parole violation (Kentucky) · Go Syfert
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parole violation in Kentucky

11 Kentucky opinions name it 3 courts 1964–2026 3 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
Bradley v. Commonwealthgreen
ky · 2010 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024See Commonwealth v. Love, 334 S.W.3d 92, 93 (Ky. 2011) (issues of statutory interpretation reviewed de novo); Bradley v. Commonwealth, 327 S.W.3d 512, 516 (Ky. 2010) (application of law to facts reviewed de novo).

11
Commonwealth v. Lovegreen
ky · 2011 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024See Commonwealth v. Love, 334 S.W.3d 92, 93 (Ky. 2011) (issues of statutory interpretation reviewed de novo); Bradley v. Commonwealth, 327 S.W.3d 512, 516 (Ky. 2010) (application of law to facts reviewed de novo).

11
Commonwealth v. Whitmoregreen
ky · 2002 · cited in 1 Kentucky opinions naming this issue, 2006–2006
1 sentence

2006The method used is condemned, but we find no reason that this technical defect should have the effect of vacating the original judgment of conviction.” The court noted that the parolee was returned to prison under the parole officer’s parole violation warrant two days after his arrest; that he was in prison on the underlying robbery charge; and that he received a parole revocation hearing, but he was held for two days without proper authority.). 10 . 92 S.W.3d 76, 79 (Ky.2002).

11
Commonwealth v. Ingramgreen
ky · 2001 · cited in 1 Kentucky opinions naming this issue, 2004–2004
2 sentences

2004In Commonwealth v. Ingram, Ky., 46 S.W.3d 569, 571 (2001), the Kentucky Supreme Court held that “[a] properly functioning video arraignment system is the equivalent of in-court arraignment.” The court also noted that “[tjhe trend among state and federal courts is to allow the properly safeguarded use of video proceedings, provided there is no violation of some specific constitutional right.” 5 Id. at 572 .

2004In Commonwealth v. Ingram, Ky., 46 S.W.3d 569, 571 (2001), the Kentucky Supreme Court held that “[a] properly functioning video arraignment system is the equivalent of in-court arraignment.” The court also noted that “[tjhe trend among state and federal courts is to allow the properly safeguarded use of video proceedings, provided there is no violation of some specific constitutional right.” 5 Id. at 572 .

11
Carchman v. Nashgreen
scotus · 1985 · cited in 1 Kentucky opinions naming this issue, 1990–1990
2 sentences

1990See Carchman v. Nash, 473 U.S. 716 , 105 S.Ct. 3401, 3409 , 87 L.Ed.2d 516 (1985); Moody v. Daggett, 429 U.S. 78 , 97 S.Ct. 274 , 278 n. 7, 50 L.Ed.2d 236 (1976).

1990See Carchman v. Nash, 473 U.S. 716 , 105 S.Ct. 3401, 3409 , 87 L.Ed.2d 516 (1985); Moody v. Daggett, 429 U.S. 78 , 97 S.Ct. 274 , 278 n. 7, 50 L.Ed.2d 236 (1976).

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 (10)

CaseCitedYears
Morrissey v. Brewer green
scotus · 1972
2 sentences

2026During the initial hearing, “the parolee should be given notice that the hearing will take place and that its purpose is to determine whether there is probable cause to believe he has committed a parole violation.” Id. at 486-87 .

1990Once a parolee is arrested on a parole violation warrant, he is entitled to a probable cause hearing concerning the acts he is alleged to have committed. 92 S.Ct. at 2602 .

21990–2026
Davis v. Harris green
kyctapphigh · 1962
2 sentences

1967Thus it is that when he is held pursuant to a warrant issued under KRS 439.430(1) he is in custody “by virtue of his sentence.” It was suggested in Davis v. Harris, Ky., 355 S.W.2d 147 (1962), that KRS 440.330 provides the only procedure under which a prisoner convicted in this state may be released conditionally for trial in another jurisdiction and that, given a liberal construction, the statute is broad enough to encompass a transfer on request of the Attorney General of the United States or his duly authorized representative.

1964It is contended that under our cases of Jones v. Rayborn, Ky., 346 S.W.2d 743 ; Davis v. Harris, Ky., 355 S.W.2d 147 ; and Thomas v. Schumaker, Ky., 360 S.W.2d 215 , Kentucky had waived or forfeited its jurisdiction to reconfine appellant.

21964–1967
Sampson v. United States green
scotus · 2006
1 sentence

2023Id.

12023–2023
Moody v. Daggett green
scotus · 1976
2 sentences

1990See Carchman v. Nash, 473 U.S. 716 , 105 S.Ct. 3401, 3409 , 87 L.Ed.2d 516 (1985); Moody v. Daggett, 429 U.S. 78 , 97 S.Ct. 274 , 278 n. 7, 50 L.Ed.2d 236 (1976).

1990See Carchman v. Nash, 473 U.S. 716 , 105 S.Ct. 3401, 3409 , 87 L.Ed.2d 516 (1985); Moody v. Daggett, 429 U.S. 78 , 97 S.Ct. 274 , 278 n. 7, 50 L.Ed.2d 236 (1976).

11990–1990
Balsley v. Commonwealth green
kyctapphigh · 1967
1 sentence

1971He relies on Balsley v. Commonwealth, Ky., 428 S.W.2d 614 (1967), in which the prisoner was being held by Kentucky as a parole violator and was released to federal officers without statutory authorization.

11971–1971
Wombles v. Commonwealth green
kyctapp · 1958
1 sentence

1969Wombles v. Commonwealth, Ky., 317 S.W.2d 169 .

11969–1969
Baker v. Commonwealth green
kyctapphigh · 1964
1 sentence

1966Our decision in Baker v. Commonwealth, Ky., 378 S.W.2d 616 , is dispositive of this case.

11966–1966
Jones v. Rayborn green
kyctapphigh · 1961
1 sentence

1964It is contended that under our cases of Jones v. Rayborn, Ky., 346 S.W.2d 743 ; Davis v. Harris, Ky., 355 S.W.2d 147 ; and Thomas v. Schumaker, Ky., 360 S.W.2d 215 , Kentucky had waived or forfeited its jurisdiction to reconfine appellant.

11964–1964
Prather v. Commonwealth green
kyctapp · 1963
1 sentence

1964Prather v. Commonwealth, Ky., 368 S.W.2d 175 . *617 Assuming that if he had been in custody of the parole authorities under the parole violation warrant this would have been by virtue of his sentence, at the time of his release he was not in such custody.

11964–1964
Thomas v. Schumaker red
kyctapphigh · 1962
1 sentence

1964It is contended that under our cases of Jones v. Rayborn, Ky., 346 S.W.2d 743 ; Davis v. Harris, Ky., 355 S.W.2d 147 ; and Thomas v. Schumaker, Ky., 360 S.W.2d 215 , Kentucky had waived or forfeited its jurisdiction to reconfine appellant.

11964–1964

Where else courts name it

CA 380 (1964–2026) PA 321 (1953–2026) NY 314 (1963–2025) TX 162 (1981–2026) OH 105 (1977–2026) IL 59 (1974–2025) NJ 54 (1962–2026) OR 50 (1974–2026) MI 49 (1957–2024) WA 33 (1969–2024) CO 32 (1975–2025) FL 30 (1969–2019) CT 30 (1989–2020) UT 28 (1983–2025) ID 26 (1971–2025) MA 26 (1969–2024) WI 26 (1974–2025) MO 26 (1974–2025) NV 24 (1974–2021) KS 24 (1978–2024) NM 23 (1972–2023) AL 22 (1965–2015) IN 22 (1978–2026) MD 22 (1975–2025) LA 20 (1976–2025) IA 19 (1968–2025) TN 19 (1989–2026) MS 18 (1990–2018) AZ 17 (1973–2021) AK 17 (1974–2026) SC 15 (1950–2023) GA 12 (1975–2026) WY 12 (1975–2018) KY 11 (1964–2026) MT 10 (1961–2021) AR 9 (1999–2022) DC 9 (1981–2025) WV 8 (1986–2021) HI 8 (1994–2008) OK 7 (1915–1999) VA 7 (1968–2015) VT 7 (1985–2025) NH 6 (2009–2021) NE 6 (1992–2023) SD 5 (1979–2024) ME 4 (1975–2010) MN 4 (1982–2007) DE 4 (1984–2022) RI 4 (1978–2018) NC 3 (2009–2017) ND 3 (1951–2025)

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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