Hall challenge in Kentucky

2020Defendants argue that the trial court did not conduct the proper Hall analysis when determining the admissibility of the photographs. 468 S.W.3d 814 , 824– 26 (Ky. 2015).

2020Defendants argue that the trial court did not conduct the proper Hall analysis when determining the admissibility of the photographs. 468 S.W.3d 814 , 824– 26 (Ky. 2015).

2023Id. at 126 .

2022Wilson v. Hoffman, 298 S.W.2d 317 (Ky. 1957), a quiet title action in which the defendant moved to dismiss the complaint based on the contract at issue being insufficient under the statute of frauds, id. at 318 , appears to be the last case decided by our predecessor Court which cites Hall’s rule.

2022Wilson v. Hoffman, 298 S.W.2d 317 (Ky. 1957), a quiet title action in which the defendant moved to dismiss the complaint based on the contract at issue being insufficient under the statute of frauds, id. at 318 , appears to be the last case decided by our predecessor Court which cites Hall’s rule.

2021In short, though the record adduced in court may not directly refute Hall’s claim about what his counsel had allegedly said out-of-court, Hall’s claims are nonetheless “otherwise resolved by the record . . . .” Pridham, 394 S.W.3d at 874 .5 4 Lee has not yet been cited by a Kentucky appellate court, but its cautionary language fits here. 5 Our holding in Embry is generally consistent with prior, unpublished opinions (which we cite purely for illustrative purposes).

2020Id. 9 We reversed this conviction, holding that the trial court had erred in denying Hall’s motion for a directed verdict on the charge of theft by unlawful taking.

2020In doing so, we examined each of the four definitions of “deprive.” Id. at 12 .

2011The Commonwealth had sought the death penalty for both Hodge and Hall. [5] See Allen v. United States, 164 U.S. 492, 501 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896). [6] See Holland v. Commonwealth, 114 S.W.3d 792 , 795 n. 2 (Ky.2003) (in case in which defendant was alternatively charged with attempted intentional murder and attempted wanton murder; but trial court only instructed the jury on attempted intentional murder, holding that trial court properly ruled that attempted wanton murder is not an offense because "there is no such criminal offense as an attempt to achieve an unintended result.").

2011The Commonwealth had sought the death penalty for both Hodge and Hall. [5] See Allen v. United States, 164 U.S. 492, 501 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896). [6] See Holland v. Commonwealth, 114 S.W.3d 792 , 795 n. 2 (Ky.2003) (in case in which defendant was alternatively charged with attempted intentional murder and attempted wanton murder; but trial court only instructed the jury on attempted intentional murder, holding that trial court properly ruled that attempted wanton murder is not an offense because "there is no such criminal offense as an attempt to achieve an unintended result.").

2011The Commonwealth had sought the death penalty for both Hodge and Hall. [5] See Allen v. United States, 164 U.S. 492, 501 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896). [6] See Holland v. Commonwealth, 114 S.W.3d 792 , 795 n. 2 (Ky.2003) (in case in which defendant was alternatively charged with attempted intentional murder and attempted wanton murder; but trial court only instructed the jury on attempted intentional murder, holding that trial court properly ruled that attempted wanton murder is not an offense because "there is no such criminal offense as an attempt to achieve an unintended result.").

2011NOTES [1] Ky. Const. § 110(2)(b). [2] 839 S.W.2d 268 (Ky. 1992). [3] According to Hall's brief, his "defense was that his downward spiral from drug addiction led to his planning a robbery that went horribly wrong." [4] According to Hall's brief, Hodge was indicted for the intentional murder of Margaret "Faye" Jackson, the intentional attempted murder of Mitchell Turner, first-degree robbery, and first-degree burglary and pleaded guilty to all offenses in order to obtain a life sentence.

2002NOTES [1] No further review has been sought with respect to the dismissal of Hall's claim against Lyons. [2] Hall also claimed that Lyons stalked her outside the office, but that assertion was relevant only to her individual claim against Lyons, not to her hostile work environment claim against American General. [1] Ky., 840 S.W.2d 814 (1992). [2] Ky., 977 S.W.2d 910 (1998). [3] Hall v. Lyons, Ky.App., 1997-CA-002809-MR, slip op. at 4 (Oct. 8, 1999) (quoting Hardaway, 977 S.W.2d at 917 ). [4] 833 F.Supp. 617 (W.D.Ky.1993). [5] Id. at 619 . [6] Id. [7] Collings v. Scheen, Ky., 415 S.W.2d 589, 5

2002NOTES [1] No further review has been sought with respect to the dismissal of Hall's claim against Lyons. [2] Hall also claimed that Lyons stalked her outside the office, but that assertion was relevant only to her individual claim against Lyons, not to her hostile work environment claim against American General. [1] Ky., 840 S.W.2d 814 (1992). [2] Ky., 977 S.W.2d 910 (1998). [3] Hall v. Lyons, Ky.App., 1997-CA-002809-MR, slip op. at 4 (Oct. 8, 1999) (quoting Hardaway, 977 S.W.2d at 917 ). [4] 833 F.Supp. 617 (W.D.Ky.1993). [5] Id. at 619 . [6] Id. [7] Collings v. Scheen, Ky., 415 S.W.2d 589, 5

2002Atkins v. Virginia, ___ U.S. ___, ___ n. 25, 122 S.Ct. 2242 , 2252 n. 25, 153 L.Ed.2d 335 , ___ n. 25 (2002). [38] See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993); Mitchell v. Commonwealth, Ky., 908 S.W.2d 100 (1995) (adopting Daubert ), overruled on other grounds, Fugate v. Commonwealth, Ky., 993 S.W.2d 931 (1999); Goodyear Tire and Rubber Co. v. Thompson, Ky., 11 S.W.3d 575, 578-9 (2000). [39] Taylor v. Commonwealth, Ky., 995 S.W.2d 355, 360 (1999). [40] Id. [41] Gabow v. Commonwealth, Ky., 34 S.W.3d 63, 72 (2000) ( quoting Houston v.

2002Atkins v. Virginia, ___ U.S. ___, ___ n. 25, 122 S.Ct. 2242 , 2252 n. 25, 153 L.Ed.2d 335 , ___ n. 25 (2002). [38] See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993); Mitchell v. Commonwealth, Ky., 908 S.W.2d 100 (1995) (adopting Daubert ), overruled on other grounds, Fugate v. Commonwealth, Ky., 993 S.W.2d 931 (1999); Goodyear Tire and Rubber Co. v. Thompson, Ky., 11 S.W.3d 575, 578-9 (2000). [39] Taylor v. Commonwealth, Ky., 995 S.W.2d 355, 360 (1999). [40] Id. [41] Gabow v. Commonwealth, Ky., 34 S.W.3d 63, 72 (2000) ( quoting Houston v.

2002Atkins v. Virginia, ___ U.S. ___, ___ n. 25, 122 S.Ct. 2242 , 2252 n. 25, 153 L.Ed.2d 335 , ___ n. 25 (2002). [38] See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993); Mitchell v. Commonwealth, Ky., 908 S.W.2d 100 (1995) (adopting Daubert ), overruled on other grounds, Fugate v. Commonwealth, Ky., 993 S.W.2d 931 (1999); Goodyear Tire and Rubber Co. v. Thompson, Ky., 11 S.W.3d 575, 578-9 (2000). [39] Taylor v. Commonwealth, Ky., 995 S.W.2d 355, 360 (1999). [40] Id. [41] Gabow v. Commonwealth, Ky., 34 S.W.3d 63, 72 (2000) ( quoting Houston v.

2002Atkins v. Virginia, ___ U.S. ___, ___ n. 25, 122 S.Ct. 2242 , 2252 n. 25, 153 L.Ed.2d 335 , ___ n. 25 (2002). [38] See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993); Mitchell v. Commonwealth, Ky., 908 S.W.2d 100 (1995) (adopting Daubert ), overruled on other grounds, Fugate v. Commonwealth, Ky., 993 S.W.2d 931 (1999); Goodyear Tire and Rubber Co. v. Thompson, Ky., 11 S.W.3d 575, 578-9 (2000). [39] Taylor v. Commonwealth, Ky., 995 S.W.2d 355, 360 (1999). [40] Id. [41] Gabow v. Commonwealth, Ky., 34 S.W.3d 63, 72 (2000) ( quoting Houston v.

2002Atkins v. Virginia, ___ U.S. ___, ___ n. 25, 122 S.Ct. 2242 , 2252 n. 25, 153 L.Ed.2d 335 , ___ n. 25 (2002). [38] See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993); Mitchell v. Commonwealth, Ky., 908 S.W.2d 100 (1995) (adopting Daubert ), overruled on other grounds, Fugate v. Commonwealth, Ky., 993 S.W.2d 931 (1999); Goodyear Tire and Rubber Co. v. Thompson, Ky., 11 S.W.3d 575, 578-9 (2000). [39] Taylor v. Commonwealth, Ky., 995 S.W.2d 355, 360 (1999). [40] Id. [41] Gabow v. Commonwealth, Ky., 34 S.W.3d 63, 72 (2000) ( quoting Houston v.

2002Atkins v. Virginia, ___ U.S. ___, ___ n. 25, 122 S.Ct. 2242 , 2252 n. 25, 153 L.Ed.2d 335 , ___ n. 25 (2002). [38] See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993); Mitchell v. Commonwealth, Ky., 908 S.W.2d 100 (1995) (adopting Daubert ), overruled on other grounds, Fugate v. Commonwealth, Ky., 993 S.W.2d 931 (1999); Goodyear Tire and Rubber Co. v. Thompson, Ky., 11 S.W.3d 575, 578-9 (2000). [39] Taylor v. Commonwealth, Ky., 995 S.W.2d 355, 360 (1999). [40] Id. [41] Gabow v. Commonwealth, Ky., 34 S.W.3d 63, 72 (2000) ( quoting Houston v.

2002NOTES [1] No further review has been sought with respect to the dismissal of Hall's claim against Lyons. [2] Hall also claimed that Lyons stalked her outside the office, but that assertion was relevant only to her individual claim against Lyons, not to her hostile work environment claim against American General. [1] Ky., 840 S.W.2d 814 (1992). [2] Ky., 977 S.W.2d 910 (1998). [3] Hall v. Lyons, Ky.App., 1997-CA-002809-MR, slip op. at 4 (Oct. 8, 1999) (quoting Hardaway, 977 S.W.2d at 917 ). [4] 833 F.Supp. 617 (W.D.Ky.1993). [5] Id. at 619 . [6] Id. [7] Collings v. Scheen, Ky., 415 S.W.2d 589, 5

2002NOTES [1] No further review has been sought with respect to the dismissal of Hall's claim against Lyons. [2] Hall also claimed that Lyons stalked her outside the office, but that assertion was relevant only to her individual claim against Lyons, not to her hostile work environment claim against American General. [1] Ky., 840 S.W.2d 814 (1992). [2] Ky., 977 S.W.2d 910 (1998). [3] Hall v. Lyons, Ky.App., 1997-CA-002809-MR, slip op. at 4 (Oct. 8, 1999) (quoting Hardaway, 977 S.W.2d at 917 ). [4] 833 F.Supp. 617 (W.D.Ky.1993). [5] Id. at 619 . [6] Id. [7] Collings v. Scheen, Ky., 415 S.W.2d 589, 5

2002NOTES [1] No further review has been sought with respect to the dismissal of Hall's claim against Lyons. [2] Hall also claimed that Lyons stalked her outside the office, but that assertion was relevant only to her individual claim against Lyons, not to her hostile work environment claim against American General. [1] Ky., 840 S.W.2d 814 (1992). [2] Ky., 977 S.W.2d 910 (1998). [3] Hall v. Lyons, Ky.App., 1997-CA-002809-MR, slip op. at 4 (Oct. 8, 1999) (quoting Hardaway, 977 S.W.2d at 917 ). [4] 833 F.Supp. 617 (W.D.Ky.1993). [5] Id. at 619 . [6] Id. [7] Collings v. Scheen, Ky., 415 S.W.2d 589, 5

2002NOTES [1] No further review has been sought with respect to the dismissal of Hall's claim against Lyons. [2] Hall also claimed that Lyons stalked her outside the office, but that assertion was relevant only to her individual claim against Lyons, not to her hostile work environment claim against American General. [1] Ky., 840 S.W.2d 814 (1992). [2] Ky., 977 S.W.2d 910 (1998). [3] Hall v. Lyons, Ky.App., 1997-CA-002809-MR, slip op. at 4 (Oct. 8, 1999) (quoting Hardaway, 977 S.W.2d at 917 ). [4] 833 F.Supp. 617 (W.D.Ky.1993). [5] Id. at 619 . [6] Id. [7] Collings v. Scheen, Ky., 415 S.W.2d 589, 5

2002NOTES [1] No further review has been sought with respect to the dismissal of Hall's claim against Lyons. [2] Hall also claimed that Lyons stalked her outside the office, but that assertion was relevant only to her individual claim against Lyons, not to her hostile work environment claim against American General. [1] Ky., 840 S.W.2d 814 (1992). [2] Ky., 977 S.W.2d 910 (1998). [3] Hall v. Lyons, Ky.App., 1997-CA-002809-MR, slip op. at 4 (Oct. 8, 1999) (quoting Hardaway, 977 S.W.2d at 917 ). [4] 833 F.Supp. 617 (W.D.Ky.1993). [5] Id. at 619 . [6] Id. [7] Collings v. Scheen, Ky., 415 S.W.2d 589, 5

2002NOTES [1] No further review has been sought with respect to the dismissal of Hall's claim against Lyons. [2] Hall also claimed that Lyons stalked her outside the office, but that assertion was relevant only to her individual claim against Lyons, not to her hostile work environment claim against American General. [1] Ky., 840 S.W.2d 814 (1992). [2] Ky., 977 S.W.2d 910 (1998). [3] Hall v. Lyons, Ky.App., 1997-CA-002809-MR, slip op. at 4 (Oct. 8, 1999) (quoting Hardaway, 977 S.W.2d at 917 ). [4] 833 F.Supp. 617 (W.D.Ky.1993). [5] Id. at 619 . [6] Id. [7] Collings v. Scheen, Ky., 415 S.W.2d 589, 5