, only then the defendant is entitled to a directed verdict of acquittal.” Commonwealth v. Benham, 816 S.W.2d 186, 187 (Ky. 1991). | 1 | 1 |
Commonwealth v. Gossgreen1 sentence2023See Commonwealth v. Goss, 428 S.W.3d 619, 629 (Ky. 2014). -8- CONCLUSION The trial court properly denied Smith’s motion for a directed verdict and allowed the jury to determine the facts it found which supported a finding of guilt. | 1 | 1 |
Meyers v. Chapman Printing Co., Inc.green1 sentence2023Therefore, we do not believe the circuit court erred in finding Smith’s claim of hostile work environment insufficient; Smith did not present evidence of conduct sufficiently severe and pervasive to establish a prima facie claim of hostile work environment. 5 The holding in Meyers discussed judicial discretion as permitted in granting a directed verdict, but we find the analysis helpful here. “[W]e hold that a question of this nature [interpretive function in factfinding as to whether harassment is severe or pervasive] remains essentially a question of fact for the jury; a directed verdict is | 1 | 1 |
Scifres v. Kraftgreen1 sentence2022The trial court issued its opinion on June 23, 2021, granting Smith’s motion for summary judgment, and this appeal followed. -3- STANDARD OF REVIEW The standard of review upon appeal of an order granting summary judgment is “whether the trial court correctly found that there were no genuine issues as to any material fact and that the moving party was entitled to judgment as a matter of law.” Scifres v. Kraft, 916 S.W.2d 779, 781 (Ky. App. 1996) (citing CR1 56.03). | 1 | 1 |
Hallis v. Hallisgreen1 sentence2021See Hallis v. Hallis, 328 S.W.3d 694, 696 (Ky. App. 2010) (“It is a dangerous precedent to permit appellate advocates to ignore procedural rules.”). | 1 | 1 |
Rhode Island v. Innisgreen2 sentences2017See Rhode Island v. Innis, 446 U.S. 291 , 298 n.2, 100 S.Ct. 1682 , 64 L.Ed.2d 297 (1980). 2017See Rhode Island v. Innis, 446 U.S. 291 , 298 n.2, 100 S.Ct. 1682 , 64 L.Ed.2d 297 (1980). | 1 | 1 |
Martin v. Commonwealthgreen1 sentence2016As noted in Puckett, 821 S.W.2d at 795 , supra, a peace officer’s ultimate decision regarding “whether a criminal violation has occurred and whether an arrest is warranted ... is not clear-cut and requires the exercise of. considerable discretion.”- We also add, although the issues are not raised in Smith’s brief, that “peace’ officers can make a forcible, brief investigatory stop even where probable cause for arrest is lacking if they can demonstrate articulable suspicion of criminal activity.” Martin v. Commomvealth, 592 S.W.2d 134, 138-139 (Ky.1979). | 1 | 1 |
Ragland v. Commonwealthgreen1 sentence2009See Ragland v. Commonwealth, 191 S.W.3d 569, 584 (Ky.2006), when “the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant.” (internal citations omitted). | 1 | 1 |
Guth v. Commonwealthgreen1 sentence2009Turning now to Smith’s claim that Detective Lewis intentionally omitted critical information in his affidavit that would have resulted in the search warrant being denied, we find Guth v. Commonwealth, 29 S.W.3d 809, 810 (Ky.App.2000), to be controlling. | 1 | 1 |
Baker v. Commonwealthgreen1 sentence2001See Baker v. Commonwealth, Ky., 973 S.W.2d 54, 55 (1998). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pram Nguyen v. City of Cleveland
green
1 sentence2023Retaliation Lastly, the circuit court found that Smith’s retaliation claim failed because she could not “establish a causal connection between her protected activity and any retaliatory conduct by MSD.” On appeal Smith argues that circumstantial evidence is sufficient to establish a causal connection, citing to Nguyen, 229 F.3d at 566 , but even accepting that low bar, she does not establish the required causal connection. | 1 | 2023–2023 |
Puckett v. Miller
green
1 sentence2016As noted in Puckett, 821 S.W.2d at 795 , supra, a peace officer’s ultimate decision regarding “whether a criminal violation has occurred and whether an arrest is warranted ... is not clear-cut and requires the exercise of. considerable discretion.”- We also add, although the issues are not raised in Smith’s brief, that “peace’ officers can make a forcible, brief investigatory stop even where probable cause for arrest is lacking if they can demonstrate articulable suspicion of criminal activity.” Martin v. Commomvealth, 592 S.W.2d 134, 138-139 (Ky.1979). | 1 | 2016–2016 |
Smith v. Commonwealth
green
1 sentence2011Id. | 1 | 2011–2011 |
Smith v. Massachusetts
green
2 sentences2009Out of the presence of the jury and after considering the prosecution’s argument, the trial court granted Smith’s motion, explaining that the prosecution had not presented a “scintilla of evidence” that Smith “possessed a weapon with a barrel length of less than 16 inches.” Id. 2009The “trial court then marked [Smith’s] motion with *745 the handwritten endorsement ‘Filed and after hearing, Allowed,’ and the allowance of the motion was entered on the docket.” Id. | 1 | 2009–2009 |
Tackett v. Lagrange Penitentiary
green
1 sentence1988The Workers’ Compensation Board denied Smith’s claim for workers’ compensation in reliance upon Tackett v. La Grange Penitentiary, Ky., 524 S.W.2d 468 (1975), wherein we held that a state prisoner working inside the prison was not an employee of the Commonwealth and the Commonwealth was not liable for workers’ compensation for injuries sustained by him at work. | 1 | 1988–1988 |
Ford v. Commonwealth
green
2 sentences1987Smith's challenge of the composition of the grand jury due to an alleged underrepresentation of women and young people is nearly identical to the argument offered in Ford v. Commonwealth, Ky. 665 S.W.2d 304 (1984); cert. den. 469 U.S. 984 , 105 S.Ct. 392 , 83 L.Ed.2d 325 . 1987Smith’s challenge of the composition of the grand jury due to an alleged underrep-resentation of women and young people is nearly identical to the argument offered in Ford v. Commonwealth, Ky. 665 S.W.2d 304 (1984); cert. den. 469 U.S. 984 , 105 S.Ct. 392 , 83 L.Ed.2d 325 . | 1 | 1987–1987 |
Ford v. Kentucky
green
2 sentences1987Smith's challenge of the composition of the grand jury due to an alleged underrepresentation of women and young people is nearly identical to the argument offered in Ford v. Commonwealth, Ky. 665 S.W.2d 304 (1984); cert. den. 469 U.S. 984 , 105 S.Ct. 392 , 83 L.Ed.2d 325 . 1987Smith's challenge of the composition of the grand jury due to an alleged underrepresentation of women and young people is nearly identical to the argument offered in Ford v. Commonwealth, Ky. 665 S.W.2d 304 (1984); cert. den. 469 U.S. 984 , 105 S.Ct. 392 , 83 L.Ed.2d 325 . | 1 | 1987–1987 |
Harriatt v. United States
green
2 sentences1987Smith's challenge of the composition of the grand jury due to an alleged underrepresentation of women and young people is nearly identical to the argument offered in Ford v. Commonwealth, Ky. 665 S.W.2d 304 (1984); cert. den. 469 U.S. 984 , 105 S.Ct. 392 , 83 L.Ed.2d 325 . 1987Smith’s challenge of the composition of the grand jury due to an alleged underrep-resentation of women and young people is nearly identical to the argument offered in Ford v. Commonwealth, Ky. 665 S.W.2d 304 (1984); cert. den. 469 U.S. 984 , 105 S.Ct. 392 , 83 L.Ed.2d 325 . | 1 | 1987–1987 |
Louisville Taxicab & Transfer Co. v. Ramey
neutral
2 sentences1951The instruction was patterned after that prepared by this court in Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 , published as Sec. 123, Stanley’s Instructions to Juries. 1951The instruction was patterned after that prepared by this court in Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 , published as Sec. 123, Stanley’s Instructions to Juries. | 1 | 1951–1951 |
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.