marital privilege (Kentucky) · Go Syfert
← Kentucky issues

marital privilege in Kentucky

11 Kentucky opinions name it 2 courts 1988–2022 1 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 (5)

CaseFollowedCited
Barber v. Bradleygreen
ky · 2016 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022Barber v. Bradley, 505 S.W.3d 749, 755 (Ky. 2016).

11
Mullins v. Commonwealthgreen
ky · 1997 · cited in 1 Kentucky opinions naming this issue, 2016–2016
1 sentence

2016Mullins v. Commonwealth, 956 S.W.2d 210, 211 (Ky. 1997).

11
Sanders v. Commonwealthgreen
ky · 2002 · cited in 1 Kentucky opinions naming this issue, 2006–2006
2 sentences

2006For example, we have noted that “[t]he party invoking the marital privilege has the burden of proving its applicability .... ” Sanders v. Commonwealth, 89 S.W.3d 380, 391 (Ky.2002).

2006For example, we have noted that "[t]he party invoking the marital privilege has the burden of proving its applicability. . . ." Sanders v. Commonwealth, 89 S.W.3d 380, 391 (Ky.2002).

11
Grant v. Grantgreen
me · 1981 · cited in 1 Kentucky opinions naming this issue, 2003–2003
1 sentence

2003See, e.g., Grant v. Grant, 424 A.2d 139 (Me.l981)(discussing two of the options).

11
Magic Coal Co. v. Foxgreen
ky · 2000 · cited in 1 Kentucky opinions naming this issue, 2001–2001
2 sentences

2001Commentary to KRE 301, Evidence Rules Study Committee, Final Draft (1989); cf. Magic Coal Co. v. Fox, Ky., 19 S.W.3d 88, 95-96 (2000).

2001Commentary to KRE 301, Evidence Rules Study Committee, Final Draft (1989); cf. Magic Coal Co. v. Fox, Ky., 19 S.W.3d 88, 95-96 (2000).

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 (5)

CaseCitedYears
Jwp v. Ww green
njsuperctappdiv · 1990
2 sentences

2005In J.W.P. v. W.W, 255 N.J.Super. 185 , 604 A.2d.695 (1990), a biological father asserted the marital presumption and the doctrine of equitable estoppel in an attempt to avoid his obligation to support a child he had fathered in an extramarital affair.

2005In J.W.P. v. W.W, 255 N.J.Super. 185 , 604 A.2d.695 (1990), a biological father asserted the marital presumption and the doctrine of equitable estoppel in an attempt to avoid his obligation to support a child he had fathered in an extramarital affair.

22005–2005
Crawford v. Washington green
scotus · 2004
2 sentences

2005Id. at ___, 124 S.Ct. at 1357 .

2005Id. at ___, 124 S.Ct. at 1357 .

12005–2005
Estes v. Commonwealth green
ky · 1988
1 sentence

1997Estes, supra, is a review of the marital privilege exception in general under the former statute.

11997–1997
Wells v. Commonwealth green
ky · 1978
2 sentences

1993In Wells , as in Richmond , the Court narrowly applied the marital privilege, characterizing it as “one of the most ill-founded precepts to be found in the common law....” Wells, 562 S.W.2d at 624 .

1993The Court cautioned that “[w]hen it is encountered it is better to be trimmed than enlarged.” Id.

11993–1993
Gill v. Commonwealth green
kyctapphigh · 1964
2 sentences

1988Further, as to confidentiality, in Gill v. Commonwealth, Ky., 374 S.W.2d 848 (1964), we held that any action, occurrence, or verbal exchange between spouses that *429 could have been seen or heard by a third person is not protected by the marital privilege.

1988Further, as to confidentiality, in Gill v. Commonwealth, Ky., 374 S.W.2d 848 (1964), we held that any action, occurrence, or verbal exchange between spouses that could have been seen or heard by a third person is not protected by the marital privilege.

11988–1988

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 421.210 (4) KY § Ky. Rev. Stat. § 403.190 (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

CA 163 (1956–2026) NY 131 (1975–2025) NJ 71 (1967–2026) IL 57 (1979–2024) FL 45 (1976–2018) OH 40 (1985–2023) AL 38 (1978–2026) MN 34 (1961–2025) UT 34 (1995–2025) TN 27 (1978–2015) GA 24 (1983–2024) WA 23 (1953–2018) MO 23 (1979–2024) CO 22 (1981–2026) NC 20 (1995–2025) IN 20 (1975–2026) PA 20 (1935–2025) AZ 19 (1974–2018) WI 18 (1967–2024) TX 17 (1972–2022) MI 15 (1965–2023) MA 15 (1980–2025) DC 15 (1976–2015) CT 12 (1995–2023) KY 11 (1988–2022) MD 11 (1996–2021) VT 11 (1988–2026) VA 10 (1996–2016) KS 10 (1977–2023) OR 9 (1972–2023) IA 8 (1978–2025) ME 7 (1971–2022) LA 7 (2014–2024) WY 7 (1978–2008) OK 6 (1999–2006) NV 6 (1980–2020) NH 6 (1989–2006) MS 6 (2000–2025) AK 5 (1980–2018) ID 5 (1925–2009) RI 5 (1998–2017) NM 5 (2003–2022) SC 4 (2005–2018) HI 4 (2003–2026) ND 4 (1993–1997) WV 3 (1987–2018) SD 3 (1986–2003) VI 3 (1997–2025) MT 2 (1981–2021) DE 2 (1994–2018)

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.

← Caselaw search · G Cite Topics · Brief Check