operative standard in Kentucky

2023It is not the prerogative of a court to contextualize the testimony of witnesses because “the ‘reasonable juror’ is the operative standard, in the appellate court as well as in the trial court.” Allen, 338 S.W.3d at 255 n.1.

2023It is not the prerogative of a court to contextualize the testimony of witnesses because “the ‘reasonable juror’ is the operative standard, in the appellate court as well as in the trial court.” Allen, 338 S.W.3d at 255 n.1.

2023See Peay, 406 S.W.3d at 835 .

2022See Ventas, Inc., 635 F. Supp. 2d at 622 . “[M]ere wishful thinking that a business relationship will come about” is insufficient for purposes of this element.

2021We found that under KRS 501.080(2) a defendant’s involuntary intoxication will negate his culpable conduct only if it rendered the defendant unable to appreciate the criminality of his conduct or conform to the requirements of law.20 This Court found that a defendant’s intoxication due to his addiction cannot be treated differently than other voluntary acts, because the legislature has not provided for such an exception.21 We maintain today that until the legislature so provides, the evidence; the appropriate standard for appellate review is whether the trial court abused its discretion."). 17

2021We found that under KRS 501.080(2) a defendant’s involuntary intoxication will negate his culpable conduct only if it rendered the defendant unable to appreciate the criminality of his conduct or conform to the requirements of law.20 This Court found that a defendant’s intoxication due to his addiction cannot be treated differently than other voluntary acts, because the legislature has not provided for such an exception.21 We maintain today that until the legislature so provides, the evidence; the appropriate standard for appellate review is whether the trial court abused its discretion."). 17

2021We found that under KRS 501.080(2) a defendant’s involuntary intoxication will negate his culpable conduct only if it rendered the defendant unable to appreciate the criminality of his conduct or conform to the requirements of law.20 This Court found that a defendant’s intoxication due to his addiction cannot be treated differently than other voluntary acts, because the legislature has not provided for such an exception.21 We maintain today that until the legislature so provides, the evidence; the appropriate standard for appellate review is whether the trial court abused its discretion."). 17

2021Regardless of the characterization, however, the ‘reasonable juror’ is the operative standard, in the appellate court as well as in the trial court.”). 16Sargent v. Shaffer, 467 S.W.3d 198, 203 (Ky. 2015) (" When the question is whether a trial court erred by: (1) giving an instruction that was not supported by the evidence; or (2) not giving an instruction that was required by 9 We explained in Holland v. Commonwealth17 that official commentary to KRS 501.080 provides that an involuntary-intoxication defense may apply when: intoxication resulting from substances taken into the body under dure

2021See Johnson, 105 S.W.3d at 441 .

2010The operative test bears particular attention: The real test of whether a DOC Directive (or other policy statement) is exempt from the APA requirements because it concerns only the internal management of the agency and does not affect public rights is whether, given the nature and impact of the Directive, the Legislature intended that the agency be free to adopt, change, or abrogate the Directive at will, without any public input or legislative review. 914 A.2d at 79 .

2010The operative test bears particular attention: The real test of whether a DOC Directive (or other policy statement) is exempt from the APA requirements because it concerns only the internal management of the agency and does not affect public rights is whether, given the nature and impact of the Directive, the Legislature intended that the agency be free to adopt, change, or abrogate the Directive at will, without any public input or legislative review. 914 A.2d at 79 .