lack analysis (Kentucky) · Go Syfert
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lack analysis in Kentucky

11 Kentucky opinions name it 3 courts 1940–2026 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 (6)

CaseFollowedCited
Hensley v. Commonwealthgreen
kyctapp · 2010 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023See Hensley v. Commonwealth, 305 S.W.3d 434 (Ky. App. 2010) (evidentiary hearing was not required on defendant’s motion to vacate sentence based on allegedly ineffective assistance of counsel; defendant “offered no factual support for his claims” and during plea colloquy, he “specified that he had no complaints about his attorneys’ performance”).

11
United States v. Jerry Don Holleygreen
ca5 · 1991 · cited in 1 Kentucky opinions naming this issue, 2013–2013
2 sentences

2013See, e.g., Holley, 942 F.2d at 929 . 8 The federal courts allow correction of such flawed indictments with instructions requiring the jury to agree as to which criminal act the defendant committed, and the lack of such an instruction is reversible error.

2013See Holley, 942 F.2d at 929 .

11
Sherroan v. Commonwealthgreen
ky · 2004 · cited in 1 Kentucky opinions naming this issue, 2012–2012
1 sentence

2012See id. (“Since the murder instructions directed the jurors not to convict Appellant of murder unless they believed beyond a reasonable doubt that he was not acting under EED, the failure to include the additional admonition in the presumption of innocence/reasonable doubt instruction did not adversely affect Appellant’s substantial rights.”).

11
Condella v. Cumberland Farms, Inc.green
njsuperctappdiv · 1996 · cited in 1 Kentucky opinions naming this issue, 2009–2009
1 sentence

2009We agree with a previous ruling of the Court of Appeals that there is no blanket prohibition against counsel playing selected portions of a videotaped deposition for a jury during closing argumentt28 But our opinion should not be misconstrued as holding that a trial court must invariably permit such segments to be displayed to the jury during closing argument . 29 Instead, we 27 Although the videotaped record of the trial does not clearly show the video screen upon which the jury viewed the segments, we estimate that the total length of the segments played to the jury was approximately three m

11
Owensboro Mercy Health System v. Paynegreen
kyctapp · 2000 · cited in 1 Kentucky opinions naming this issue, 2009–2009
1 sentence

2009We agree with a previous ruling of the Court of Appeals that there is no blanket prohibition against counsel playing selected portions of a videotaped deposition for a jury during closing argumentt28 But our opinion should not be misconstrued as holding that a trial court must invariably permit such segments to be displayed to the jury during closing argument . 29 Instead, we 27 Although the videotaped record of the trial does not clearly show the video screen upon which the jury viewed the segments, we estimate that the total length of the segments played to the jury was approximately three m

11
Commonwealth v. Benhamgreen
ky · 1991 · cited in 1 Kentucky opinions naming this issue, 1992–1992
2 sentences

1992We have recently restated the controlling principle for granting a directed verdict, in Commonwealth v. Benham, Ky., 816 S.W.2d 186, 187 (1991), as follows: “On motion for directed verdict, the trial court must draw all fair and reasonable inferences from the evidence in favor of the Commonwealth.

1992We have recently restated the controlling principle for granting a directed verdict, in Commonwealth v. Benham, Ky., 816 S.W.2d 186, 187 (1991), as follows: "On motion for directed verdict, the trial court must draw all fair and reasonable inferences from the evidence in favor of the Commonwealth.

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 (6)

CaseCitedYears
Bender v. Eaton green
kyctapphigh · 1961
2 sentences

2015As Petitioners allege, "it is undisputed that Respondents did not properly file and present claims as mandated by KRS Chapter 396 and which is a statutory condition precedent to filing suit." In regards to Petitioner's KRS Chapter 396 argument, the Court of Appeals merely concluded 3 This Court will not address whether Petitioners qualify for the "special cases" exception to the issuance of . a writ because "the exception allows a petitioner to avoid only the requirement of great and irreparable injury, not the requirement of lack of an adequate remedy by appeal." Chauvin, 175 S.W.3d at 617 (c

2014As Petitioners allege, "it is undisputed that Respondents did not properly file and present claims as mandated by KRS Chapter 396 and which is a statutory condition precedent to filing suit." In regards to Petitioner's KRS Chapter 396 argument, the Court of Appeals merely concluded 3 This Court will not address whether Petitioners qualify for the "special cases" exception to the issuance of . a writ because "the exception allows a petitioner to avoid only the requirement of great and irreparable injury, not the requirement of lack of an adequate remedy by appeal." Chauvin, 175 S.W.3d at 617 (c

22014–2015
Independent Order of Foresters v. Chauvin green
ky · 2005
2 sentences

2015As Petitioners allege, "it is undisputed that Respondents did not properly file and present claims as mandated by KRS Chapter 396 and which is a statutory condition precedent to filing suit." In regards to Petitioner's KRS Chapter 396 argument, the Court of Appeals merely concluded 3 This Court will not address whether Petitioners qualify for the "special cases" exception to the issuance of . a writ because "the exception allows a petitioner to avoid only the requirement of great and irreparable injury, not the requirement of lack of an adequate remedy by appeal." Chauvin, 175 S.W.3d at 617 (c

2014As Petitioners allege, "it is undisputed that Respondents did not properly file and present claims as mandated by KRS Chapter 396 and which is a statutory condition precedent to filing suit." In regards to Petitioner's KRS Chapter 396 argument, the Court of Appeals merely concluded 3 This Court will not address whether Petitioners qualify for the "special cases" exception to the issuance of . a writ because "the exception allows a petitioner to avoid only the requirement of great and irreparable injury, not the requirement of lack of an adequate remedy by appeal." Chauvin, 175 S.W.3d at 617 (c

22014–2015
Smith v. Smith green
kyctapp · 2014
1 sentence

2026Id. at 731-32 .7 Moreover, even if we leniently accept all of Father’s factual allegations as true despite the lack of hearing recordings in the record on appeal and the almost total lack of references to the record in his brief, we still discern no palpable error resulting in manifest injustice.

12026–2026
Powell v. Powell green
ky · 2003
1 sentence

2020Following the correction, the court did not adjust the maintenance award. 65 Id. at 223-24 . 22 for three years.66 The wife had proposed a budget establishing her reasonable needs at $5,400 per month.67 A plurality, writing for the court, remanded the case in part because the trial court failed to address the gross discrepancy in incomes between parties and for a lack of analysis as to what the wife’s reasonable needs were in light of the couple’s standard of living.68 A two-vote concurrence accepted the wife’s proposed budget as sufficient evidence of reasonable need, but found the trial cour

12020–2020
Bill Hugo Williams v. Donald E. Bordenkircher, Supt., Kentucky State Penitentiary green
ca6 · 1983
1 sentence

2004Id.

12004–2004
Holmes v. Clark green
kyctapphigh · 1938
2 sentences

1940But, above and beyond the conclusion expressed, the discussions of which will be carried no further, we are of the opinion that the plea was not availing on another ground, and this is — applying the well-defined rules evidenced by our' numerous opinions — the sale here involved was one of personal rather than of the real property, and Kentucky Statutes, Section 210, relates “exclusively to sales and conveyances of real estate in the adverse possession of another who claims absolute title thereto.” Holmes v. Clark, 274 Ky. 349 , 118 S. W. (2d) 758, 763 .

1940But, above and beyond the conclusion expressed, the discussions of which will be carried no further, we are of the opinion that the plea was not availing on another ground, and this is — applying the well-defined rules evidenced by our' numerous opinions — the sale here involved was one of personal rather than of the real property, and Kentucky Statutes, Section 210, relates “exclusively to sales and conveyances of real estate in the adverse possession of another who claims absolute title thereto.” Holmes v. Clark, 274 Ky. 349 , 118 S. W. (2d) 758, 763 .

11940–1940

Where else courts name it

TX 241 (1968–2026) CA 230 (1943–2026) OH 112 (1981–2025) PA 86 (1927–2026) WA 74 (1974–2025) IL 72 (1908–2026) NY 53 (1898–2023) FL 49 (1973–2026) NJ 44 (1941–2026) GA 43 (1964–2024) MS 41 (1965–2024) IN 40 (1975–2026) MO 40 (1942–2024) MI 37 (1914–2025) MA 34 (1947–2023) LA 25 (1967–2020) CT 25 (1943–2024) OK 24 (1932–2020) MN 24 (1975–2024) IA 21 (1975–2025) OR 21 (1988–2024) MD 20 (1951–2025) VT 18 (1977–2025) NC 18 (1973–2022) CO 18 (1991–2026) AZ 16 (1970–2024) KS 16 (1904–2024) NM 16 (1929–2024) WI 15 (1963–2025) AL 15 (1968–2025) UT 15 (1988–2026) TN 14 (1984–2021) WV 14 (1959–2026) DC 14 (1976–2023) ND 12 (1955–2021) KY 11 (1940–2026) HI 9 (1962–2023) WY 8 (1986–2019) RI 8 (1980–2010) NE 7 (1981–2026) NH 7 (1970–2023) MT 7 (1899–2025) VA 6 (1950–2010) NV 6 (1939–2021) ME 6 (1985–2025) SD 5 (2007–2020) SC 5 (1984–2002) AK 5 (1980–2015) ID 4 (1987–2023) AR 3 (1987–2018) DE 3 (1962–2025) GU 2 (2021–2022)

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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