holding hearing (Kentucky) · Go Syfert
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holding hearing in Kentucky

12 Kentucky opinions name it 3 courts 1917–2017 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.

Followed or applied (3)

CaseFollowedCited
Meece v. Commonwealthgreen
ky · 2011 · cited in 2 Kentucky opinions naming this issue, 2012–2017
2 sentences

2017See Meece v. Commonwealth, 348 S.W.3d 627, 692-93 (Ky. 2011) (upholding trial court’s decision to take notice that a criminal charge-had been dismissed, but not to take notice of the purported reason for the dismissal).

2012See Meece v. Commonwealth, 348 S.W.3d 627, 692-93 (Ky.2011) (upholding trial court’s decision to take notice that a criminal charge had been dismissed, but *452 not to take notice of the purported reason for the dismissal).

22
Chambers v. Floridagreen
scotus · 1940 · cited in 1 Kentucky opinions naming this issue, 1986–1986
2 sentences

1986See Chambers v. Florida, 309 U.S. 227, 236, 237 , 60 S.Ct. 472, 477 , 84 L.Ed. 716 (1939).

1986See Chambers v. Florida, 309 U.S. 227, 236, 237 , 60 S.Ct. 472, 477 , 84 L.Ed. 716 (1939).

11
Ray v. Commonwealthgreen
ky · 1977 · cited in 1 Kentucky opinions naming this issue, 1978–1978
1 sentence

1978This court stated in Ray v. Commonwealth, Ky., 550 S.W.2d 482,483 (1977): “Although we are of the opinion that the holding of such a hearing prior to the introduction of this testimony would have been the preferred course to follow, we are not persuaded the failure to have done so requires reversal of appellant’s conviction.” We are persuaded that the identification evidence fails to raise any impermissible suggestiveness and the appellant was in no way prejudiced.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
City of Cleburne v. Cleburne Living Center, Inc. green
scotus · 1985
2 sentences

2011Id. at 455-456 , 105 S.Ct. 3249 (emphasis added). .

2011Id. at 455-456 , 105 S.Ct. 3249 (emphasis added). .

12011–2011
Bruton v. United States green
scotus · 1968
2 sentences

1999I first object to the holding that the violation of Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), is harmless error.

1999I first object to the holding that the violation of Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), is harmless error.

11999–1999
In Re Oliver green
scotus · 1948
1 sentence

1986That court further stated at page 278, 68 S.Ct. at 510 as to the holding of a hearing in private, “it is ‘the law of the land’ that no man’s life, liberty or property be forfeited as a punishment until there has been a charge fairly made and fairly tried in a public tribunal.

11986–1986
Buck v. McLean green
fladistctapp · 1959
2 sentences

1967In a later case, Buck v. McLean, Fla.App., 115 So.2d 764 , the Hargrove case was distinguished, and it was held that “county boards of public instruction are agencies of the State and as such are clothed with the same degree of immunity from suit as is the State.” In a still later case, Kaulakis v. Boyd, Fla., 138 So.2d 505 , it was held that counties “partake of the sovereign immunity from liability.” Thus, sovereign immunity has been held to extend to counties and county boards of education in Florida despite the holding that immunity did not extend to a municipality.

1967In a later case, Buck v. McLean, Fla.App., 115 So.2d 764 , the Hargrove case was distinguished, and it was held that "county boards of public instruction are agencies of the State and as such are clothed with the same degree of immunity from suit as is the State." In a still later case, Kaulakis v. Boyd, Fla., 138 So.2d 505 , it was held that counties "partake of the sovereign immunity from liability." Thus, sovereign immunity has been held to extend to counties and county boards of education in Florida despite the holding that immunity did not extend to a municipality.

11967–1967
Kaulakis v. Boyd green
fla · 1962
2 sentences

1967In a later case, Buck v. McLean, Fla.App., 115 So.2d 764 , the Hargrove case was distinguished, and it was held that “county boards of public instruction are agencies of the State and as such are clothed with the same degree of immunity from suit as is the State.” In a still later case, Kaulakis v. Boyd, Fla., 138 So.2d 505 , it was held that counties “partake of the sovereign immunity from liability.” Thus, sovereign immunity has been held to extend to counties and county boards of education in Florida despite the holding that immunity did not extend to a municipality.

1967In a later case, Buck v. McLean, Fla.App., 115 So.2d 764 , the Hargrove case was distinguished, and it was held that "county boards of public instruction are agencies of the State and as such are clothed with the same degree of immunity from suit as is the State." In a still later case, Kaulakis v. Boyd, Fla., 138 So.2d 505 , it was held that counties "partake of the sovereign immunity from liability." Thus, sovereign immunity has been held to extend to counties and county boards of education in Florida despite the holding that immunity did not extend to a municipality.

11967–1967
Department of Motor Transp. of Kentucky v. Eck Miller Transfer Co. neutral
kyctapp · 1952
1 sentence

1954Department of Motor Transportation v. Eck Miller Transfer Co., Ky., 249 S.W.2d 802 .

11954–1954
Title Guarantee Trust Co. v. . Haven green
ny · 1915
2 sentences

1934To such effect also was the holding and principle applied in the case of Title Guarantee & Trust Co. v. Haven, 214 N. Y. 468 , 108 N. E. 819, 825 .

1934To such effect also was the holding and principle applied in the case of Title Guarantee & Trust Co. v. Haven, 214 N. Y. 468 , 108 N. E. 819, 825 .

11934–1934
Cartwright v. Commonwealth green
kyctapp · 1922
1 sentence

1924The court in holding this error, and in reversing the judgment for that reason said: “The instruction as given failed to tell the jury what would constitute the seller of the whiskey in question the agent of the appellant, which it should have been made to do.” In Cartwright v. Com., 196 Ky. 6 , defendant was in-1 dieted and tried for the offense of unlawfully having in his possession an illicit still.

11924–1924
Louisville & Nashville R. R. v. Miller neutral
kyctapp · 1909
1 sentence

1919Co. v. Miller, 134 Ky. 716 , an instruction as construed by this court required the company to operate its trains at the character of crossing under consideration with such speed as that they could he stopped before any injury was inflicted, and this court in holding the instruction erroneous said “This goes too far.

11919–1919
Miller v. Gaither neutral
· 1867
1 sentence

1917Some of the text-books, as well as opinions from this court holding to the rule as indicated are: 35 Cyc. 399-402; Miller v. Gaither, 3 Bush 152 ; American Radiator Co. v. McKee, 140 Ky. 105 ; Marbury Lumber Co. v. Stearnes Mfg.

11917–1917
American Radiator Co. v. McKee neutral
kyctapp · 1910
1 sentence

1917Some of the text-books, as well as opinions from this court holding to the rule as indicated are: 35 Cyc. 399-402; Miller v. Gaither, 3 Bush 152 ; American Radiator Co. v. McKee, 140 Ky. 105 ; Marbury Lumber Co. v. Stearnes Mfg.

11917–1917
International Harvester Co. of America v. Bean neutral
kyctapp · 1914
1 sentence

1917Co., 32 Ky. Law Rep. 789 ; International Harvester Co. of America v. Bean, 159 Ky. 842 ; Clark v. Johnson Foundry & Machine Co., 19 Ky. Law Rep. 973 ; Benjamin on Sales, second edition, page 631.

11917–1917

Where else courts name it

TX 73 (1895–2023) NY 71 (1889–2024) CA 62 (1893–2026) PA 44 (1906–2024) WV 42 (1895–2026) IL 39 (1920–2023) FL 34 (1928–2016) OH 33 (1937–2024) MD 30 (1928–2024) WA 25 (1927–2025) MI 25 (1961–2025) AL 22 (1849–2025) MO 20 (1883–2019) GA 20 (1953–2020) LA 18 (1961–2024) IN 18 (1923–2019) TN 17 (1956–2023) OR 15 (1903–2022) MS 15 (1987–2020) WI 14 (1938–2016) VA 14 (1874–2022) CO 13 (1888–2025) NJ 13 (1944–2015) KY 12 (1917–2017) MA 11 (1939–2020) CT 11 (1942–2021) MN 10 (1885–2001) OK 9 (1911–2023) AR 9 (1969–2002) KS 8 (1913–2024) RI 8 (1967–2016) ID 8 (1980–2025) IA 7 (1939–2010) AZ 7 (1956–2000) NC 7 (1916–2010) DE 7 (1923–2022) HI 7 (1904–2015) NE 6 (1908–1998) DC 6 (1975–2016) SC 5 (1912–1989) MT 5 (1923–2007) UT 5 (1981–2017) AK 4 (1986–1994) WY 3 (1933–2018) VT 3 (2014–2025) PR 3 (1951–1967) NV 3 (1980–2012) SD 2 (1949–2003) ND 2 (1910–2002) NH 2 (2003–2007)

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.

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