noted rule (Kentucky) · Go Syfert
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noted rule in Kentucky

10 Kentucky opinions name it 2 courts 1983–2023 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 (2)

CaseFollowedCited
Commonwealth v. Benhamgreen
ky · 1991 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023Therein, the Court noted that the inquiry is whether “under the evidence as a whole, it would be clearly unreasonable for a jury to find guilt, only then the defendant is entitled to a directed verdict of acquittal.” Id. at 187 (citation omitted); see Kentucky Rules of Civil Procedure (CR) 50.01.

11
Commonwealth v. Leapgreen
ky · 2005 · cited in 1 Kentucky opinions naming this issue, 2016–2016
1 sentence

2016Quoting Goodwin , the Court noted that the presumption “may operate in the absence of any proof of an improper motive and thus may block a legitimate response to criminal conduct” and is to be applied only when “a reasonable likelihood of vindictiveness exists.” Id. at 813.

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 (11)

CaseCitedYears
California v. Green red
scotus · 1970
1 sentence

2022The Court, citing Green, explained despite perhaps not being formally characterized as “cross- examination,” the questioning of Anita afforded “substantial compliance with the purposes behind the confrontation requirement” and although Ohio law may have authorized objection by the prosecution, that did not happen, and defense counsel was not “significantly limited in any way in the scope or nature of his cross-examination.” Id. (quoting Green, 399 U.S. at 166 ).

12022–2022
Department of Corrections v. Furr green
ky · 2000
1 sentence

2019The Court also noted that immunity “frustrates the act’s purpose and intent, deprives many of its citizens of protection, and renders meaningless its pledge to safeguard all individuals from discrimination.” Id. 9 The Court of Appeals followed a similar analysis in the present case.

12019–2019
Wallace v. Wathen green
kyctapp · 1972
1 sentence

2017The test was reaffirmed in Wallace v. Wathen, 476 S.W.2d 829 , 831 n.2 (Ky. 1972) (citation omitted), where the Court explained: [The] test of fellow-employee immunity is whether each of the employees involved would have been entitled to workmen's compensation benefits for any disabling injury suffered in the accident.

12017–2017
Jackson v. Hutchinson green
kyctapphigh · 1970
2 sentences

2017In Jackson v. Hutchinson , 453 S.W.2d 269 , 270 (Ky. 1970), the Court held that the "test of fellow-employee immunity is whether each of the employees involved would have been entitled to workmen's compensation benefits for any disabling injury suffered in the accident." The Court noted that the test "leads to consistent application of the fellow-employee immunity rule." Id.

2017In Jackson v. Hutchinson , 453 S.W.2d 269 , 270 (Ky. 1970), the Court held that the "test of fellow-employee immunity is whether each of the employees involved would have been entitled to workmen's compensation benefits for any disabling injury suffered in the accident." The Court noted that the test "leads to consistent application of the fellow-employee immunity rule." Id.

12017–2017
United States v. Dunn green
scotus · 1987
2 sentences

2012The Court noted that the factors should not be applied mechanically; rather the central question is “whether the area in question is so intimately tied to the home itself that it should be placed under the home’s ‘umbrella’ of Fourth Amendment protection.” Id. at 301 , 107 S.Ct. 1134 .

2012The Court noted that the factors should not be applied mechanically; rather the central question is “whether the area in question is so intimately tied to the home itself that it should be placed under the home’s ‘umbrella’ of Fourth Amendment protection.” Id. at 301 , 107 S.Ct. 1134 .

12012–2012
World-Wide Volkswagen Corp. v. Woodson green
scotus · 1980
2 sentences

2007The first prong of the test asks whether the defendant purposefully 13 W orld-Wide Volkswagen Corp. v. Woodson , 444 U.S . 286, 100 S.Ct. 559 , 62 L.Ed.2d 490 (1980) . 14 World-Wide Volkswagen, 444 U .S. at 291-92. 15 Wilson , 85 S .W.3d at 593 . 16 Id.

2007The first prong of the test asks whether the defendant purposefully 13 W orld-Wide Volkswagen Corp. v. Woodson , 444 U.S . 286, 100 S.Ct. 559 , 62 L.Ed.2d 490 (1980) . 14 World-Wide Volkswagen, 444 U .S. at 291-92. 15 Wilson , 85 S .W.3d at 593 . 16 Id.

12007–2007
Edward Joseph Imes v. Ralph Touma, M.D., and Synthes, Ltd. green
ca6 · 1986
1 sentence

2005In the Imes case, the court noted that the rule as adopted in Louisville Trust applies to cases “when an injury does not manifest itself immediately!.]” 784 F.2d at 758 .

12005–2005
Brewster v. Commonwealth green
kyctapp · 1986
1 sentence

1989In Brewster v. Commonwealth, Ky.App., 723 S.W.2d 863 (1986), this Court noted the test for ineffective assistance of counsel was outlined in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

11989–1989
Strickland v. Washington green
scotus · 1984
2 sentences

1989In Brewster v. Commonwealth, Ky.App., 723 S.W.2d 863 (1986), this Court noted the test for ineffective assistance of counsel was outlined in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

1989In Brewster v. Commonwealth, Ky.App., 723 S.W.2d 863 (1986), this Court noted the test for ineffective assistance of counsel was outlined in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

11989–1989
Calder v. Bull green
scotus · 1798
2 sentences

1983The holding in Brown is supported by a long line of cases beginning with Calder v. Bull, 3 U.S. 386 , 3 Dall. 386 , 1 L.Ed. 648 (1798).

1983The holding in Brown is supported by a long line of cases beginning with Calder v. Bull, 3 U.S. 386 , 3 Dall. 386 , 1 L.Ed. 648 (1798).

11983–1983
Commonwealth v. Brown green
ky · 1981
2 sentences

1983The court noted that the rule’s abrogation enables the Commonwealth to convict on less evidence than previously required and concluded that “allowing the Commonwealth to proceed with this advantage would violate Section 19 of our Constitution and Article 1, Section 10 of the Constitution of the United States, both of which forbid ex post facto laws.” Id. at 703 .

1983The court noted that the rule's abrogation enables the Commonwealth to convict on less evidence than previously required and concluded that "allowing the Commonwealth to proceed with this advantage would violate Section 19 of our Constitution and Article 1, Section 10 of the Constitution of the United States, both of which forbid ex post facto laws." Id. at 703 .

11983–1983

Where else courts name it

IL 165 (1935–2026) CA 132 (1944–2026) TX 114 (1973–2026) LA 74 (1965–2022) OH 62 (1945–2026) FL 61 (1961–2019) PA 60 (1936–2025) WA 48 (1942–2026) NJ 45 (1962–2026) KS 40 (1961–2021) MO 37 (1959–2017) TN 35 (1983–2025) IN 35 (1982–2017) MD 32 (1979–2023) MI 31 (1977–2024) NY 30 (1962–2023) OR 29 (1967–2025) IA 28 (1965–2023) MS 27 (1990–2022) AZ 25 (1976–2024) AL 23 (1940–2026) WI 22 (1966–2026) VA 22 (1989–2026) OK 19 (1980–2019) CT 18 (1993–2025) MN 16 (1959–2014) DC 13 (1977–2005) NC 13 (1986–2021) CO 12 (1982–2020) NE 12 (1988–2026) NM 11 (1961–2012) WY 11 (1956–2011) UT 10 (1983–2025) GA 10 (1973–2014) ID 10 (1982–2022) WV 10 (1994–2021) KY 10 (1983–2023) HI 8 (1999–2016) AR 8 (1987–2017) MA 8 (1967–2026) SC 8 (1985–2026) MT 7 (1994–2013) DE 7 (1923–2024) SD 7 (1988–2026) RI 6 (1985–2023) AK 6 (1971–2006) ND 6 (1974–2025) VT 4 (1981–2024) NV 3 (1979–1993) NH 3 (1976–2016) ME 2 (1973–2006)

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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