11 Kentucky opinions name it 3 courts 1929–2021 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.
| Case | Followed | Cited |
|---|---|---|
Skeans v. Commonwealthgreen2 sentences2005Since the uniform citation is specified as the charging document for traffic offenses, RCr 6.02(2); Skeans v. Commonwealth, 912 S.W.2d 455, 456 (Ky.App.1995) ("Uniform citations, like indictments in felony cases, are charging documents in the prosecution of DUI offenses and are not solely 'investigative reports by police.’ ”), and Appellee was charged with a traffic offense, i.e., No Motor Vehicle Insurance, the uniform citation was properly filed in the court record for that purpose because of its status as a pleading. 2005Since the uniform citation is specified as the charging document for traffic offenses, RCr 6.02(2); Skeans v. Commonwealth, 912 S.W.2d 455, 456 (Ky.App.1995) ("Uniform citations, like indictments in felony cases, are charging documents in the prosecution of DUI offenses and are not solely `investigative reports by police.'"), and Appellee was charged with a traffic offense, i.e., No Motor Vehicle Insurance, the uniform citation was properly filed in the court record for that purpose because of its status as a pleading. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lawson v. Commonwealth
green
1 sentence2021Id. | 1 | 2021–2021 |
Birchfield v. N. Dakota. William Robert Bernard
green
2 sentences2021Id. at 2170-71 . 2021The Birchfield Court also noted that “test refusal in Minnesota [could] result in criminal penalties ranging from no more than 90 days’ imprisonment and up to a $1,000 fine for a misdemeanor violation to seven years’ imprisonment and a $14,000 fine for repeat offenders.” Id. at 2171 . 16 Amendment. | 1 | 2021–2021 |
Spaziano v. Florida
red
2 sentences2008Much attention has been given to the U.S. Supreme Court case of Spaziano v. Florida, 468 U.S. 447 , 104 S.Ct. 3154 , 82 L.Ed.2d 340 (1984). 2008Much attention has been given to the U.S. Supreme Court case of Spaziano v. Florida, 468 U.S. 447 , 104 S.Ct. 3154 , 82 L.Ed.2d 340 (1984). | 1 | 2008–2008 |
Pace v. Commonwealth
green
2 sentences1991Pace v. Commonwealth, Ky., 561 S.W.2d 664 (1978). 1991Pace v. Commonwealth, Ky., 561 S.W.2d 664 (1978). | 1 | 1991–1991 |
Edwards v. Commonwealth
green
2 sentences1958Likewise, it was stated in Edwards v. Commonwealth, 289 Ky. 318 , 158 S.W.2d 377 , that although it was better practice to define the term “sudden affray” in the misdemeanor instruction, failure so to do has definitely been held not to be prejudicial error. 1958Likewise, it was stated in Edwards v. Commonwealth, 289 Ky. 318 , 158 S.W.2d 377 , that although it was better practice to define the term “sudden affray” in the misdemeanor instruction, failure so to do has definitely been held not to be prejudicial error. | 1 | 1958–1958 |
Combs v. Commonwealth
green
2 sentences1955This court has held in Keys v. Com., 260 Ky. 465 , 86 S.W.2d 121 , and Combs v. Com., 298 Ky. 481 , 183 S.W.2d 486 , “Intent to kill held not essential element of the crime of malicious shooting at another without wounding.” Since appellant admitted he was shooting at the boy not to kill him but only to bluff him, it is patent he was not entitled to a misdemeanor instruction under KRS 435.200 on the reckless use of a deadly weapon, even though this misdemeanor is a lesser offense in- eluded in the felony denounced in KRS 435.170. 1955This court has held in Keys v. Com., 260 Ky. 465 , 86 S.W.2d 121 , and Combs v. Com., 298 Ky. 481 , 183 S.W.2d 486 , “Intent to kill held not essential element of the crime of malicious shooting at another without wounding.” Since appellant admitted he was shooting at the boy not to kill him but only to bluff him, it is patent he was not entitled to a misdemeanor instruction under KRS 435.200 on the reckless use of a deadly weapon, even though this misdemeanor is a lesser offense in- eluded in the felony denounced in KRS 435.170. | 1 | 1955–1955 |
Keys v. Commonwealth
neutral
2 sentences1955This court has held in Keys v. Com., 260 Ky. 465 , 86 S.W.2d 121 , and Combs v. Com., 298 Ky. 481 , 183 S.W.2d 486 , “Intent to kill held not essential element of the crime of malicious shooting at another without wounding.” Since appellant admitted he was shooting at the boy not to kill him but only to bluff him, it is patent he was not entitled to a misdemeanor instruction under KRS 435.200 on the reckless use of a deadly weapon, even though this misdemeanor is a lesser offense in- eluded in the felony denounced in KRS 435.170. 1955This court has held in Keys v. Com., 260 Ky. 465 , 86 S.W.2d 121 , and Combs v. Com., 298 Ky. 481 , 183 S.W.2d 486 , “Intent to kill held not essential element of the crime of malicious shooting at another without wounding.” Since appellant admitted he was shooting at the boy not to kill him but only to bluff him, it is patent he was not entitled to a misdemeanor instruction under KRS 435.200 on the reckless use of a deadly weapon, even though this misdemeanor is a lesser offense in- eluded in the felony denounced in KRS 435.170. | 1 | 1955–1955 |
McClain v. Commonwealth
neutral
2 sentences1941Stanley’s Instructions to Juries, page 1060, Section 801; McClain v. Com., 284 Ky. 359 , 144 S. W. (2d) 816 ; Voils v. Com., 229 Ky. 305 , 17 S. W. (2d) 238 ; Calico v. Com., 145 Ky. 641 , 140 S. W. 1036 . men the instructions are read as a whole it is apparent the omission of the words “or apparently necessary” from the misdemeanor instruction was supplied both in the felony and in the self-defense instructions, therefore defendant’s substantial rights were not prejudiced. 1941Stanley’s Instructions to Juries, page 1060, Section 801; McClain v. Com., 284 Ky. 359 , 144 S. W. (2d) 816 ; Voils v. Com., 229 Ky. 305 , 17 S. W. (2d) 238 ; Calico v. Com., 145 Ky. 641 , 140 S. W. 1036 . men the instructions are read as a whole it is apparent the omission of the words “or apparently necessary” from the misdemeanor instruction was supplied both in the felony and in the self-defense instructions, therefore defendant’s substantial rights were not prejudiced. | 1 | 1941–1941 |
Voils v. Commonwealth
green
2 sentences1941Stanley’s Instructions to Juries, page 1060, Section 801; McClain v. Com., 284 Ky. 359 , 144 S. W. (2d) 816 ; Voils v. Com., 229 Ky. 305 , 17 S. W. (2d) 238 ; Calico v. Com., 145 Ky. 641 , 140 S. W. 1036 . men the instructions are read as a whole it is apparent the omission of the words “or apparently necessary” from the misdemeanor instruction was supplied both in the felony and in the self-defense instructions, therefore defendant’s substantial rights were not prejudiced. 1941Stanley’s Instructions to Juries, page 1060, Section 801; McClain v. Com., 284 Ky. 359 , 144 S. W. (2d) 816 ; Voils v. Com., 229 Ky. 305 , 17 S. W. (2d) 238 ; Calico v. Com., 145 Ky. 641 , 140 S. W. 1036 . men the instructions are read as a whole it is apparent the omission of the words “or apparently necessary” from the misdemeanor instruction was supplied both in the felony and in the self-defense instructions, therefore defendant’s substantial rights were not prejudiced. | 1 | 1941–1941 |
Pack v. Commonwealth
green
2 sentences1941Pack v. Commonwealth, 282 Ky. 835 , 140 S. W. (2d) 626 , is relied on as sustaining this contention but the court there, while saying that the term should be defined, did not hold that failure to do so was reversible error. 1941Pack v. Commonwealth, 282 Ky. 835 , 140 S. W. (2d) 626 , is relied on as sustaining this contention but the court there, while saying that the term should be defined, did not hold that failure to do so was reversible error. | 1 | 1941–1941 |
Calico v. Commonwealth
neutral
2 sentences1941Stanley’s Instructions to Juries, page 1060, Section 801; McClain v. Com., 284 Ky. 359 , 144 S. W. (2d) 816 ; Voils v. Com., 229 Ky. 305 , 17 S. W. (2d) 238 ; Calico v. Com., 145 Ky. 641 , 140 S. W. 1036 . men the instructions are read as a whole it is apparent the omission of the words “or apparently necessary” from the misdemeanor instruction was supplied both in the felony and in the self-defense instructions, therefore defendant’s substantial rights were not prejudiced. 1941Stanley’s Instructions to Juries, page 1060, Section 801; McClain v. Com., 284 Ky. 359 , 144 S. W. (2d) 816 ; Voils v. Com., 229 Ky. 305 , 17 S. W. (2d) 238 ; Calico v. Com., 145 Ky. 641 , 140 S. W. 1036 . men the instructions are read as a whole it is apparent the omission of the words “or apparently necessary” from the misdemeanor instruction was supplied both in the felony and in the self-defense instructions, therefore defendant’s substantial rights were not prejudiced. | 1 | 1941–1941 |
Ballard v. Commonwealth
neutral
2 sentences1940Ballard v. Com., 263 Ky. 335 , 92 S. W. (2d) 355 ; Divine v. Com., 236 Ky. 579 , 33 S. W. (2d) 627 . 1940Ballard v. Com., 263 Ky. 335 , 92 S. W. (2d) 355 ; Divine v. Com., 236 Ky. 579 , 33 S. W. (2d) 627 . | 1 | 1940–1940 |
Divine v. Commonwealth
neutral
2 sentences1940Ballard v. Com., 263 Ky. 335 , 92 S. W. (2d) 355 ; Divine v. Com., 236 Ky. 579 , 33 S. W. (2d) 627 . 1940Ballard v. Com., 263 Ky. 335 , 92 S. W. (2d) 355 ; Divine v. Com., 236 Ky. 579 , 33 S. W. (2d) 627 . | 1 | 1940–1940 |
Chenault v. Commonwealth
neutral
2 sentences1929Chenault v. Com., 90 Ky. 160 , 13 S. W. 442 . 1929Chenault v. Com., 90 Ky. 160 , 13 S. W. 442 . | 1 | 1929–1929 |
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.