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9 Kentucky opinions name it 3 courts 1919–2025 4 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. Sawhillgreen2 sentences2025In considering whether a motion for directed verdict should be granted, “[t]he trial court must draw all fair and reasonable inferences from the evidence in favor of the party opposing the motion, and a directed verdict should not be given unless the evidence is insufficient to sustain a conviction.” Commonwealth v. Sawhill, 660 S.W.2d 3, 5 (Ky. 1983). 2025In considering whether a motion for directed verdict should be granted, “[t]he trial court must draw all fair and reasonable inferences from the evidence in favor of the party opposing the motion, and a directed verdict should not be given unless the evidence is insufficient to sustain a conviction.” Commonwealth v. Sawhill, 660 S.W.2d 3, 5 (Ky. 1983). | 2 | 2 |
Potts v. Commonwealthgreen1 sentence2023Beraut’s claim of “partial preservation” is incorrect because a failure to renew a directed verdict motion results in unpreserved error. “[E]ven the most specific motion for a directed verdict that is made at the close of the Commonwealth’s case but not renewed at the close of all evidence . . . is insufficient to preserve an error based on insufficiency of the evidence.” Early v. Commonwealth, 470 S.W.3d 729, 733 (Ky. 2015) (internal quotation marks and citation omitted). -9- Nonetheless, an unpreserved directed verdict motion may still be reviewed for palpable error under RCr4 10.26; see Pot | 1 | 1 |
Derek Early v. Commonwealth of Kentuckygreen1 sentence2023Beraut’s claim of “partial preservation” is incorrect because a failure to renew a directed verdict motion results in unpreserved error. “[E]ven the most specific motion for a directed verdict that is made at the close of the Commonwealth’s case but not renewed at the close of all evidence . . . is insufficient to preserve an error based on insufficiency of the evidence.” Early v. Commonwealth, 470 S.W.3d 729, 733 (Ky. 2015) (internal quotation marks and citation omitted). -9- Nonetheless, an unpreserved directed verdict motion may still be reviewed for palpable error under RCr4 10.26; see Pot | 1 | 1 |
Caneyville Volunteer Fire Department v. Green's Motorcycle Salvage, Inc.green1 sentence2012And in the close immunity cases, where the issue was whether sovereign immunity extended to a particular entity, we recognized that while there are a number of factorial considerations, “Kentucky plac[es] greater weight on the extent to which the entity engages in an essential [state] government function.” Caneyville Volunteer Fire Dep’t v. Green’s Motorcycle Salvage, Inc., 286 S.W.3d 790, 804 (Ky.2009) (citing Kentucky Ctr. for the Arts v. Berns, 801 S.W.2d 327, 332 (Ky.1990); Schwindel v. Meade Cnty., 113 S.W.3d 159, 168 (Ky.2003); Autry v. Western Ky. Univ., 219 S.W.3d 713, 717 (Ky.2007)). | 1 | 1 |
Schwindel v. Meade Countygreen1 sentence2012And in the close immunity cases, where the issue was whether sovereign immunity extended to a particular entity, we recognized that while there are a number of factorial considerations, “Kentucky plac[es] greater weight on the extent to which the entity engages in an essential [state] government function.” Caneyville Volunteer Fire Dep’t v. Green’s Motorcycle Salvage, Inc., 286 S.W.3d 790, 804 (Ky.2009) (citing Kentucky Ctr. for the Arts v. Berns, 801 S.W.2d 327, 332 (Ky.1990); Schwindel v. Meade Cnty., 113 S.W.3d 159, 168 (Ky.2003); Autry v. Western Ky. Univ., 219 S.W.3d 713, 717 (Ky.2007)). | 1 | 1 |
Autry v. Western Kentucky Universitygreen1 sentence2012And in the close immunity cases, where the issue was whether sovereign immunity extended to a particular entity, we recognized that while there are a number of factorial considerations, “Kentucky plac[es] greater weight on the extent to which the entity engages in an essential [state] government function.” Caneyville Volunteer Fire Dep’t v. Green’s Motorcycle Salvage, Inc., 286 S.W.3d 790, 804 (Ky.2009) (citing Kentucky Ctr. for the Arts v. Berns, 801 S.W.2d 327, 332 (Ky.1990); Schwindel v. Meade Cnty., 113 S.W.3d 159, 168 (Ky.2003); Autry v. Western Ky. Univ., 219 S.W.3d 713, 717 (Ky.2007)). | 1 | 1 |
Kentucky Center for the Arts Corp. v. Bernsgreen1 sentence2012And in the close immunity cases, where the issue was whether sovereign immunity extended to a particular entity, we recognized that while there are a number of factorial considerations, “Kentucky plac[es] greater weight on the extent to which the entity engages in an essential [state] government function.” Caneyville Volunteer Fire Dep’t v. Green’s Motorcycle Salvage, Inc., 286 S.W.3d 790, 804 (Ky.2009) (citing Kentucky Ctr. for the Arts v. Berns, 801 S.W.2d 327, 332 (Ky.1990); Schwindel v. Meade Cnty., 113 S.W.3d 159, 168 (Ky.2003); Autry v. Western Ky. Univ., 219 S.W.3d 713, 717 (Ky.2007)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Collett v. Dailey
green
1 sentence2021Id. at 778-79 . -7- In the case before us, the family court stated at the close of the hearing that Austin “saw some of the signals that [he] saw before and wanted to take action before the child was hurt again.” Clearly, the family court believed that Austin was in fear of imminent physical injury to the child based upon his uncontroverted testimony regarding Alice’s behavior. | 1 | 2021–2021 |
Levi v. Gonzenbach
neutral
2 sentences1943It is a true rule, as contended by counsel for appellee, and, as we said in Levi v. Gozenbach, 236 Ky. 586 , 33 S. W. (2d) 657 , “if the testimony for a party and the inferences arising therefrom, tend to support his cause of action or defense, the question must be submitted to the jury. ’ ’ However, a close analysis of the testimony, relied upon by appellee to fix the negligence here charged upon appellant, is not sufficient for the purpose," nor did it create a sufficient inference or presumption to justify submission. 1943It is a true rule, as contended by counsel for appellee, and, as we said in Levi v. Gozenbach, 236 Ky. 586 , 33 S. W. (2d) 657 , “if the testimony for a party and the inferences arising therefrom, tend to support his cause of action or defense, the question must be submitted to the jury. ’ ’ However, a close analysis of the testimony, relied upon by appellee to fix the negligence here charged upon appellant, is not sufficient for the purpose," nor did it create a sufficient inference or presumption to justify submission. | 1 | 1943–1943 |
Commonwealth v. Daniel
neutral
2 sentences1939In Commonwealth v. Daniel, 266 Ky. 285 , 98 S. W. (2d) 897 , the facts are more in line with the facts in the present case than the cases supra, relied on by appellant. 1939In Commonwealth v. Daniel, 266 Ky. 285 , 98 S. W. (2d) 897 , the facts are more in line with the facts in the present case than the cases supra, relied on by appellant. | 1 | 1939–1939 |
McCown v. Gose
green
2 sentences1938The case of McCown v. Gose et al., 244 Ky. 402 , 51 S. W. (2d) 251 , holds that an ordinance requiring one desiring to erect a filling station in a residential block to obtain written consent of the owners of two-thirds of the property in such block is void, but it is apparent that the decision is based in a large part on the arbitrary, unreasonable and non-uniform features thereof' taken in connection with this consent aspect. 1938The case of McCown v. Gose et al., 244 Ky. 402 , 51 S. W. (2d) 251 , holds that an ordinance requiring one desiring to erect a filling station in a residential block to obtain written consent of the owners of two-thirds of the property in such block is void, but it is apparent that the decision is based in a large part on the arbitrary, unreasonable and non-uniform features thereof' taken in connection with this consent aspect. | 1 | 1938–1938 |
Droste v. Droste
green
1 sentence1919However, there exists in this jurisdiction, at least, a well grounded exception to the general rule contended for by plaintiff, and which exception may be found fully stated in the case of Droste v. Droste, 138 Ky. 53 . | 1 | 1919–1919 |
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.