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12 Kentucky opinions name it 3 courts 1972–2024 3 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 |
|---|---|---|
Commonwealth v. Barrosogreen2 sentences2016By handing over the documents that were produced for in-camera review, the trial 8 See Commonwealth v. Barroso, 122 S.W.3d 554, 557 (Ky. 2003) ("We conclude that her compelled testimony did not constitute a voluntary waiver of the privilege."); see also Kentucky Rules of Evidence (KRE) 509; KRE 510(1) ("A claim of privilege is not defeated by a disclosure which was compelled erroneously ... ."). 9 At the time the Estate's emergency motion was heard by the trial court, the nurse who was to be deposed was 7.5 months pregnant. 2016See Commonwealth v. Barroso, 122 S.W.3d 554, 557 (Ky.2003) ("We conclude that her compelled testimony did not constitute a voluntary waiver of the privilege.”); see also Kentucky Rules of Evidence (KRE) 509; KRE 510(1) ("A claim of privilege is not defeated by a disclosure which was compelled erroneously....”). 9 . ■ At the time the Estate’s emergency motion was heard by the trial court, the nurse who was to be deposed was 7.5 months pregnant. | 4 | 4 |
Linehan v. Commonwealthgreen1 sentence2016The accused is adequately protected by suppressing use• of the statement in any trial involving the old charges[.] Id. at 11 (emphasis added). | 1 | 1 |
State v. Muhammadgreen2 sentences2004On this point, the preliminary hearing "does not result in any determination of guilt or innocence or in confinement or punishment." State v. Muhammad, 237 Kan. 850 , 703 P.2d 835, 839-40 (1985) (holding that, under Kansas state law, a court may conduct a transfer hearing "without a voluntary waiver of appearance by the juvenile if counsel is present and allowed to participate on the juvenile's behalf.") Moreover, applying the reasoning of Commonwealth v. Townsend, Ky., 87 S.W.3d 12, 15 (2002), if a defendant can waive his constitutional right to a trial by jury, which he can, there is no reas 2004On this point, the preliminary hearing "does not result in any determination of guilt or innocence or in confinement or punishment." State v. Muhammad, 237 Kan. 850 , 703 P.2d 835, 839-40 (1985) (holding that, under Kansas state law, a court may conduct a transfer hearing "without a voluntary waiver of appearance by the juvenile if counsel is present and allowed to participate on the juvenile's behalf.") Moreover, applying the reasoning of Commonwealth v. Townsend, Ky., 87 S.W.3d 12, 15 (2002), if a defendant can waive his constitutional right to a trial by jury, which he can, there is no reas | 1 | 1 |
Commonwealth v. Townsendgreen2 sentences2004On this point, the preliminary hearing "does not result in any determination of guilt or innocence or in confinement or punishment." State v. Muhammad, 237 Kan. 850 , 703 P.2d 835, 839-40 (1985) (holding that, under Kansas state law, a court may conduct a transfer hearing "without a voluntary waiver of appearance by the juvenile if counsel is present and allowed to participate on the juvenile's behalf.") Moreover, applying the reasoning of Commonwealth v. Townsend, Ky., 87 S.W.3d 12, 15 (2002), if a defendant can waive his constitutional right to a trial by jury, which he can, there is no reas 2004On this point, the preliminary hearing “does not result in any determination of guilt or innocence or in confinement or punishment.” State v. Muhammad, 237 Kan. 850 , 703 P.2d 835, 839-40 (1985) (holding that, under Kansas state law, a court may conduct a transfer hearing “without a voluntary waiver of appearance by the juvenile if counsel is present and allowed to participate on the juvenile’s behalf.”) Moreover, applying the reasoning of Commonwealth v. Townsend, Ky., 87 S.W.3d 12, 15 (2002), if a defendant can waive his constitutional right to a trial by jury, which he can, there is no reas | 1 | 1 |
Riverside Hospital, Inc. v. Garzagreen2 sentences2003See KRE 509 (privilege waived by holder’s voluntary disclosure); KRE 510 (“A claim of privilege is not defeated by a disclosure which was: (1) Compelled erroneously; or (2) Made without opportunity to claim the privilege.”); cf. Riverside Hosp., Inc. v. Garza, 894 S.W.2d 850, 857 (Tex.App.1995) (production of privileged records pursuant to court order is not a voluntary waiver). 2003See KRE 509 (privilege waived by holder’s voluntary disclosure); KRE 510 (“A claim of privilege is not defeated by a disclosure which was: (1) Compelled erroneously; or (2) Made without opportunity to claim the privilege.”); cf. Riverside Hosp., Inc. v. Garza, 894 S.W.2d 850, 857 (Tex.App.1995) (production of privileged records pursuant to court order is not a voluntary waiver). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Taylor v. United States
green
1 sentence2024Id. at 346-47 (emphasis added), see also Taylor v. United States, 414 U.S. 17 (1973) (holding that the defendant’s voluntary absence after trial began in his presence constituted a voluntary waiver of his right to be present). | 1 | 2024–2024 |
Joseph Wilson v. David Harris, Superintendent, Green Haven Correctional Facility
green
1 sentence2024Wilson v. Harris, 595 F.2d 101 (2d Cir. 1979), is also illustrative of the tenet that waiver of the right to be present may be apparent from conduct alone. | 1 | 2024–2024 |
Padgett v. Commonwealth
green
1 sentence2022In Mills v. Commonwealth, 996 S.W.2d 473 (Ky. 1999), overruled on other grounds by Padgett v. Commonwealth, 312 S.W.3d 336 (Ky. 2010), the Supreme Court of Kentucky addressed both the voluntary waiver of a defendant’s Miranda rights and the voluntariness of his confession. | 1 | 2022–2022 |
Mills v. Commonwealth
green
1 sentence2022In Mills v. Commonwealth, 996 S.W.2d 473 (Ky. 1999), overruled on other grounds by Padgett v. Commonwealth, 312 S.W.3d 336 (Ky. 2010), the Supreme Court of Kentucky addressed both the voluntary waiver of a defendant’s Miranda rights and the voluntariness of his confession. | 1 | 2022–2022 |
McKinney v. Commonwealth
green
1 sentence2021The Court agreed that “a defendant charged with a misdemeanor cannot be tried in his absence unless that absence is voluntary[,]” but it concluded that inferences were permissible to prove a such voluntary waiver, stating that if “the Commonwealth proves that the defendant had knowledge of the trial date, and did not appear, we -14- think an inference may be indulged that the absence was intentional, knowing and voluntary, particularly where the defendant is one with previous acquaintanceship with court procedure as a defendant on criminal prosecutions.” Id. | 1 | 2021–2021 |
Benge v. Commonwealth
green
2 sentences2004On this point, the preliminary hearing "does not result in any determination of guilt or innocence or in confinement or punishment." State v. Muhammad, 237 Kan. 850 , 703 P.2d 835, 839-40 (1985) (holding that, under Kansas state law, a court may conduct a transfer hearing "without a voluntary waiver of appearance by the juvenile if counsel is present and allowed to participate on the juvenile's behalf.") Moreover, applying the reasoning of Commonwealth v. Townsend, Ky., 87 S.W.3d 12, 15 (2002), if a defendant can waive his constitutional right to a trial by jury, which he can, there is no reas 2004(Toivnsend held that a defendant could waive the “finally discharged” provision of KRS 640.030(2)(b).) Humphrey further supports his argument that the preliminary hearing cannot be waived by citing Benge v. Commonwealth, Ky., 346 S.W.2d 311 (1961) for the proposition that, since a transfer hearing is a jurisdictional requirement, a juvenile is unable to waive that hearing. | 1 | 2004–2004 |
Illinois v. Allen
green
2 sentences1981Illinois v. Allen, 397 U.S. 337 , 90 S.Ct. 1057 , 25 L.Ed.2d 353 (1970). 1981Illinois v. Allen, 397 U.S. 337 , 90 S.Ct. 1057 , 25 L.Ed.2d 353 (1970). | 1 | 1981–1981 |
Miranda v. Arizona
green
2 sentences1972The warnings required by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1965), were given to him and he signed a voluntary waiver of his right to counsel and his right to remain silent. 1972The warnings required by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1965), were given to him and he signed a voluntary waiver of his right to counsel and his right to remain silent. | 1 | 1972–1972 |
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.