stare decisis does not commit us doctrine (Kentucky) · Go Syfert
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stare decisis does not commit us doctrine in Kentucky

10 Kentucky opinions name it 1 courts 1984–2023 1 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 (6)

CaseFollowedCited
Hilen v. Haysgreen
ky · 1984 · cited in 6 Kentucky opinions naming this issue, 1993–2019
2 sentences

2019It is often citied that “the doctrine of stare decisis does not commit us to the sanctification of ancient Ethical and Judicial Affairs, Code of Medical Ethics § 5.05 (2007) (similar language to 1994 version). 7 fallacy.” Hilen v. Hays, 673 S.W.2d 713, 717 (Ky. 1984).

2016However, as this Court has wisely concluded in the past, "the doctrine of stare decisis does not commit us to the sanctification of ancient fallacy." Hilen v. Hays, 673 S.W.2d 713, 717 (Ky. 1984).

46
Morrow v. Commonwealthgreen
ky · 2002 · cited in 2 Kentucky opinions naming this issue, 2013–2016
2 sentences

2016The escape hatch is necessary because, while judicial economy, stability, and legitimacy—values promoted by the stare decisis principle—are all of key importance, no less important is the assurance that the law not "bell shackled to past folly." (Cunningham, J., dissenting) See also, Allen v. Commonwealth, 395 S.W.3d 451 (Ky. 2013) ("[T]he doctrine of stare decisis does not commit us 27 to the sanctification of . . . fallacy.") (quoting Morrow v. Commonwealth, 77 S.W.3d 558, 559 (Ky. 2002)).

2016The escape hatch is necessary because, while judicial economy, stability, and legitimacy — values promoted by the stare deci-sis principle — are all of key importance, no less important is the assurance that the law not “be[ ] shackled to past folly.” (Cunningham, J., dissenting) See also, Allen v. Commonwealth, 395 S.W.3d 451 (Ky.2013) (“’[T]he doctrine of stare decisis does not commit us to the sanctification of ... fallacy.”) (quoting Morrow v. Commonwealth, 77 S.W.3d 558, 559 (Ky.2002)).

22
Beaumont v. Zerugreen
ky · 2015 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023See Beaumont v. Zeru, 460 S.W.3d 904, 909 (Ky. 2015) (“The doctrine of stare decisis does not commit us to the sanctification of ancient or relatively recent fallacy.”) (internal quotation omitted).

11
Allen v. Commonwealthgreen
ky · 2013 · cited in 1 Kentucky opinions naming this issue, 2016–2016
2 sentences

2016The escape hatch is necessary because, while judicial economy, stability, and legitimacy—values promoted by the stare decisis principle—are all of key importance, no less important is the assurance that the law not "bell shackled to past folly." (Cunningham, J., dissenting) See also, Allen v. Commonwealth, 395 S.W.3d 451 (Ky. 2013) ("[T]he doctrine of stare decisis does not commit us 27 to the sanctification of . . . fallacy.") (quoting Morrow v. Commonwealth, 77 S.W.3d 558, 559 (Ky. 2002)).

2016The escape hatch is necessary because, while judicial economy, stability, and legitimacy — values promoted by the stare deci-sis principle — are all of key importance, no less important is the assurance that the law not “be[ ] shackled to past folly.” (Cunningham, J., dissenting) See also, Allen v. Commonwealth, 395 S.W.3d 451 (Ky.2013) (“’[T]he doctrine of stare decisis does not commit us to the sanctification of ... fallacy.”) (quoting Morrow v. Commonwealth, 77 S.W.3d 558, 559 (Ky.2002)).

11
Matheney v. Commonwealthgreen
ky · 2006 · cited in 1 Kentucky opinions naming this issue, 2013–2013
1 sentence

2013And while the author of this decision joined the majority in that case, we are also mindful that “the doctrine of stare decisis does not commit us to the sanctification of ancient or relatively recent fallacy.” Matheney v. Commonwealth, 191 S.W.3d 599, 604 (Ky.2006) (quoting Morrow v. Commonwealth, 77 S.W.3d 558, 559 (Ky.2002)).

11
D & W AUTO SUPPLY v. Department of Revenuegreen
ky · 1980 · cited in 1 Kentucky opinions naming this issue, 1993–1993
2 sentences

1993But the doctrine of stare decisis does not commit us to the sanctification of ancient fallacy." Id. at 717 . "[The principle] is not inflexible, nor is it of such a nature as to require perpetuation of error or illogic." D & W Auto Supply v. Department of Revenue, Ky., 602 S.W.2d 420, 424 (1980).

1993But the doctrine of stare decisis does not commit us to the sanctification of ancient fallacy.” Id. at 717 . “[The principle] is not inflexible, nor is it of such a nature as to require perpetuation of error or illogic.” D & W Auto Supply v. Department of Revenue, Ky., 602 S.W.2d 420, 424 (1980).

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 (2)

CaseCitedYears
Goetzman v. Wichern green
iowa · 1982
2 sentences

2000In Goetzman v. Wichern, 327 N.W.2d 742 (Iowa 1983), the Supreme Court of Iowa observed: `(S)tare decisis does not preclude the change.

2000In Goetzman v. Wichern, 327 N.W.2d 742 (Iowa 1983), the Supreme Court of Iowa observed: ‘(S)tare decisis does not preclude the change.

21984–2000
Martin v. Commonwealth green
ky · 2006
1 sentence

2023In fact, Martin I held “the plain error test of Federal Rule of Criminal Procedure 52(b), [is] the federal counterpart of RCr 10.26.” 207 S.W.3d at 3 .

12023–2023

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