10 Kentucky opinions name it 3 courts 1938–2024 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.
| Case | Followed | Cited |
|---|---|---|
Woolfolk v. Commonwealthgreen2 sentences2024The obvious inference is that, lacking substantial evidence of incompetency, constitutional grounds are not implicated, though statutory grounds may be. 312 S.W.3d at 347 . 6 Thus, while the failure to conduct a competency hearing implicates constitutional protections only when “substantial evidence” of incompetence exists, mere “reasonable grounds” to believe the defendant is incompetent implicates the statutory right to an examination and hearing. 339 S.W.3d at 422 . -15- Only once the trial court has a report meeting the requirements of the statute, i.e., providing an expert opinion as to c 2021Woolfolk v. Commonwealth, 339 S.W.3d 411, 422 (Ky. 2011) (internal citations omitted). | 1 | 2 |
Commonwealth v. B.H.green1 sentence2020RCr 9.22. 52 See, Henderson v. Commonwealth, 563 S.W.3d 651, 663-64 (Ky. 2018). 53 Commonwealth v. B.H., 548 S.W.3d 238, 247-48 (Ky. 2018). 21 incompetent implicates the statutory right to an examination and hearing.54 Thus, a trial court errs by failing to hold a competency hearing when either: (1) substantial evidence that a defendant is not competent exists;55 or (2) when reasonable grounds to believe the defendant is incompetent to stand trial56 exist. | 1 | 1 |
Henderson v. Commonwealthgreen1 sentence2020RCr 9.22. 52 See, Henderson v. Commonwealth, 563 S.W.3d 651, 663-64 (Ky. 2018). 53 Commonwealth v. B.H., 548 S.W.3d 238, 247-48 (Ky. 2018). 21 incompetent implicates the statutory right to an examination and hearing.54 Thus, a trial court errs by failing to hold a competency hearing when either: (1) substantial evidence that a defendant is not competent exists;55 or (2) when reasonable grounds to believe the defendant is incompetent to stand trial56 exist. | 1 | 1 |
Turner v. Commonwealthgreen1 sentence2011Id. *423 The standard of appellate review of a trial court's competency decision is "[w]hether a reasonable judge, situated as was the trial court judge whose failure to conduct an evidentiary hearing is being reviewed, should have experienced doubt with respect to competency to stand trial." Turner v. Commonwealth, 153 S.W.3d 823, 832 (Ky.2005) (quoting Thompson v. Commonwealth, 56 S.W.3d 406, 408 (Ky.2001)). | 1 | 1 |
Thompson v. Commonwealthgreen1 sentence2011Id. *423 The standard of appellate review of a trial court's competency decision is "[w]hether a reasonable judge, situated as was the trial court judge whose failure to conduct an evidentiary hearing is being reviewed, should have experienced doubt with respect to competency to stand trial." Turner v. Commonwealth, 153 S.W.3d 823, 832 (Ky.2005) (quoting Thompson v. Commonwealth, 56 S.W.3d 406, 408 (Ky.2001)). | 1 | 1 |
California v. Browngreen2 sentences1996See California v. Brown, 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 (1987). 1996See California v. Brown, 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 (1987). | 1 | 1 |
Whitehead v. Stithgreen2 sentences1970Cf. KRS 421.200; Whitehead v. Stith, 268 Ky. 703 , 105 S.W.2d 834, 837 (1937). 1970Cf. KRS 421.200; Whitehead v. Stith, 268 Ky. 703 , 105 S.W.2d 834, 837 (1937). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Padgett v. Commonwealth
green
2 sentences2024The obvious inference is that, lacking substantial evidence of incompetency, constitutional grounds are not implicated, though statutory grounds may be. 312 S.W.3d at 347 . 6 Thus, while the failure to conduct a competency hearing implicates constitutional protections only when “substantial evidence” of incompetence exists, mere “reasonable grounds” to believe the defendant is incompetent implicates the statutory right to an examination and hearing. 339 S.W.3d at 422 . -15- Only once the trial court has a report meeting the requirements of the statute, i.e., providing an expert opinion as to c 2011Id. *423 The standard of appellate review of a trial court's competency decision is "[w]hether a reasonable judge, situated as was the trial court judge whose failure to conduct an evidentiary hearing is being reviewed, should have experienced doubt with respect to competency to stand trial." Turner v. Commonwealth, 153 S.W.3d 823, 832 (Ky.2005) (quoting Thompson v. Commonwealth, 56 S.W.3d 406, 408 (Ky.2001)). | 2 | 2011–2024 |
Perdue v. Commonwealth
green
1 sentence2008“While such an instruction is permissible, an examination of these factors should be made by the trial court reviewing a death *418 sentence.” Perdue, 916 S.W.2d at 169 . | 1 | 2008–2008 |
Patton v. United States
red
2 sentences1975Cf. Patton v. United States, 281 U.S. 276 , 50 S.Ct. 253 , 74 L.Ed. 854 (1930); Adams v. United States, 317 U.S. 269 , 63 S.Ct. 236 , 87 L.Ed. 1735 (1942). 1975Cf. Patton v. United States, 281 U.S. 276 , 50 S.Ct. 253 , 74 L.Ed. 854 (1930); Adams v. United States, 317 U.S. 269 , 63 S.Ct. 236 , 87 L.Ed. 1735 (1942). | 1 | 1975–1975 |
Adams v. United States Ex Rel. McCann
green
2 sentences1975Cf. Patton v. United States, 281 U.S. 276 , 50 S.Ct. 253 , 74 L.Ed. 854 (1930); Adams v. United States, 317 U.S. 269 , 63 S.Ct. 236 , 87 L.Ed. 1735 (1942). 1975Cf. Patton v. United States, 281 U.S. 276 , 50 S.Ct. 253 , 74 L.Ed. 854 (1930); Adams v. United States, 317 U.S. 269 , 63 S.Ct. 236 , 87 L.Ed. 1735 (1942). | 1 | 1975–1975 |
Callis, Mayor v. Brown
green
2 sentences1942In Callis, Mayor, v. Brown, 283 Ky. 759 , 142 S. W. (2d) 675, 679 , it was pointed out that the restriction contained in the statute as- to the age limit must be observed as well as the examination requirement in order to render an appointee to the police force immune from discharge at the will of the city council. 1942In Callis, Mayor, v. Brown, 283 Ky. 759 , 142 S. W. (2d) 675, 679 , it was pointed out that the restriction contained in the statute as- to the age limit must be observed as well as the examination requirement in order to render an appointee to the police force immune from discharge at the will of the city council. | 1 | 1942–1942 |
Chenault's Guardian v. Metropolitan Life Ins.
green
2 sentences1938Appellant also relies upon certain other authorities, viz, Pennebaker Home for Girls v. Board of Directors, *541 250 Ky. 44 , 61 S. W. (2d) 883 ; Continental National Bank v. McCampbell, 184 Ky. 658 , 213 S. W. 193 ; Chenault’s Guardian v. Metropolitan Life Insurance Company, 245 Ky. 482, 485 , 53 S. W. (2d) 720 , and perhaps other cases of like-and similar nature. 1938Appellant also relies upon certain other authorities, viz, Pennebaker Home for Girls v. Board of Directors, *541 250 Ky. 44 , 61 S. W. (2d) 883 ; Continental National Bank v. McCampbell, 184 Ky. 658 , 213 S. W. 193 ; Chenault’s Guardian v. Metropolitan Life Insurance Company, 245 Ky. 482, 485 , 53 S. W. (2d) 720 , and perhaps other cases of like-and similar nature. | 1 | 1938–1938 |
Pennebaker Home for Girls v. Bd. Directors, Etc.
neutral
2 sentences1938Appellant also relies upon certain other authorities, viz, Pennebaker Home for Girls v. Board of Directors, *541 250 Ky. 44 , 61 S. W. (2d) 883 ; Continental National Bank v. McCampbell, 184 Ky. 658 , 213 S. W. 193 ; Chenault’s Guardian v. Metropolitan Life Insurance Company, 245 Ky. 482, 485 , 53 S. W. (2d) 720 , and perhaps other cases of like-and similar nature. 1938Appellant also relies upon certain other authorities, viz, Pennebaker Home for Girls v. Board of Directors, *541 250 Ky. 44 , 61 S. W. (2d) 883 ; Continental National Bank v. McCampbell, 184 Ky. 658 , 213 S. W. 193 ; Chenault’s Guardian v. Metropolitan Life Insurance Company, 245 Ky. 482, 485 , 53 S. W. (2d) 720 , and perhaps other cases of like-and similar nature. | 1 | 1938–1938 |
Continental National Bank v. McCampbell
green
2 sentences1938Appellant also relies upon certain other authorities, viz, Pennebaker Home for Girls v. Board of Directors, *541 250 Ky. 44 , 61 S. W. (2d) 883 ; Continental National Bank v. McCampbell, 184 Ky. 658 , 213 S. W. 193 ; Chenault’s Guardian v. Metropolitan Life Insurance Company, 245 Ky. 482, 485 , 53 S. W. (2d) 720 , and perhaps other cases of like-and similar nature. 1938Appellant also relies upon certain other authorities, viz, Pennebaker Home for Girls v. Board of Directors, *541 250 Ky. 44 , 61 S. W. (2d) 883 ; Continental National Bank v. McCampbell, 184 Ky. 658 , 213 S. W. 193 ; Chenault’s Guardian v. Metropolitan Life Insurance Company, 245 Ky. 482, 485 , 53 S. W. (2d) 720 , and perhaps other cases of like-and similar nature. | 1 | 1938–1938 |
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.
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.