12 Kentucky opinions name it 3 courts 1967–2026 4 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 |
|---|---|---|
New York v. Ferbergreen2 sentences1985Thus, “[w]hile some states may find this approach [the Miller test] properly accommodates its interests, it does not follow that the First Amendment prohibits a state from going further.” Id. at 760, 102 S.Ct. at 3356 , 73 L.Ed.2d 1113, 1125 . 1985Thus, “[w]hile some states may find this approach [the Miller test] properly accommodates its interests, it does not follow that the First Amendment prohibits a state from going further.” Id. at 760, 102 S.Ct. at 3356 , 73 L.Ed.2d 1113, 1125 . | 1 | 2 |
Gullion v. Gulliongreen1 sentence2026See, e.g., Gullion v. Gullion, 163 S.W.3d 888, 893 (Ky. 2005) (explaining a CR 59.05 motion may be granted to correct manifest errors of law or fact upon which the judgment is based; so that the moving party may present newly discovered or previously unavailable evidence; if necessary to prevent manifest injustice; or because of an intervening change in controlling law). | 1 | 1 |
Montgomery v. Louisianagreen1 sentence2022Montgomery, 136 S. Ct. at 726, 732 . -6- The Court did point out that Miller’s holding has a procedural component, which requires the sentencing authority consider factors related to the juvenile offender’s youth before finding a life sentence without parole to be a proportionate sentence to the crime(s) committed. | 1 | 1 |
Johnson v. Commonwealthgreen1 sentence2011E.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). | 1 | 1 |
Mattingly v. Shortellgreen2 sentences1970See Mattingly v. Shortell, 120 Ky. 52 , 85 S.W. 215 . 1970See Mattingly v. Shortell, 120 Ky. 52 , 85 S.W. 215 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miller v. Commonwealth
green
1 sentence2025Id. at 806 . | 1 | 2025–2025 |
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
1 sentence2024After review, we affirm. 1 See Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). | 1 | 2024–2024 |
Miller v. Administrative Office of the Courts
green
1 sentence2015Id. at 877 . | 1 | 2015–2015 |
Ratliff v. Commonwealth
green
1 sentence2011Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky.2006). | 1 | 2011–2011 |
East River Steamship Corp. v. Transamerica Delaval Inc.
green
2 sentences2011“But the injury suffered — the failure of the product to function properly — is the essence of a warranty action, through which a contracting party can seek to recoup the benefit of its bargain.” East River Steamship Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 868 , 106 S.Ct. 2295, 2300 , 90 L.Ed.2d 865 (1986). 2011“But the injury suffered — the failure of the product to function properly — is the essence of a warranty action, through which a contracting party can seek to recoup the benefit of its bargain.” East River Steamship Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 868 , 106 S.Ct. 2295, 2300 , 90 L.Ed.2d 865 (1986). | 1 | 2011–2011 |
Marks v. United States
green
2 sentences1977In Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (decided March 1, 1977), the Supreme Court held that part (c) of the Miller test was not retroactive, but that part (b) of the same test, wherein the court enumerated specific categories of material, did not purport to make criminal, for the purpose of the federal statute proscribing the exhibition of obscene material, conduct which had not previously been thought criminal. 1977In Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (decided March 1, 1977), the Supreme Court held that part (c) of the Miller test was not retroactive, but that part (b) of the same test, wherein the court enumerated specific categories of material, did not purport to make criminal, for the purpose of the federal statute proscribing the exhibition of obscene material, conduct which had not previously been thought criminal. | 1 | 1977–1977 |
Lee v. Stamper
green
1 sentence1967CRr 11.-42(2); Lee v. Stamper, Ky., 300 S.W.2d 251 ; Cincinnati, N. & C. | 1 | 1967–1967 |
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.