witness defense in Kentucky

2011Regarding access to witnesses pri- or to trial, this Court stated in Radford v. Lovelace, “It is important for us to remember that ‘both sides have the right to interview witnesses before trial.’ ” 212 S.W.3d 72, 82 (Ky.2006), overruled on other grounds by Cardine v. Commonwealth, 283 S.W.3d 641 (Ky.2009) (quoting United States v. Black, 767 F.2d 1334, 1337 (9th Cir.1985)).

2002Such a statement may be offered for a nonhearsay use, to impeach the testimony of a coconspirator on the stand as a witness for the defense, on the grounds that the defendant waived the hearsay objection by using hearsay statements otherwise inadmissible under the coconspirator exception during the presentation of his case, under other hearsay exceptions, such as the exception for declarations against interest, or a statement of a declarant's then-existing mental, emotional, and physical condition" [footnotes omitted].); Rowe v. Farmers Insurance Co., Inc., Mo., 699 S.W.2d 423 (1985)(The insur

2002Such a statement may be offered for a nonhearsay use, to impeach the testimony of a coconspirator on the stand as a witness for the defense, on the grounds that the defendant waived the hearsay objection by using hearsay statements otherwise inadmissible under the coconspirator exception during the presentation of his case, under other hearsay exceptions, such as the exception for declarations against interest, or a statement of a declarant's then-existing mental, emotional, and physical condition” [footnotes omitted].); Rowe v. Farmers Insurance Co., Inc., Mo., 699 S.W.2d 423 (1985)(The insur

1993We also reversed in Ballard v. Commonwealth, Ky., 743 S.W.2d 21 (1988), because the trial court failed to conduct a hearing prior to holding that a witness in violation of a separation order could not testify.

1993We also reversed in Ballard v. Commonwealth, Ky., 743 S.W.2d 21 (1988), because the trial court failed to conduct a hearing prior to holding that a witness in violation of a separation order could not testify.

1988In Wright v. Commonwealth, Ky., 637 S.W.2d 635 (1982), we held that a "common-sense-construction of the rule [RCr 7.26] . . . is that if the Commonwealth intends to use a witness and the defense seeks access to his recorded statements it is within the trial court's sound discretion whether to allow it prior to trial." Id., at 636 .

1988In Wright v. Commonwealth, Ky., 637 S.W.2d 635 (1982), we held that a "common-sense-construction of the rule [RCr 7.26] . . . is that if the Commonwealth intends to use a witness and the defense seeks access to his recorded statements it is within the trial court's sound discretion whether to allow it prior to trial." Id., at 636 .

1986In Commonwealth v. Brown, Ky., 619 S.W.2d 699 (1981), the Court cited Higgs , when it affirmed the dismissal of a murder indictment.

1963This court has said that the opinion of a witness that property is worth a stated amount is “worthless” unless the witness gives “facts as a reasonable basis to support his opinion.” Commonwealth, Department of Highways v. Rankin, Ky., 346 S.W.2d 714 .

1959The common law principle of privilege of a citizen to refuse to answer any question that will criminate himself (Kindt v. Murphy, Judge, 312 Ky. 395 , 227 S.W.2d 895 ; Rapalje, § 73) finds expression and ratification in our guaranties of personal liberty and security in our Bills of Rights.

1959The common law principle of privilege of a citizen to refuse to answer any question that will criminate himself (Kindt v. Murphy, Judge, 312 Ky. 395 , 227 S.W.2d 895 ; Rapalje, § 73) finds expression and ratification in our guaranties of personal liberty and security in our Bills of Rights.

1918In Moore v. Commonwealth, 92 Ky. 630 , it was held that a deputy clerk of a county who drew and signed a false certificate to a witness claim was properly convicted under section 1188.

1911As said in City of Covington v. Guyler, 93 Ky., 275 , which was an action against the city brought by Guyler and wife for an injury to real estate owned by them jointly:. .