10 Kentucky opinions name it 3 courts 1920–2011 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 |
|---|---|---|
Commonwealth v. Allemangreen1 sentence2011Oral plea agreements are not uncommon."). [33] See Polk, 622 S.W.2d at 224 . [34] Bearden, 461 U.S. at 670 , 103 S.Ct. 2064 . [35] See generally Kentucky Rules of Criminal Procedure (RCr) 8.10; Kennedy v. Commonwealth, 962 S.W.2d 880 (Ky.App.1997). [36] See KRS 533.010(2) (requiring a sentencing court to consider probation in noncapital cases and must grant probation unless it concludes that imprisonment is necessary to protect the public because: "(a) There is substantial risk that during a period of probation or conditional discharge the defendant will commit another crime; (b) The defendant | 1 | 1 |
Jones v. Commonwealthgreen1 sentence2011Oral plea agreements are not uncommon."). [33] See Polk, 622 S.W.2d at 224 . [34] Bearden, 461 U.S. at 670 , 103 S.Ct. 2064 . [35] See generally Kentucky Rules of Criminal Procedure (RCr) 8.10; Kennedy v. Commonwealth, 962 S.W.2d 880 (Ky.App.1997). [36] See KRS 533.010(2) (requiring a sentencing court to consider probation in noncapital cases and must grant probation unless it concludes that imprisonment is necessary to protect the public because: "(a) There is substantial risk that during a period of probation or conditional discharge the defendant will commit another crime; (b) The defendant | 1 | 1 |
Polk v. Commonwealthgreen2 sentences2011Oral plea agreements are not uncommon."). [33] See Polk, 622 S.W.2d at 224 . [34] Bearden, 461 U.S. at 670 , 103 S.Ct. 2064 . [35] See generally Kentucky Rules of Criminal Procedure (RCr) 8.10; Kennedy v. Commonwealth, 962 S.W.2d 880 (Ky.App.1997). [36] See KRS 533.010(2) (requiring a sentencing court to consider probation in noncapital cases and must grant probation unless it concludes that imprisonment is necessary to protect the public because: "(a) There is substantial risk that during a period of probation or conditional discharge the defendant will commit another crime; (b) The defendant 2011See Polk, 622 S.W.2d at 224 . . | 1 | 1 |
Gamble v. Commonwealthgreen2 sentences2011However, we recognize that sometimes, as a practical matter, it may be difficult to pinpoint exactly when such changes occurred. [48] Gamble, 293 S.W.3d at 411 . [49] See id. ("[W]e have not been cited to any authority, nor do we know of any, that requires the Commonwealth to bear the burden of proving the reasons Gamble failed to make such payments. 2011However, we recognize that sometimes, as a practical matter, it may be difficult to pinpoint exactly when such changes occurred. [48] Gamble, 293 S.W.3d at 411 . [49] See id. ("[W]e have not been cited to any authority, nor do we know of any, that requires the Commonwealth to bear the burden of proving the reasons Gamble failed to make such payments. | 1 | 1 |
Miranda v. Arizonagreen2 sentences2010See Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). 2010See Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). | 1 | 1 |
United States v. Javier Saucedo (99-5325) Refujio Hernandez (99-5326), United States of America v. Jordan Keygreen2 sentences2001E.g., United States v. Strayhorn, 250 F.3d 462, 464 (6th Cir.2001); United States v. Saucedo, 226 F.3d 782, 786 (6th Cir.2000). 2001E.g., United States v. Strayhorn, 250 F.3d 462, 464 (6th Cir.2001); United States v. Saucedo, 226 F.3d 782, 786 (6th Cir.2000). | 1 | 1 |
United States v. Shannon Strayhorngreen2 sentences2001E.g., United States v. Strayhorn, 250 F.3d 462, 464 (6th Cir.2001); United States v. Saucedo, 226 F.3d 782, 786 (6th Cir.2000). 2001E.g., United States v. Strayhorn, 250 F.3d 462, 464 (6th Cir.2001); United States v. Saucedo, 226 F.3d 782, 786 (6th Cir.2000). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kennedy v. Commonwealth
green
1 sentence2011Oral plea agreements are not uncommon."). [33] See Polk, 622 S.W.2d at 224 . [34] Bearden, 461 U.S. at 670 , 103 S.Ct. 2064 . [35] See generally Kentucky Rules of Criminal Procedure (RCr) 8.10; Kennedy v. Commonwealth, 962 S.W.2d 880 (Ky.App.1997). [36] See KRS 533.010(2) (requiring a sentencing court to consider probation in noncapital cases and must grant probation unless it concludes that imprisonment is necessary to protect the public because: "(a) There is substantial risk that during a period of probation or conditional discharge the defendant will commit another crime; (b) The defendant | 1 | 2011–2011 |
Bearden v. Georgia
green
2 sentences2011Oral plea agreements are not uncommon."). [33] See Polk, 622 S.W.2d at 224 . [34] Bearden, 461 U.S. at 670 , 103 S.Ct. 2064 . [35] See generally Kentucky Rules of Criminal Procedure (RCr) 8.10; Kennedy v. Commonwealth, 962 S.W.2d 880 (Ky.App.1997). [36] See KRS 533.010(2) (requiring a sentencing court to consider probation in noncapital cases and must grant probation unless it concludes that imprisonment is necessary to protect the public because: "(a) There is substantial risk that during a period of probation or conditional discharge the defendant will commit another crime; (b) The defendant 2011Oral plea agreements are not uncommon."). [33] See Polk, 622 S.W.2d at 224 . [34] Bearden, 461 U.S. at 670 , 103 S.Ct. 2064 . [35] See generally Kentucky Rules of Criminal Procedure (RCr) 8.10; Kennedy v. Commonwealth, 962 S.W.2d 880 (Ky.App.1997). [36] See KRS 533.010(2) (requiring a sentencing court to consider probation in noncapital cases and must grant probation unless it concludes that imprisonment is necessary to protect the public because: "(a) There is substantial risk that during a period of probation or conditional discharge the defendant will commit another crime; (b) The defendant | 1 | 2011–2011 |
Upchurch v. Clinton County
green
1 sentence2010Moreover, its enforcement was largely subjective and “left to the will or judgment of the performer”, as keeping the children in the middle of the path could certainly “be performed in one of two or more ways, either of which would be lawful[.]” Upchurch, 330 S.W.2d at 430 . | 1 | 2010–2010 |
Tabor v. Commonwealth Ex Rel. Peterson
neutral
2 sentences1969Peterson, 303 Ky. 810 , 199 S.W.2d 613 (1947), and cases cited therein, the parties agreed at an oral hearing that this court was the proper forum to entertain this motion. 1969Peterson, 303 Ky. 810 , 199 S.W.2d 613 (1947), and cases cited therein, the parties agreed at an oral hearing that this court was the proper forum to entertain this motion. | 1 | 1969–1969 |
King v. Commonwealth
green
1 sentence1965King v. Commonwealth, Ky., 387 S.W.2d 582 (1965). | 1 | 1965–1965 |
City of Prestonsburg v. Mellon
green
2 sentences1951He further contends that this was a comment on the evidence by the court, which is prohibited in this jurisdiction, citing City of Prestonsburg v. Mellon, 220 Ky. 808 , 295 S.W. 1064 ; Louisville & N. R. 1951He further contends that this was a comment on the evidence by the court, which is prohibited in this jurisdiction, citing City of Prestonsburg v. Mellon, 220 Ky. 808 , 295 S.W. 1064 ; Louisville & N. R. | 1 | 1951–1951 |
City of Hazard v. Eversole
green
2 sentences1951You may go to your room and make up your verdict in this case.” Russell contends that these remarks by the court amounted to an oral instruction which is prohibited by § 317(5) of the Civil Code of Practice, requiring all instructions to be in writing when requested, citing City of Hazard v. Eversole, 237 Ky. 242 , 35 S.W.2d 313 , that in effect the court’s remarks directed a verdict for plaintiffs. 1951You may go to your room and make up your verdict in this case.” Russell contends that these remarks by the court amounted to an oral instruction which is prohibited by § 317(5) of the Civil Code of Practice, requiring all instructions to be in writing when requested, citing City of Hazard v. Eversole, 237 Ky. 242 , 35 S.W.2d 313 , that in effect the court’s remarks directed a verdict for plaintiffs. | 1 | 1951–1951 |
Bartram v. Commonwealth
neutral
2 sentences1945In the case of Bartram v. Com., 233 Ky. 244 , 25 S. W. 2d 378, 379 , we held — as did many cases cited in that opinion — that the giving of written instructions as required by section 225, supra, might be waived by the defendant on trial and that if the oral instruction that the court did give was done in the presence of the defendant and his attorney without objections, then the requirement was waived. 1945In the case of Bartram v. Com., 233 Ky. 244 , 25 S. W. 2d 378, 379 , we held — as did many cases cited in that opinion — that the giving of written instructions as required by section 225, supra, might be waived by the defendant on trial and that if the oral instruction that the court did give was done in the presence of the defendant and his attorney without objections, then the requirement was waived. | 1 | 1945–1945 |
White v. Commonwealth
neutral
1 sentence1927Benge v. Commonwealth, 92 Ky. 1 , 17 S. W. 146 ; White v. Commonwealth, 80 Ky. 480 , 4 Ky. Law Rep. 373 . _A careful examination of the record discloses that the instructions were proper, that the court’s rulings on the admission and rejection of evidence were correct, and that the verdict was fully supported by the evidence. | 1 | 1927–1927 |
Benge v. Commonwealth
green
2 sentences1927Benge v. Commonwealth, 92 Ky. 1 , 17 S. W. 146 ; White v. Commonwealth, 80 Ky. 480 , 4 Ky. Law Rep. 373 . _A careful examination of the record discloses that the instructions were proper, that the court’s rulings on the admission and rejection of evidence were correct, and that the verdict was fully supported by the evidence. 1927Benge v. Commonwealth, 92 Ky. 1 , 17 S. W. 146 ; White v. Commonwealth, 80 Ky. 480 , 4 Ky. Law Rep. 373 . _A careful examination of the record discloses that the instructions were proper, that the court’s rulings on the admission and rejection of evidence were correct, and that the verdict was fully supported by the evidence. | 1 | 1927–1927 |
Mobile & Ohio R. R. v. Commonwealth
neutral
1 sentence1920Co. v. Commonwealth, 122 Ky. 435 , 92 S. W. 299 , the court orally instructed the jury, but The record failed to show that the court was requested by appellant’s counsel to instruct in writing, nor did it show that counsel objected to the oral instruction, and it was held that by its failure to object to the oral instruction, and to save an exception thereto appellant was estopped from raising the objection in this court that the instructions were not in writing'.' The appellant in the instant case excepted to the instruction as given, that is to its substance, not because it was oral, and mov | 1 | 1920–1920 |
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.