13 Kentucky opinions name it 3 courts 1964–2024 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.
| Case | Followed | Cited |
|---|---|---|
Lovett v. Commonwealthgreen2 sentences2022The court also believed the Commonwealth’s heightened burden “has not been proven to be all that onerous as out-of-court testimony has been admitted even without an effort to subpoena the witness or submit proof of true unavailability based on bare assurances from the Commonwealth that a witness is unavailable.” This statement was supported by citations to Lovett v. Commonwealth, 103 S.W.3d 72, 83-4 (Ky. 2003), and St. 2021The court also believed the Commonwealth’s heightened burden “has not been proven to be all that onerous as out-of-court testimony has been admitted even without an effort to subpoena the witness or submit proof of true unavailability based on bare assurances from the Commonwealth that a witness is unavailable.” This statement was supported by citations to Lovett v. Commonwealth, 103 S.W.3d 72, 83-4 (Ky. 2003), and St. | 2 | 2 |
Million v. Raymergreen2 sentences2008See Million v. Raymer, 139 S.W.3d 914, 920 (Ky.2004). 2006See Million v. Raymer, 139 S.W.3d 914, 920 (Ky.2004) ("This Court has many times held that when a prisoner elects to proceed pro se, he is not subject to the same standard of pleading as is legal counsel; and that rules are to be construed liberally in his favor." (internal quotation marks and citation omitted)); Miller v. Commonwealth, 458 S.W.2d 453, 454 (Ky.1970) ("Where the prisoner is proceeding pro se, as here, we do not impose on him the same standards as those applied to legal counsel." (internal punctuation and citation omitted)); Moore v. Commonwealth, 394 S.W.2d 931, 932-33 (Ky. 196 | 2 | 2 |
Blades v. Commonwealthgreen2 sentences2007Blades v. Commonwealth, 957 S.W.2d 246, 250 (Ky.1997), held that the independent proof does not have to establish the corpus delicti beyond a reasonable doubt, but by a lesser standard, which Professor Lawson compares to a “preponderance of the evidence.” Lawson, supra, § 11.25[2]. 2007Blades v. Commonwealth, 957 S.W.2d 246, 250 (Ky.1997), held that the independent proof does not have to establish the corpus delicti beyond a reasonable doubt, but by a lesser standard, which Professor Lawson compares to a "preponderance of the evidence." Lawson, supra, § 11.25[2]. | 2 | 2 |
Maurice Whiting v. Sherry Burt, Wardengreen1 sentence2012If Appellant’s counsel "had an actual conflict of interest, at least in cases involving multiple representation, a lesser standard has been applied.” Whiting v. Burt, 395 F.3d 602, 617 (6th Cir.2005). | 1 | 1 |
Miller v. Commonwealthgreen2 sentences2006See Million v. Raymer, 139 S.W.3d 914, 920 (Ky.2004) (“This Court has many times held that when a prisoner elects to proceed pro se, he is not subject to the same standard of pleading as is legal counsel; and that rules are to be construed liberally in his favor.” (internal quotation marks and citation omitted)); Miller v. Commonwealth, 458 S.W.2d 453, 454 (Ky.1970) (“Where the prisoner is proceeding pro se, as here, we do not impose on him the same standards as those applied to legal counsel.” (internal punctuation and citation omitted)); Moore v. Commonwealth, 394 S.W.2d 931, 932-33 (Ky.1965 2006See Million v. Raymer, 139 S.W.3d 914, 920 (Ky.2004) ("This Court has many times held that when a prisoner elects to proceed pro se, he is not subject to the same standard of pleading as is legal counsel; and that rules are to be construed liberally in his favor." (internal quotation marks and citation omitted)); Miller v. Commonwealth, 458 S.W.2d 453, 454 (Ky.1970) ("Where the prisoner is proceeding pro se, as here, we do not impose on him the same standards as those applied to legal counsel." (internal punctuation and citation omitted)); Moore v. Commonwealth, 394 S.W.2d 931, 932-33 (Ky. 196 | 1 | 1 |
Moore v. Commonwealthgreen2 sentences2006See Million v. Raymer, 139 S.W.3d 914, 920 (Ky.2004) (“This Court has many times held that when a prisoner elects to proceed pro se, he is not subject to the same standard of pleading as is legal counsel; and that rules are to be construed liberally in his favor.” (internal quotation marks and citation omitted)); Miller v. Commonwealth, 458 S.W.2d 453, 454 (Ky.1970) (“Where the prisoner is proceeding pro se, as here, we do not impose on him the same standards as those applied to legal counsel.” (internal punctuation and citation omitted)); Moore v. Commonwealth, 394 S.W.2d 931, 932-33 (Ky.1965 2006See Million v. Raymer, 139 S.W.3d 914, 920 (Ky.2004) ("This Court has many times held that when a prisoner elects to proceed pro se, he is not subject to the same standard of pleading as is legal counsel; and that rules are to be construed liberally in his favor." (internal quotation marks and citation omitted)); Miller v. Commonwealth, 458 S.W.2d 453, 454 (Ky.1970) ("Where the prisoner is proceeding pro se, as here, we do not impose on him the same standards as those applied to legal counsel." (internal punctuation and citation omitted)); Moore v. Commonwealth, 394 S.W.2d 931, 932-33 (Ky. 196 | 1 | 1 |
Jones v. Kentucky Utilities Co.green2 sentences1964The jury has the right to judge the child's conduct by a lesser standard of care, i.e., "that which is usually exercised by persons of the same age, experience and intelligence under like or similar circumstances." Jones v. Kentucky Utilities Company, Ky., 334 S.W.2d 263, 265 (1960); [2] Blue Diamond Coal Company *849 v. Bush, Ky., 342 S.W.2d 694 (1961). 1964The jury has the right to judge the child’s conduct by a lesser standard of care, i. e., “that which is usually exercised by persons of the same age, experience and intelligence under like or similar circumstances.” Jones v. Kentucky Utilities Company, Ky., 334 S.W.2d 263, 265 (1960); 2 Blue Diamond Coal Company v. Bush, Ky., 342 S.W.2d 694 (1961). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Terry v. Ohio
green
2 sentences2024A police officer may approach a person, identify himself as a police officer 1 Terry v. Ohio, 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. 2024A police officer may approach a person, identify himself as a police officer 1 Terry v. Ohio, 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. | 1 | 2024–2024 |
Prado Navarette v. California
green
2 sentences2023The reasonable suspicion analysis is a lesser standard than probable cause and requires only “‘a particularized and objective basis for suspecting the particular person stopped’ of breaking the law.” Heien, 574 U.S. at 60, 135 S. Ct. at 536 (quoting Navarette v. California, 572 U.S. 393, 396 , 134 S. Ct. 1683, 1687-88 , 188 L. 2023The reasonable suspicion analysis is a lesser standard than probable cause and requires only “‘a particularized and objective basis for suspecting the particular person stopped’ of breaking the law.” Heien, 574 U.S. at 60, 135 S. Ct. at 536 (quoting Navarette v. California, 572 U.S. 393, 396 , 134 S. Ct. 1683, 1687-88 , 188 L. | 1 | 2023–2023 |
Heien v. North Carolina
green
1 sentence2023The reasonable suspicion analysis is a lesser standard than probable cause and requires only “‘a particularized and objective basis for suspecting the particular person stopped’ of breaking the law.” Heien, 574 U.S. at 60, 135 S. Ct. at 536 (quoting Navarette v. California, 572 U.S. 393, 396 , 134 S. Ct. 1683, 1687-88 , 188 L. | 1 | 2023–2023 |
Magoffin County Board of Elections v. John Montgomery
green
1 sentence2022Tolerating a lesser standard allows mere speculation and suspicion of political wrongdoing to become a -17- presumption of electoral corruption.” Hardin, 495 S.W.3d at 705 . | 1 | 2022–2022 |
Nix v. Whiteside
green
2 sentences2007No system of justice worthy of the name can tolerate a lesser standard.” Id. at 174 , 475 U.S. 157 , 106 S.Ct. 988 , 89 L.Ed.2d 123 . 2007No system of justice worthy of the name can tolerate a lesser standard.” Id. at 174 , 475 U.S. 157 , 106 S.Ct. 988 , 89 L.Ed.2d 123 . | 1 | 2007–2007 |
Reed v. Commonwealth
green
2 sentences1991There must be some evidence or as stated in Reed, supra , the requested instruction must be supported ". . . to any extent by the testimony. . . ." Evidence supporting such an instruction does not necessarily need to come from the defendant himself, but may come from the prosecution, as was the case in Reed, supra , where we held that the testimony of a social services supervisor who testified for the Commonwealth presented sufficient evidence to entitle the defendant to the lesser instruction of sexual abuse in the second degree in a rape case. 1991There must be some evidence or as stated in Reed, supra , the requested instruction must be supported ". . . to any extent by the testimony. . . ." Evidence supporting such an instruction does not necessarily need to come from the defendant himself, but may come from the prosecution, as was the case in Reed, supra , where we held that the testimony of a social services supervisor who testified for the Commonwealth presented sufficient evidence to entitle the defendant to the lesser instruction of sexual abuse in the second degree in a rape case. | 1 | 1991–1991 |
Blue Diamond Coal Co. v. Bush ex rel. Bush
neutral
2 sentences1964The jury has the right to judge the child's conduct by a lesser standard of care, i.e., "that which is usually exercised by persons of the same age, experience and intelligence under like or similar circumstances." Jones v. Kentucky Utilities Company, Ky., 334 S.W.2d 263, 265 (1960); [2] Blue Diamond Coal Company *849 v. Bush, Ky., 342 S.W.2d 694 (1961). 1964The jury has the right to judge the child’s conduct by a lesser standard of care, i. e., “that which is usually exercised by persons of the same age, experience and intelligence under like or similar circumstances.” Jones v. Kentucky Utilities Company, Ky., 334 S.W.2d 263, 265 (1960); 2 Blue Diamond Coal Company v. Bush, Ky., 342 S.W.2d 694 (1961). | 1 | 1964–1964 |
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.