admonition cures any error (Kentucky) · Go Syfert
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admonition cures any error in Kentucky

11 Kentucky opinions name it 2 courts 2006–2021 2 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 (7)

CaseFollowedCited
Combs v. Commonwealthgreen
ky · 2006 · cited in 5 Kentucky opinions naming this issue, 2008–2012
2 sentences

2012“A jury is presumed to follow an admonition to disregard evidence; thus, the admonition cures any error.” Combs v. Commonwealth, 198 S.W.3d 574, 581 (Ky.2006).

2011See Combs v. Commonwealth, 198 S.W.3d 574, 581 (Ky.2006) (“A jury is presumed to follow an admonition to disregard evidence; thus, the admonition cures any error.”).

45
Mills v. Commonwealthgreen
ky · 1999 · cited in 4 Kentucky opinions naming this issue, 2006–2011
2 sentences

2011Mills v. Commonwealth, 996 S.W.2d 473, 485 (Ky.1999).

2009Mills v. Commonwealth, 996 S.W.2d 473, 485 (Ky.1999).

44
Hoppenjans v. Commonwealthgreen
kyctapp · 2009 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021We may presume that an admonition to disregard evidence is effective, and that “the admonition cures any error.” Hoppenjans v. Commonwealth, 299 S.W.3d 290, 292 (Ky. App. 2009) (citation omitted).

11
Greene v. Commonwealthgreen
kyctapp · 2008 · cited in 1 Kentucky opinions naming this issue, 2011–2011
1 sentence

2011As stated in Greene v. Commonwealth, 244 S.W.3d 128, 138 (Ky.App. 2008): [A] jury is presumed to follow an admonition to disregard evidence; thus, the admonition cures any error.

11
Price v. Commonwealthgreen
ky · 2001 · cited in 1 Kentucky opinions naming this issue, 2010–2010
1 sentence

2010See Price v. Commonwealth, 59 S.W.3d 878, 881 (Ky.2001) ("it has long been the law in Kentucky that an admonition to the jury to disregard an improper argument cures the error unless it appears the argument was so prejudicial, under the circumstances of the case, that an admonition could not cure it.”); Combs v. Commonwealth, 198 S.W.3d 574, 581 (Ky.2006) ("A jury is presumed to follow an admonition to disregard evidence; thus, the admonition cures any error.”).

11
Rankin v. Commonwealthgreen
kyctapp · 2007 · cited in 1 Kentucky opinions naming this issue, 2010–2010
1 sentence

2010See also Rankin v. Commonwealth, 265 S.W.3d 227, 235-36 (Ky.App.2007) (holding that although trial court should have given requested admonition correcting prosecutor’s misstatement of evidence in closing argument, no reversible error occurred in light of trial court requiring Commonwealth to "restate the facts without repeating the misrepresentation” and the conclusion of the Court of Appeals that “the Commonwealth’s misrepresentátion was not of such character and magnitude that Rankin was denied a fair and impartial trial.”). 35 .

11
Johnson v. Commonwealthgreen
ky · 2003 · cited in 1 Kentucky opinions naming this issue, 2008–2008
1 sentence

2008Moreover, There are only two circumstances in which the presumptive efficacy of an admonition falters: (1) when there is an overwhelming probability that the jury will be unable to follow the court’s admonition and there is a strong likelihood that the effect of the inadmissible evidence would be devastating to the defendant; or (2) when the question was asked without a factual basis and was “inflammatory” or “highly prejudicial.” Id. at 581-582 (quoting Johnson v. Commonwealth, 105 S.W.3d 430, 441 (Ky.2003)) (emphasis in original).

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 (2)

CaseCitedYears
Goodyear Tire and Rubber Co. v. Thompson green
ky · 2000
1 sentence

2021Because none of these arguments are included in Henson’s Statement of Points and Authorities nor are they sufficiently briefed in compliance with CR 76.12, we decline to address them here. 57 Goodyear Tire & Rubber Co., 11 S.W.3d at 577 . 58 Carson v. Commonwealth, 621 S.W.3d 443 , 450 (Ky. 2021). 24 strong likelihood that the effect of the inadmissible evidence would be devastating to the defendant” or that the question was highly prejudicial or inflammatory and lacked any factual basis.59 In this case, upon Henson’s request, the trial court gave the jury an admonition.

12021–2021
Benjamin v. Commonwealth green
ky · 2008
2 sentences

2010As we recently reiterated in Benjamin v. Commonwealth, 266 S.W.3d 775 (Ky.2008), [i]t is well-settled law within the Commonwealth that a "jury is presumed to follow an admonition to disregard evidence; thus, the admonition cures any error"....

2010As we recently reiterated in Benjamin v. Commonwealth, 266 S.W.3d 775 (Ky.2008), [i]t is well-settled law within the Commonwealth that a “jury is presumed to follow an admonition to disregard evidence; thus, the admonition cures any error”....

12010–2010

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 510.110 (3)

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.

Where else courts name it

KY 11 (2006–2021) IN 10 (2005–2020)

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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