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10 Kentucky opinions name it 3 courts 1882–2020 0 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 |
|---|---|---|
United States v. Jonesgreen2 sentences2016The United States Supreme Court recognizes that "a person can have a legally sufficient interest in a place other than his own home so that the Fourth 2 We recognize that while, "property rights are not the sole measure of Fourth Amendment violations, [one's reasonable expectation of privacy] . . . [does] not snuff out the previously recognized protection for property." United States v. Jones, 132 S. Ct. 945, 951 (2012) (internal brackets, citations, and quotation marks omitted). 9 Amendment protects him from unreasonable governmental intrusion into that place." Rakas, 439 U.S. at 142. 2016The United States Supreme Court recognizes that "a person can have a legally sufficient interest in a place other than his own home so that the Fourth 2 We recognize that while, "property rights are not the sole measure of Fourth Amendment violations, [one's reasonable expectation of privacy] . . . [does] not snuff out the previously recognized protection for property." United States v. Jones, 132 S. Ct. 945, 951 (2012) (internal brackets, citations, and quotation marks omitted). 9 Amendment protects him from unreasonable governmental intrusion into that place." Rakas, 439 U.S. at 142. | 2 | 2 |
Minnesota v. Cartergreen2 sentences2016We have held that capacity to claim the protection of the Fourth Amendment depends . . . upon whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place." 2 Carter, 525 U.S. at 88 (internal citations and quotation marks omitted.) The first part of the analysis requires the trial court to determine whether Schmuck had a_reasonable expectation of privacy in the invaded place. 2016We have held that capacity to claim the protection of the Fourth Amendment depends . . . upon whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place." 2 Carter, 525 U.S. at 88 (internal citations and quotation marks omitted.) The first part of the analysis requires the trial court to determine whether Schmuck had a,reasonable expectation of privacy in the invaded place. | 2 | 2 |
Ragland v. Commonwealthgreen1 sentence2020In the context of the Commonwealth’s comments on a defendant’s failure to testify, we have previously held, “[A] comment violates a defendant’s constitutional privilege against compulsory self-incrimination only when it was manifestly intended to be, or was of such character that the jury would necessarily take it to be, a comment upon the defendant’s failure to testify...or invited the jury to draw an adverse inference of guilt from that failure.” Ragland v. Commonwealth, 191 S.W.3d 569, 589-90 (Ky. 2006) (internal citation omitted). | 1 | 1 |
Donnellan v. Commonwealthgreen1 sentence1882See Donnellan v. Commonwealth, 7 Bush (Ky.) 676. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Clark v. Burden
green
1 sentence2004When conducting the first part of the inquiry (as to whether the client has given settlement authority) the Supreme Court directed the trial court “to summarily decide the facts.” Id. | 1 | 2004–2004 |
Caudill v. Commonwealth
neutral
2 sentences1938In the following paragraphs (murder and manslaughter) he tells the jury how they should apply the aiding and abetting instruction in fixing the degree, and refers to the first part of the instruction as follows: “If you believe from the evidence that such shooting, wounding and killing, or such aiding and abetting was done with malice or in sudden passion.” The instruction here given is readily distinguishable from such as the court rejected in Caudill v. Com., 220 Ky. 191 , 294 S. W. 1042 ; Yarbrough v. Com., 219 Ky. 319 , 292 S. W. 806 ; Barker v. Com., 209 Ky. 817 , 273 S. W. 503 . 1938In the following paragraphs (murder and manslaughter) he tells the jury how they should apply the aiding and abetting instruction in fixing the degree, and refers to the first part of the instruction as follows: “If you believe from the evidence that such shooting, wounding and killing, or such aiding and abetting was done with malice or in sudden passion.” The instruction here given is readily distinguishable from such as the court rejected in Caudill v. Com., 220 Ky. 191 , 294 S. W. 1042 ; Yarbrough v. Com., 219 Ky. 319 , 292 S. W. 806 ; Barker v. Com., 209 Ky. 817 , 273 S. W. 503 . | 1 | 1938–1938 |
Yarbrough v. Commonwealth
green
2 sentences1938In the following paragraphs (murder and manslaughter) he tells the jury how they should apply the aiding and abetting instruction in fixing the degree, and refers to the first part of the instruction as follows: “If you believe from the evidence that such shooting, wounding and killing, or such aiding and abetting was done with malice or in sudden passion.” The instruction here given is readily distinguishable from such as the court rejected in Caudill v. Com., 220 Ky. 191 , 294 S. W. 1042 ; Yarbrough v. Com., 219 Ky. 319 , 292 S. W. 806 ; Barker v. Com., 209 Ky. 817 , 273 S. W. 503 . 1938In the following paragraphs (murder and manslaughter) he tells the jury how they should apply the aiding and abetting instruction in fixing the degree, and refers to the first part of the instruction as follows: “If you believe from the evidence that such shooting, wounding and killing, or such aiding and abetting was done with malice or in sudden passion.” The instruction here given is readily distinguishable from such as the court rejected in Caudill v. Com., 220 Ky. 191 , 294 S. W. 1042 ; Yarbrough v. Com., 219 Ky. 319 , 292 S. W. 806 ; Barker v. Com., 209 Ky. 817 , 273 S. W. 503 . | 1 | 1938–1938 |
Conn v. Commonwealth
green
2 sentences1938As to the sufficiency of the evidence to warrant the giving of the instruction, reference may be had to Conn v. Com., 245 Ky. 583 , 53 S. W. (2d) 931 ; Luttrell v. Com., 250 Ky. 334 , 63 S. W. (2d) 292 ; Vanover v. Com., 246 Ky. 32 , 54 S. W. (2d) 375 . 1938As to the sufficiency of the evidence to warrant the giving of the instruction, reference may be had to Conn v. Com., 245 Ky. 583 , 53 S. W. (2d) 931 ; Luttrell v. Com., 250 Ky. 334 , 63 S. W. (2d) 292 ; Vanover v. Com., 246 Ky. 32 , 54 S. W. (2d) 375 . | 1 | 1938–1938 |
Barker v. Commonwealth
green
2 sentences1938In the following paragraphs (murder and manslaughter) he tells the jury how they should apply the aiding and abetting instruction in fixing the degree, and refers to the first part of the instruction as follows: “If you believe from the evidence that such shooting, wounding and killing, or such aiding and abetting was done with malice or in sudden passion.” The instruction here given is readily distinguishable from such as the court rejected in Caudill v. Com., 220 Ky. 191 , 294 S. W. 1042 ; Yarbrough v. Com., 219 Ky. 319 , 292 S. W. 806 ; Barker v. Com., 209 Ky. 817 , 273 S. W. 503 . 1938In the following paragraphs (murder and manslaughter) he tells the jury how they should apply the aiding and abetting instruction in fixing the degree, and refers to the first part of the instruction as follows: “If you believe from the evidence that such shooting, wounding and killing, or such aiding and abetting was done with malice or in sudden passion.” The instruction here given is readily distinguishable from such as the court rejected in Caudill v. Com., 220 Ky. 191 , 294 S. W. 1042 ; Yarbrough v. Com., 219 Ky. 319 , 292 S. W. 806 ; Barker v. Com., 209 Ky. 817 , 273 S. W. 503 . | 1 | 1938–1938 |
Vanover v. Commonwealth
neutral
2 sentences1938As to the sufficiency of the evidence to warrant the giving of the instruction, reference may be had to Conn v. Com., 245 Ky. 583 , 53 S. W. (2d) 931 ; Luttrell v. Com., 250 Ky. 334 , 63 S. W. (2d) 292 ; Vanover v. Com., 246 Ky. 32 , 54 S. W. (2d) 375 . 1938As to the sufficiency of the evidence to warrant the giving of the instruction, reference may be had to Conn v. Com., 245 Ky. 583 , 53 S. W. (2d) 931 ; Luttrell v. Com., 250 Ky. 334 , 63 S. W. (2d) 292 ; Vanover v. Com., 246 Ky. 32 , 54 S. W. (2d) 375 . | 1 | 1938–1938 |
Luttrell v. Commonwealth
green
2 sentences1938As to the sufficiency of the evidence to warrant the giving of the instruction, reference may be had to Conn v. Com., 245 Ky. 583 , 53 S. W. (2d) 931 ; Luttrell v. Com., 250 Ky. 334 , 63 S. W. (2d) 292 ; Vanover v. Com., 246 Ky. 32 , 54 S. W. (2d) 375 . 1938As to the sufficiency of the evidence to warrant the giving of the instruction, reference may be had to Conn v. Com., 245 Ky. 583 , 53 S. W. (2d) 931 ; Luttrell v. Com., 250 Ky. 334 , 63 S. W. (2d) 292 ; Vanover v. Com., 246 Ky. 32 , 54 S. W. (2d) 375 . | 1 | 1938–1938 |
Little v. Commonwealth
neutral
2 sentences1936Little v. Com., 246 Ky. 805 , 56 S. W. (2d) 526 . 1936Little v. Com., 246 Ky. 805 , 56 S. W. (2d) 526 . | 1 | 1936–1936 |
Beaty v. Commonwealth
green
2 sentences1936It doubtless is the- better practice to incorporate in the instruction presenting the question of reasonable doubt as to the degree of the offense the words “beyond a reasonable doubt.” Beaty v. Commonwealth, 140 Ky. 230 , 130 S. W. 1107, 1110 . 1936It doubtless is the- better practice to incorporate in the instruction presenting the question of reasonable doubt as to the degree of the offense the words “beyond a reasonable doubt.” Beaty v. Commonwealth, 140 Ky. 230 , 130 S. W. 1107, 1110 . | 1 | 1936–1936 |
Commonwealth v. Crowder
neutral
2 sentences1930It is furthermore insisted by counsel for appellant that under the principles announced in the case of Commonwealth v. Crowder, 177 Ky. 268 , 197 S. W. 643 , such qualification should in no event be attached to defendant’s plea of former jeopardy, since it is argued that the opinion therein disallows it only when the indictment properly (and truthfully) accuses defendant of .a felony (and which was done in this case), but, as argued, with no facts to support it, and therefore he was erroneously and wrongfully charged with the commission of a felony and he should have been entitled to the benef 1930It is furthermore insisted by counsel for appellant that under the principles announced in the case of Commonwealth v. Crowder, 177 Ky. 268 , 197 S. W. 643 , such qualification should in no event be attached to defendant’s plea of former jeopardy, since it is argued that the opinion therein disallows it only when the indictment properly (and truthfully) accuses defendant of .a felony (and which was done in this case), but, as argued, with no facts to support it, and therefore he was erroneously and wrongfully charged with the commission of a felony and he should have been entitled to the benef | 1 | 1930–1930 |
Craig v. Radelman
neutral
1 sentence1924Appellant earnestly insists that a limitation after gift in fee with power of disposition is clearly invalid, and he cites in support of this contention a number of cases, including Craig, et al. v. Radelman, et al., 199 Ky. 501 . | 1 | 1924–1924 |
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.