long standing principle (Kentucky) · Go Syfert
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long standing principle in Kentucky

12 Kentucky opinions name it 2 courts 1951–2018 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 (5)

CaseFollowedCited
Montgomery v. Commonwealthgreen
ky · 1991 · cited in 3 Kentucky opinions naming this issue, 2014–2018
2 sentences

2018In Sluss, we summarized our considerations as follows: Kentucky Criminal Rule (“RCr”) 9.36 states clearly that ‘when there is reasonable ground to believe that a prospective juror cannot render a fair and impartial verdict on the evidence, that juror shall be excused as not qualified.’ We must also adhere to the long standing principle ‘that objective bias renders a juror legally partial, despite his claim of impartiality.’ Montgomery v. Commonwealth, 819 S.W.2d 713, 718 (Ky.l991).

2016In Sluss, we summarized our considerations as follows: Kentucky Criminal Rule ("RCr") 9.36 states clearly that 'when there is reasonable ground to believe that a prospective juror cannot render a fair and impartial verdict on the evidence, that juror shall be excused as not qualified.' We must also adhere to the long standing principle 'that objective bias renders a juror legally partial, despite his claim of impartiality.' Montgomery v. Commonwealth, 819 S.W.2d 713, 718 (Ky.1991) (emphasis added).

33
Pennington v. Commonwealthgreen
kyctapphigh · 1958 · cited in 1 Kentucky opinions naming this issue, 2014–2014
1 sentence

2014Also, the trial court in this case abused its discretion by disregarding the “probability of bias or prejudice that is determinative in ruling on a challenge for cause.” Id. (citing Pennington v. Commonwealth, 316 S.W.2d 221, 224 (Ky.1958)).

11
Goodin v. General Accident Fire & L. Assur. Corp., Ltd.green
kyctapphigh · 1970 · cited in 1 Kentucky opinions naming this issue, 1986–1986
1 sentence

1986Goodin v. General Accident Fire and Life Ass. Corp., Ky., 450 S.W.2d 252, 255 (1970).

11
Edwards v. Commonwealthgreen
ky · 1977 · cited in 1 Kentucky opinions naming this issue, 1979–1979
1 sentence

1979The long standing principle that it is within the discretion of the circuit judge to decide as to the qualification of witnesses has been re-emphasized most recently in Edwards v. Commonwealth, Ky., 554 S.W.2d 380, 385 (1977), and his ruling ordinarily will not be disturbed on appeal.

11
Moore v. Wheelergreen
kyctapp · 1968 · cited in 1 Kentucky opinions naming this issue, 1979–1979
1 sentence

1979Moore v. Wheeler, Ky., 425 S.W.2d 541, 544 (1968).

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 (7)

CaseCitedYears
In re Lane neutral
kyctapp · 1956
2 sentences

2018Id. (citing In re Lane, 291 S.W.2d 19 (Ky. 1956)).

2005In re Lane, 291 S.W.2d 19 (Ky.1956).

22005–2018
Kentucky Bar Ass'n v. Burbank green
ky · 1976
1 sentence

2018Id. (citing In re Lane, 291 S.W.2d 19 (Ky. 1956)).

12018–2018
Milby v. Mears green
kyctapp · 1979
1 sentence

2017Milby v. Mears, 580 S.W.2d 724 (Ky. App. 1979).

12017–2017
Eaton Axle Corp. v. Nally green
ky · 1985
1 sentence

2016Eaton Axle Corp. v. Nally, 688 S.W.2d 334 (Ky. 1985); CR 54.02.

12016–2016
Haven Point Enterprises, Inc. v. United Kentucky Bank, Inc. green
ky · 1985
1 sentence

2001Haven Point Enterprises, Inc. v. United Kentucky Bank, Inc., Ky., 690 S.W.2d 393 (1985).

12001–2001
Gibson v. Sellars green
kyctapphigh · 1952
2 sentences

1987The last of the pre-Buchanan cases, Gibson v. Sellars, Ky., 252 S.W.2d 911 (1952), reiterated the long standing rule of construction that, in the interpretation of deeds, parol or other extrinsic evidence is not admissible except where the language of the instrument is “ambiguous or obscure.” The specific ruling declared that in a deed excepting coal and “mineral rights”, the latter term included oil and gas.

1987The last of the pre- Buchanan cases, Gibson v. Sellars, Ky., 252 S.W.2d 911 (1952), reiterated the long standing rule of construction that, in the interpretation of deeds, parol or other extrinsic evidence is not admissible except where the language of the instrument is "ambiguous or obscure." The specific ruling declared that in a deed excepting coal and "mineral rights", the latter term included oil and gas.

11987–1987
Pearson v. Baker green
· 1836
2 sentences

1951Pearson v. Baker, 34 Ky. 321 , 4 Dana 321 .

1951Pearson v. Baker, 34 Ky. 321 , 4 Dana 321 .

11951–1951

Where else courts name it

TX 112 (1978–2026) PA 38 (1971–2025) FL 35 (1959–2020) LA 32 (1953–2021) IN 32 (1969–2024) OK 31 (1954–2023) TN 28 (1969–2020) CA 26 (1943–2025) MO 25 (1974–2019) IL 21 (1976–2025) WA 20 (1978–2024) MT 18 (1968–2008) MS 18 (1971–2024) AL 17 (1961–2023) ID 16 (1981–2024) GA 16 (1977–2022) KS 16 (1955–2022) OH 15 (1983–2025) NC 15 (1975–2024) SC 14 (1977–2019) VA 13 (1972–2009) CT 13 (1988–2019) KY 12 (1951–2018) MA 12 (1967–2026) SD 11 (1957–2011) MD 10 (1968–2016) AZ 9 (1960–1990) NY 9 (1888–2008) CO 8 (1959–2009) NJ 7 (1963–2020) MI 7 (1968–2021) AR 7 (1959–2021) VT 7 (1980–2020) DC 6 (1976–2020) WI 5 (1973–2020) OR 5 (1966–2015) NM 5 (1960–2007) RI 4 (1973–2010) NH 3 (2020–2022) ME 2 (1972–1977) WV 2 (1982–2022) NV 2 (1978–2024)

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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