12 Kentucky opinions name it 2 courts 1978–2019 0 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 |
|---|---|---|
Johnson v. Commonwealthgreen2 sentences2016Johnson v. Commonwealth, 292 S.W.3d 889, 894 (Ky. 2009) (citation omitted) (“[T]he burden is upon the Appellant to establish a prima fade violation of the fair cross-section requirement.”). 2011E.g., Johnson v. Commonwealth, 292 S.W.3d at 894, 895 (holding the defendant failed to provide sufficient proof to establish a violation of the fair cross-section requirement where the defendant’s evidence consisted solely of a citation to the World Almanac that African Americans comprised 13% of the area’s population). | 2 | 4 |
Mash v. Commonwealthgreen2 sentences2017This Court has repeatedly held that “mere citation to census data, without any other information, is not enough to show underrepresentation or systematic 12 exclusion-if Mash v. Commonwealth 376 S.W.3d 548, 552 (Ky. 2012) (cit`ing l Miller, 394 S.W.3d at 410 ) '(holding that defendant had not established that 'African Americarrs were unreasonably underrepresented when his only evidence on the issue was a reference to the 2010 U._S. Census]; Johnson, 292 ' S.W.3d at 894-95 (holding that defendant failed to provide sufficient proof to_ establish a violation of the fair cross-section requirement 2017Commonwealth, 376 S.W.3d 548, 552 (Ky. 2012) (citing Miller, 394 S.W.3d at 410 ) (holding that defendant had not established that African Americans were unreasonably underrepresented when his only evidence on the issue was a reference to the 2010 U.S. Census); Johnson, 292 4 S.W.3d at 894-95 (holding that defendant failed to provide sufficient proof to establish a violation of the fair cross-section requirement where the defendant's evidence consisted solely of a citation to the World Almanac that African Americans_comprised 13% of the area's population). | 2 | 2 |
Miller v. Commonwealthgreen2 sentences2017This Court has repeatedly held that “mere citation to census data, without any other information, is not enough to show underrepresentation or systematic 12 exclusion-if Mash v. Commonwealth 376 S.W.3d 548, 552 (Ky. 2012) (cit`ing l Miller, 394 S.W.3d at 410 ) '(holding that defendant had not established that 'African Americarrs were unreasonably underrepresented when his only evidence on the issue was a reference to the 2010 U._S. Census]; Johnson, 292 ' S.W.3d at 894-95 (holding that defendant failed to provide sufficient proof to_ establish a violation of the fair cross-section requirement 2017Commonwealth, 376 S.W.3d 548, 552 (Ky. 2012) (citing Miller, 394 S.W.3d at 410 ) (holding that defendant had not established that African Americans were unreasonably underrepresented when his only evidence on the issue was a reference to the 2010 U.S. Census); Johnson, 292 4 S.W.3d at 894-95 (holding that defendant failed to provide sufficient proof to establish a violation of the fair cross-section requirement where the defendant's evidence consisted solely of a citation to the World Almanac that African Americans_comprised 13% of the area's population). | 1 | 3 |
Commonwealth v. Dossgreen1 sentence2017Moreover, “a trial judge does not have the discretion to dismiss a randomly selected jury panel which, despite it[s] unrepresentative appearance, Was not shown to have been drawn from a jury pool that failed to reflect a fair cross section of the community[.]” Commonwealth v. Doss, 510 S.W.3d 830, 837 (Ky. 2016). | 1 | 1 |
In Re Jimenezgreen1 sentence2017Commonwealth, 376 S.W.3d 548, 552 (Ky. 2012) (citing Miller, 394 S.W.3d at 410 ) (holding that defendant had not established that African Americans were unreasonably underrepresented when his only evidence on the issue was a reference to the 2010 U.S. Census); Johnson, 292 4 S.W.3d at 894-95 (holding that defendant failed to provide sufficient proof to establish a violation of the fair cross-section requirement where the defendant's evidence consisted solely of a citation to the World Almanac that African Americans_comprised 13% of the area's population). | 1 | 1 |
Chestnut v. Commonwealthgreen1 sentence2009“It is incumbent upon Appellant to present the Court with a complete record for review.” Chestnut v. Commonwealth, 250 S.W.3d 288, 303 (Ky.2008); see Steel Technologies, Inc. v. Congleton, 234 S.W.3d 920, 926 (Ky.2007); Davis v. Commonwealth, 795 S.W.2d 942, 948-949 (Ky.1990). | 1 | 1 |
Davis v. Commonwealthgreen1 sentence2009“It is incumbent upon Appellant to present the Court with a complete record for review.” Chestnut v. Commonwealth, 250 S.W.3d 288, 303 (Ky.2008); see Steel Technologies, Inc. v. Congleton, 234 S.W.3d 920, 926 (Ky.2007); Davis v. Commonwealth, 795 S.W.2d 942, 948-949 (Ky.1990). | 1 | 1 |
Steel Technologies, Inc. v. Congletonred1 sentence2009“It is incumbent upon Appellant to present the Court with a complete record for review.” Chestnut v. Commonwealth, 250 S.W.3d 288, 303 (Ky.2008); see Steel Technologies, Inc. v. Congleton, 234 S.W.3d 920, 926 (Ky.2007); Davis v. Commonwealth, 795 S.W.2d 942, 948-949 (Ky.1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Duren v. Missouri
green
2 sentences1987The U.S. Supreme Court in Duren v. Missouri, 439 U.S. 357 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979), and this Court in Ford have held that in order to establish a prima facie violation of the fair cross-section requirement, the defendant must show 1) that the group alleged to be excluded is a distinctive group in the community; 2) that the representation of this group in venires from which the juries are selected is not fair and reasonable in relation to the numbers of other persons in the community; and 3) that the underrepresentation is due to the systematic exclusion of the group in the jury s 1987The U.S. Supreme Court in Duren v. Missouri, 439 U.S. 357 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979), and this Court in Ford have held that in order to establish a prima facie violation of the fair cross-section requirement, the defendant must show 1) that the group alleged to be excluded is a distinctive group in the community; 2) that the representation of this group in venires from which the juries are selected is not fair and reasonable in relation to the numbers of other persons in the community; and 3) that the underrepresentation is due to the systematic exclusion of the group in the jury s | 7 | 1983–2019 |
Rodgers v. Commonwealth
green
2 sentences2016While African Americans do constitute a distinctive- group for the purpose of jury ■ selection, Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009), Miller failed to provide any data concerning past Adair County jury panels to establish African Americans are unfairly and unreasonably underrepresented. 2011While African Americans do constitute a distinctive group for the purpose of jury selection, Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky.2009), Miller failed to provide any data concerning past Adair County jury panels to establish African Americans are unfairly and unreasonably underrepresented. | 2 | 2011–2016 |
Batson v. Kentucky
green
2 sentences2009Appellant also argues that his Fourteenth Amendment rights to due process and equal protection of the law were violated through purposeful discrimination in the jury selection process pursuant to Batson v. Kentucky, 476 U.S. 79, 93 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). 2009Appellant also argues that his Fourteenth Amendment rights to due process and equal protection of the law were violated through purposeful discrimination in the jury selection process pursuant to Batson v. Kentucky, 476 U.S. 79, 93 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). | 1 | 2009–2009 |
Taylor v. Louisiana
green
2 sentences2009Appellant argues that his conviction should be reversed because the trial court deviated from the jury selection process set forth by KRS 29A.060 3 and RCr 9.30, 4 resulting in a venire that did not satisfy the fair cross-section requirement as ex pressed in Taylor v. Louisiana, 419 U.S. 522 , 95 S.Ct. 692 , 42 L.Ed.2d 690 (1975), thereby violating his Sixth Amendment right to a jury trial. 2009Appellant argues that his conviction should be reversed because the trial court deviated from the jury selection process set forth by KRS 29A.060 3 and RCr 9.30, 4 resulting in a venire that did not satisfy the fair cross-section requirement as ex pressed in Taylor v. Louisiana, 419 U.S. 522 , 95 S.Ct. 692 , 42 L.Ed.2d 690 (1975), thereby violating his Sixth Amendment right to a jury trial. | 1 | 2009–2009 |
Lockhart v. McCree
green
2 sentences1990As stated by the United States Supreme Court in Lockhart v. McCree, 476 U.S. 162 , 106 S.Ct. 1758 , 90 L.Ed.2d 137 (1986): We have never invoked the fair-cross-section principle to invalidate the use of either for-eause or peremptory challenges to prospective jurors, or to require petit juries, as opposed to jury panels or venires, to reflect the composition of the community at large. 1990As stated by the United States Supreme Court in Lockhart v. McCree, 476 U.S. 162 , 106 S.Ct. 1758 , 90 L.Ed.2d 137 (1986): We have never invoked the fair-cross-section principle to invalidate the use of either for-eause or peremptory challenges to prospective jurors, or to require petit juries, as opposed to jury panels or venires, to reflect the composition of the community at large. | 1 | 1990–1990 |
McQueen v. Commonwealth
green
2 sentences1987Ford and McQueen v. Commonwealth, Ky., 669 S.W.2d 519 (1984) considered in depth the claim that young adults comprise a cognizable and identifiable group. 1987Ford and McQueen v. Commonwealth, Ky., 669 S.W.2d 519 (1984) considered in depth the claim that young adults comprise a cognizable and identifiable group. | 1 | 1987–1987 |
Rawlins v. Georgia
green
2 sentences1978The Court of Appeals bottomed its opinion on Rawlins v. Georgia, 201 U.S. 638 , 26 S.Ct. 560 , 50 L.Ed. 899 (1906), and cited an excerpt from Taylor, supra , which stated: "The states are free to grant exemptions from jury service to individuals in case of special hardship or incapacity and to those engaged in particular occupations, the uninterrupted performance of which is critical to the community's welfare." This court notes that Rawlins, supra , was decided some 60 years prior to the adoption of the fair cross-section requirement. 1978The Court of Appeals bottomed its opinion on Rawlins v. Georgia, 201 U.S. 638 , 26 S.Ct. 560 , 50 L.Ed. 899 (1906), and cited an excerpt from Taylor, supra , which stated: "The states are free to grant exemptions from jury service to individuals in case of special hardship or incapacity and to those engaged in particular occupations, the uninterrupted performance of which is critical to the community's welfare." This court notes that Rawlins, supra , was decided some 60 years prior to the adoption of the fair cross-section requirement. | 1 | 1978–1978 |
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.
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.