Boykin hearing in Kentucky

10 Kentucky opinions name it 2 courts 1980–2024 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 (7)

Case	Followed	Cited
Boykin v. Alabamagreen scotus · 1969 · cited in 7 Kentucky opinions naming this issue, 1980–2023 2 sentences 2006Specifically, the trial court quoted Appellant's sworn testimony from the transcript of his Boykin hearing, Boykin v. Alabama, 395 U.S. 238, 240-41 , 89 S.Ct. 1709, 1711 , 23 L.Ed.2d 274 (1969), that he had, indeed, ingested Melleril that morning but that his mind was clear. 2006Specifically, the trial court quoted Appellant's sworn testimony from the transcript of his Boykin hearing, Boykin v. Alabama, 395 U.S. 238, 240-41 , 89 S.Ct. 1709, 1711 , 23 L.Ed.2d 274 (1969), that he had, indeed, ingested Melleril that morning but that his mind was clear.	1	7
Skinner v. Commonwealthgreen ky · 1993 · cited in 1 Kentucky opinions naming this issue, 2024–2024 2 sentences 2024Skinner v. Commonwealth, 864 S.W.2d 290, 294 (Ky. 1993). 2024Skinner v. Commonwealth, 864 S.W.2d 290, 294 (Ky. 1993).	1	1
Howard v. Commonwealthgreen ky · 1989 · cited in 1 Kentucky opinions naming this issue, 2010–2010 1 sentence 2010Howard v. Commonwealth, 777 S.W.2d 888, 889 (Ky.1989) (failure to attack validity of prior conviction when charged as second-degree PFO bars future challenge when charged as first-degree PFO). 10 The “waiver logic” discussed in Hoiuard was endorsed in Graham v. Commonwealth, 952 S.W.2d 206 (Ky.1997) and again in Commonwealth v. Hodges, 984 S.W.2d 100, 102 (Ky.1998) (defendant who had previously entered guilty plea to DUI, fourth offense, without challenging the three prior DUI convictions on which it was based, and was currently charged as a second-degree PFO, waived any alleged Boykin violati	1	1
Commonwealth v. Hodgesgreen ky · 1998 · cited in 1 Kentucky opinions naming this issue, 2010–2010 1 sentence 2010Howard v. Commonwealth, 777 S.W.2d 888, 889 (Ky.1989) (failure to attack validity of prior conviction when charged as second-degree PFO bars future challenge when charged as first-degree PFO). 10 The “waiver logic” discussed in Hoiuard was endorsed in Graham v. Commonwealth, 952 S.W.2d 206 (Ky.1997) and again in Commonwealth v. Hodges, 984 S.W.2d 100, 102 (Ky.1998) (defendant who had previously entered guilty plea to DUI, fourth offense, without challenging the three prior DUI convictions on which it was based, and was currently charged as a second-degree PFO, waived any alleged Boykin violati	1	1
Commonwealth v. Stampsgreen ky · 1984 · cited in 1 Kentucky opinions naming this issue, 2006–2006 2 sentences 2006Fraser, 59 S.W.3d at 452-53 ; cf. Stamps, 672 S.W.2d at 339 (any error assignable under Ivey was harmless because transcript of Boykin hearing clearly refuted allegations contained in RCr 11.42 motion). 2006Fraser, 59 S.W.3d at 452-53 ; cf. Stamps, 672 S.W.2d at 339 (any error assignable under Ivey was harmless because transcript of Boykin hearing clearly refuted allegations contained in RCr 11.42 motion).	1	1
David Wayne Baker v. United Statesgreen ca6 · 1986 · cited in 1 Kentucky opinions naming this issue, 2001–2001 2 sentences 2001Proof of even a secret agreement has been held foreclosed on the basis of statements made during a Boykin hearing "absent extraordinary circumstances, or some explanation of why defendant did not reveal other terms." Baker v. United States, 781 F.2d 85, 90 (6th Cir.1986) (emphasis added), cert. denied, 479 U.S. 1017 , 107 S.Ct. 667 , 93 L.Ed.2d 719 (1986). 2001Proof of even a secret agreement has been held foreclosed on the basis of statements made during a Boykin hearing "absent extraordinary circumstances, or some explanation of why defendant did not reveal other terms." Baker v. United States, 781 F.2d 85, 90 (6th Cir.1986) (emphasis added), cert. denied, 479 U.S. 1017 , 107 S.Ct. 667 , 93 L.Ed.2d 719 (1986).	1	1
Blackledge v. Allisongreen scotus · 1977 · cited in 1 Kentucky opinions naming this issue, 2001–2001 2 sentences 2001Nevertheless, while the representations of a defendant, his attorney, and the prosecutor at a Boykin hearing, as well as any findings by the judge accepting the plea, "constitute a formidable barrier in any subsequent collateral proceedings," Blackledge v. Allison, supra, 431 U.S. at 74 , 97 S.Ct. at 1629 , that barrier is not insurmountable if there is proof that the representations "were so much the product of such factors as misunderstanding, duress, or misrepresentation by others as to make the guilty plea a constitutionally inadequate basis for imprisonment." Id. at 74-75 , 97 S.Ct. at 16 2001Nevertheless, while the representations of a defendant, his attorney, and the prosecutor at a Boykin hearing, as well as any findings by the judge accepting the plea, "constitute a formidable barrier in any subsequent collateral proceedings," Blackledge v. Allison, supra, 431 U.S. at 74 , 97 S.Ct. at 1629 , that barrier is not insurmountable if there is proof that the representations "were so much the product of such factors as misunderstanding, duress, or misrepresentation by others as to make the guilty plea a constitutionally inadequate basis for imprisonment." Id. at 74-75 , 97 S.Ct. at 16	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Graham v. Commonwealth neutral ky · 1997 2 sentences 2010Howard v. Commonwealth, 777 S.W.2d 888, 889 (Ky.1989) (failure to attack validity of prior conviction when charged as second-degree PFO bars future challenge when charged as first-degree PFO). 10 The “waiver logic” discussed in Hoiuard was endorsed in Graham v. Commonwealth, 952 S.W.2d 206 (Ky.1997) and again in Commonwealth v. Hodges, 984 S.W.2d 100, 102 (Ky.1998) (defendant who had previously entered guilty plea to DUI, fourth offense, without challenging the three prior DUI convictions on which it was based, and was currently charged as a second-degree PFO, waived any alleged Boykin violati 1998Still, writing shortly before this Court’s decision in Graham v. Commonwealth, Ky., 952 S.W.2d 206 (1997), the appellate panel reversed based upon the evidence that Hodges was not represented by counsel, at the time of the second and third guilty pleas at issue.	2	1998–2010
Fraser v. Commonwealth green ky · 2001 2 sentences 2006Fraser, 59 S.W.3d at 452-53 ; cf. Stamps, 672 S.W.2d at 339 (any error assignable under Ivey was harmless because transcript of Boykin hearing clearly refuted allegations contained in RCr 11.42 motion). 2006Fraser, 59 S.W.3d at 452-53 ; cf. Stamps, 672 S.W.2d at 339 (any error assignable under Ivey was harmless because transcript of Boykin hearing clearly refuted allegations contained in RCr 11.42 motion).	1	2006–2006
Gill v. United States green scotus · 1986 2 sentences 2001Proof of even a secret agreement has been held foreclosed on the basis of statements made during a Boykin hearing "absent extraordinary circumstances, or some explanation of why defendant did not reveal other terms." Baker v. United States, 781 F.2d 85, 90 (6th Cir.1986) (emphasis added), cert. denied, 479 U.S. 1017 , 107 S.Ct. 667 , 93 L.Ed.2d 719 (1986). 2001Proof of even a secret agreement has been held foreclosed on the basis of statements made during a Boykin hearing "absent extraordinary circumstances, or some explanation of why defendant did not reveal other terms." Baker v. United States, 781 F.2d 85, 90 (6th Cir.1986) (emphasis added), cert. denied, 479 U.S. 1017 , 107 S.Ct. 667 , 93 L.Ed.2d 719 (1986).	1	2001–2001
Smith v. Lockhart green scotus · 1986 2 sentences 2001Proof of even a secret agreement has been held foreclosed on the basis of statements made during a Boykin hearing "absent extraordinary circumstances, or some explanation of why defendant did not reveal other terms." Baker v. United States, 781 F.2d 85, 90 (6th Cir.1986) (emphasis added), cert. denied, 479 U.S. 1017 , 107 S.Ct. 667 , 93 L.Ed.2d 719 (1986). 2001Proof of even a secret agreement has been held foreclosed on the basis of statements made during a Boykin hearing "absent extraordinary circumstances, or some explanation of why defendant did not reveal other terms." Baker v. United States, 781 F.2d 85, 90 (6th Cir.1986) (emphasis added), cert. denied, 479 U.S. 1017 , 107 S.Ct. 667 , 93 L.Ed.2d 719 (1986).	1	2001–2001
Acker v. United States green scotus · 1986 2 sentences 2001Proof of even a secret agreement has been held foreclosed on the basis of statements made during a Boykin hearing "absent extraordinary circumstances, or some explanation of why defendant did not reveal other terms." Baker v. United States, 781 F.2d 85, 90 (6th Cir.1986) (emphasis added), cert. denied, 479 U.S. 1017 , 107 S.Ct. 667 , 93 L.Ed.2d 719 (1986). 2001Proof of even a secret agreement has been held foreclosed on the basis of statements made during a Boykin hearing "absent extraordinary circumstances, or some explanation of why defendant did not reveal other terms." Baker v. United States, 781 F.2d 85, 90 (6th Cir.1986) (emphasis added), cert. denied, 479 U.S. 1017 , 107 S.Ct. 667 , 93 L.Ed.2d 719 (1986).	1	2001–2001

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 532.080 (4)

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

LA 69 (1972–2023) TX 27 (1996–2025) AZ 17 (1971–2009) NE 11 (1981–2000) IN 10 (1975–2015) KY 10 (1980–2024) SD 8 (1988–2015) NY 8 (1983–2023) TN 7 (1993–2015) CA 6 (1972–1981) CT 5 (1971–2016) GA 5 (1999–2014) IL 3 (1971–1993) MI 3 (1972–1994) VA 3 (1993–2014) FL 3 (1970–2008) MA 3 (1975–1998) MS 3 (1970–1996) ND 3 (1982–2026) OR 3 (1972–2005) AL 3 (1994–1994) NC 3 (1971–1999) MO 3 (1975–1999) OH 2 (2012–2013) PA 2 (1996–1998) NH 2 (1995–1995) VT 2 (2000–2014) WA 2 (1978–1981)

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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