categorical rule (Kentucky) · Go Syfert
← Kentucky issues

categorical rule in Kentucky

9 Kentucky opinions name it 2 courts 2013–2026 3 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 (3)

CaseFollowedCited
District of Columbia v. Hellergreen
scotus · 2008 · cited in 1 Kentucky opinions naming this issue, 2025–2025
2 sentences

2025See Rahimi, 602 U.S. at 699 , 149 S. Ct. at 1902 (quoting Heller, 554 U.S. at 626 , 627 n.26, 128 S. Ct. at 2817) (“Heller never established a categorical rule that the Constitution prohibits regulations that forbid firearm possession in the home.

2025In fact, our opinion stated that many such prohibitions, like those on the possession of firearms by “felons and the mentally ill,” are “presumptively lawful.” Rahimi, 602 U.S. at 699 , 144 S. Ct. at 1902 (quoting Heller, 554 U.S. at 626 , 627 n.26, 128 S. Ct. at 2817).

11
United States v. Rahimigreen
scotus · 2024 · cited in 1 Kentucky opinions naming this issue, 2025–2025
2 sentences

2025See Rahimi, 602 U.S. at 699 , 149 S. Ct. at 1902 (quoting Heller, 554 U.S. at 626 , 627 n.26, 128 S. Ct. at 2817) (“Heller never established a categorical rule that the Constitution prohibits regulations that forbid firearm possession in the home.

2025In fact, our opinion stated that many such prohibitions, like those on the possession of firearms by “felons and the mentally ill,” are “presumptively lawful.” Rahimi, 602 U.S. at 699 , 144 S. Ct. at 1902 (quoting Heller, 554 U.S. at 626 , 627 n.26, 128 S. Ct. at 2817).

11
Graham v. Floridagreen
scotus · 2010 · cited in 1 Kentucky opinions naming this issue, 2018–2018
2 sentences

2018In a concurring opinion to Graham, Chief Justice Roberts_disagreed with the creation of a new categorical rule, instead believing that the standard narrow proportionality review would be sufficient to protect the constitutional rights at issue. 'Graham, 560 U.S. at 86 (Roberts, C.J., concurring in the ' . . judgment). _The Chief Justice recognized that: ( 17 f\ more re.strained approach is especially appropriate in light of the Court's apparent recognition that -it is perfectly legitiinate for a juvenile to recei~e a sentence of life without parole for committing murd~r.

2018This means that there is nothing inherently unconstitutional about imposing sentences of life without parole on juvenile offenders; rather, the constitutionality of such sentences depends on the particular crimes for which they are imposed. r Id. at 94 .

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
The Nation Magazine, Washington Bureau, and Max Holland v. United States Customs Servicegreen
cadc · 1995 · cited in 1 Kentucky opinions naming this issue, 2013–2013
1 sentence

2013But see The Nation Magazine, Washington Bureau v. United States Customs Service, 71 F.3d 885 (D.C.Cir.1995) (noting that in cases that are not routine an otherwise appropriate categorical rule may not apply).

11

Also cited on this issue (10)

CaseCitedYears
Tucker v. State green
ind · 1941
1 sentence

2026Id. (referring to Brown v. Barkley, 628 S.W.2d 616 (Ky. 28 1982), “[t]he Kentucky court seems to stand alone, however, in deriving such a categorical rule of independence.”).

12026–2026
Brown v. Barkley green
ky · 1982
1 sentence

2026Id. (referring to Brown v. Barkley, 628 S.W.2d 616 (Ky. 28 1982), “[t]he Kentucky court seems to stand alone, however, in deriving such a categorical rule of independence.”).

12026–2026
Salsman v. Commonwealth green
kyctapp · 1978
1 sentence

2026This contention is wholly without merit, and we agree with the Commonwealth that Salsman does not require the trial court provide the intended jury instruction. -5- True, the Salsman Court stated “[i]n determining whether a woman is incapable of granting consent because she is [an individual with an intellectual disability], the sole question is whether she is capable of appraising the nature of the sexual act being performed.” 565 S.W.2d at 640 .

12026–2026
Ohio Casualty Insurance Co. v. Stanfield green
ky · 1979
1 sentence

2018Although the Court limited its decision to exclusion in UIM policies, it questioned whether the "reasonable-expectation analysis truly synthesizes Kentucky contract principles or simply exists as a categorical rule to ensure that insureds always recover." Id. at 592 .

12018–2018
Arthur v. Commonwealth green
vactapp · 1997
2 sentences

2016Other states rejecting this method include Virginia (Arthur v. Commonwealth, 24 Va.App. 102 , 480 S.E.2d 749 (1997)), and Nevada (Sheriff, Washoe County v. Bessey, 112 Nev. 322 , 914 P.2d 618 (1996)). .

2016Other states rejecting this method include Virginia (Arthur v. Commonwealth, 24 Va.App. 102 , 480 S.E.2d 749 (1997)), and Nevada (Sheriff, Washoe County v. Bessey, 112 Nev. 322 , 914 P.2d 618 (1996)). .

12016–2016
Sheriff v. Bessey green
nev · 1996
2 sentences

2016Other states rejecting this method include Virginia (Arthur v. Commonwealth, 24 Va.App. 102 , 480 S.E.2d 749 (1997)), and Nevada (Sheriff, Washoe County v. Bessey, 112 Nev. 322 , 914 P.2d 618 (1996)). .

2016Other states rejecting this method include Virginia (Arthur v. Commonwealth, 24 Va.App. 102 , 480 S.E.2d 749 (1997)), and Nevada (Sheriff, Washoe County v. Bessey, 112 Nev. 322 , 914 P.2d 618 (1996)). .

12016–2016
Roper v. Simmons green
scotus · 2005
2 sentences

2013However, in Roper v. Simmons, the U.S. Supreme Court held that the Eighth and Fourteenth Amendments to the U.S. Con stitution impose a categorical bar to executing individuals who were under eighteen years old at the time of the crimes. 543 U.S. 551, 578 , 125 S.Ct. 1183 , 161 L.Ed.2d 1 (2005).

2013However, in Roper v. Simmons, the U.S. Supreme Court held that the Eighth and Fourteenth Amendments to the U.S. Con stitution impose a categorical bar to executing individuals who were under eighteen years old at the time of the crimes. 543 U.S. 551, 578 , 125 S.Ct. 1183 , 161 L.Ed.2d 1 (2005).

12013–2013
United States Department of Justice v. Reporters Committee for Freedom of the Press green
scotus · 1989
2 sentences

2013Only by construing the Exemption to provide a categorical rule can the Act’s purpose of expediting disclosure by means of workable rules be furthered.’ ” Reporters Committee, 489 U.S. at 779 , 109 S.Ct. 1468 (discussing and quoting FTC v. Grolier Inc., 462 U.S. 19, 27-28 , 103 S.Ct. 2209 , 76 L.Ed.2d 387 (1983)).

2013Only by construing the Exemption to provide a categorical rule can the Act’s purpose of expediting disclosure by means of workable rules be furthered.’ ” Reporters Committee, 489 U.S. at 779 , 109 S.Ct. 1468 (discussing and quoting FTC v. Grolier Inc., 462 U.S. 19, 27-28 , 103 S.Ct. 2209 , 76 L.Ed.2d 387 (1983)).

12013–2013
Federal Trade Commission v. Grolier Inc. green
scotus · 1983
2 sentences

2013Only by construing the Exemption to provide a categorical rule can the Act’s purpose of expediting disclosure by means of workable rules be furthered.’ ” Reporters Committee, 489 U.S. at 779 , 109 S.Ct. 1468 (discussing and quoting FTC v. Grolier Inc., 462 U.S. 19, 27-28 , 103 S.Ct. 2209 , 76 L.Ed.2d 387 (1983)).

2013Only by construing the Exemption to provide a categorical rule can the Act’s purpose of expediting disclosure by means of workable rules be furthered.’ ” Reporters Committee, 489 U.S. at 779 , 109 S.Ct. 1468 (discussing and quoting FTC v. Grolier Inc., 462 U.S. 19, 27-28 , 103 S.Ct. 2209 , 76 L.Ed.2d 387 (1983)).

12013–2013
State v. Hancock green
ohio · 2006
1 sentence

2013Id.

12013–2013

Where else courts name it

CA 228 (1974–2026) WA 92 (1980–2026) TX 84 (1965–2026) IA 76 (1996–2025) IL 66 (1983–2026) FL 54 (1959–2026) KS 45 (1994–2026) MI 44 (1991–2025) OR 37 (1994–2026) CO 36 (1987–2026) PA 34 (1971–2026) WI 32 (1999–2026) LA 28 (1977–2022) MN 27 (1988–2026) NC 25 (1987–2026) UT 25 (1999–2026) NJ 24 (1980–2026) NM 20 (1999–2025) OH 19 (1996–2026) GA 19 (2008–2024) NY 18 (1990–2024) AZ 18 (1969–2026) SC 17 (2011–2022) MT 16 (2007–2022) DC 16 (1993–2025) MA 14 (1997–2024) MD 14 (1995–2025) VA 14 (1957–2024) ID 12 (1991–2024) IN 11 (2012–2026) MO 11 (2013–2025) WY 10 (1983–2019) AR 10 (2001–2026) TN 9 (1985–2018) KY 9 (2013–2026) OK 8 (2016–2023) AL 8 (1920–2016) MS 8 (2009–2022) NH 8 (2003–2019) HI 7 (1998–2017) SD 7 (2007–2025) CT 6 (2011–2023) ND 6 (1997–2016) NE 6 (2003–2017) AK 5 (1998–2023) RI 5 (1984–2025) ME 4 (1980–2017) VT 3 (1988–2009) NV 3 (1990–2026) DE 3 (2015–2026)

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.

← Caselaw search · G Cite Topics · Brief Check