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9 Kentucky opinions name it 2 courts 2008–2025 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.
| Case | Followed | Cited |
|---|---|---|
Dixon v. Commonwealthgreen1 sentence2025Dixon 24 v. Commonwealth, 263 S.W.3d 583, 586 (Ky. 2008). | 1 | 1 |
Marshall v. Commonwealthgreen1 sentence2024According to Carr, his participation in the theft of the Hummer was not sufficient evidence to substantiate complicity in Rader’s murder citing to Marshall v. Commonwealth, 60 S.W.3d 513, 518 (Ky. 2001), where we stated “although intent that a victim 1 The complicity instruction made Carr’s conviction dependent on the jury finding: (a) “. . . | 1 | 1 |
Beaumont v. Commonwealthgreen1 sentence2024Beaumont v. Commonwealth, 295 S.W.3d 60, 69 (Ky. 2009) (“Complicit conduct can be shown through . . . the existence of a basic conspiracy . . . .”), he was not also entitled to a facilitation instruction because he was not “wholly indifferent to the actual completion of the crime, i.e., without the intent that the crime be committed.” Thompkins v. Commonwealth, 54 S.W.3d 147, 151 (Ky. 2001). | 1 | 1 |
Thompkins v. Commonwealthgreen1 sentence2024Beaumont v. Commonwealth, 295 S.W.3d 60, 69 (Ky. 2009) (“Complicit conduct can be shown through . . . the existence of a basic conspiracy . . . .”), he was not also entitled to a facilitation instruction because he was not “wholly indifferent to the actual completion of the crime, i.e., without the intent that the crime be committed.” Thompkins v. Commonwealth, 54 S.W.3d 147, 151 (Ky. 2001). | 1 | 1 |
Cheatham v. Chabalgreen1 sentence2020When presented with a complicity instruction, the jury may disbelieve the evidence supporting a finding that the defendant intended the crime be committed and consequently find the defendant not guilty of complicity. 178 S.W.3d at 490 (quoting Cheatham, 192 S.W.2d at 814). | 1 | 1 |
Futrell v. Commonwealthgreen1 sentence2016The misdrafting of Part C deprived the Commonwealth of a theory of guilt that was amply supported by the evidence because, literally read, it does not present the option of finding Appellant guilty if he acted in complicity with Megan; it states the opposite— Megan acting in complicity with him, making it redundant to Parts A and B. 3 Relief under palpable error review "may be granted if the error resulted in 3 Futrell v. Commonwealth, 471 S.W.3d 258, 280-81 (Ky. 2015), provides another example of misdrafted complicity to murder instructions wherein the defendant was identified in the complici | 1 | 1 |
Chumbler v. Commonwealthgreen1 sentence2012Chumbler v. Commonwealth, 905 S.W.2d 488, 499 (Ky.1995) (defendant did not adequately preserve for appellate review the issue of whether the complicity instruction presented to jury was improper where, although defendant tendered alternative instruction, she did not make specific objection to complicity instruction given by the trial court, and did not state specifically grounds on which she believed the court’s instruction was improper); Luckett v. Commonwealth, 550 S.W.2d 517, 520 (Ky.1977) (“Appellant’s failure to properly object constituted a waiver of his right to later complain.”); Commo | 1 | 1 |
Luckett v. Commonwealthgreen1 sentence2012Chumbler v. Commonwealth, 905 S.W.2d 488, 499 (Ky.1995) (defendant did not adequately preserve for appellate review the issue of whether the complicity instruction presented to jury was improper where, although defendant tendered alternative instruction, she did not make specific objection to complicity instruction given by the trial court, and did not state specifically grounds on which she believed the court’s instruction was improper); Luckett v. Commonwealth, 550 S.W.2d 517, 520 (Ky.1977) (“Appellant’s failure to properly object constituted a waiver of his right to later complain.”); Commo | 1 | 1 |
Commonwealth v. Dukegreen1 sentence2012Chumbler v. Commonwealth, 905 S.W.2d 488, 499 (Ky.1995) (defendant did not adequately preserve for appellate review the issue of whether the complicity instruction presented to jury was improper where, although defendant tendered alternative instruction, she did not make specific objection to complicity instruction given by the trial court, and did not state specifically grounds on which she believed the court’s instruction was improper); Luckett v. Commonwealth, 550 S.W.2d 517, 520 (Ky.1977) (“Appellant’s failure to properly object constituted a waiver of his right to later complain.”); Commo | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
White v. Commonwealth
green
1 sentence2020When presented with a complicity instruction, the jury may disbelieve the evidence supporting a finding that the defendant intended the crime be committed and consequently find the defendant not guilty of complicity. 178 S.W.3d at 490 (quoting Cheatham, 192 S.W.2d at 814). | 1 | 2020–2020 |
Wolbrecht v. Commonwealth
green
1 sentence2017Id. at 536-37 . | 1 | 2017–2017 |
Smith v. Commonwealth
green
2 sentences2014For example, in Smith v. Commonwealth, 370 S.W.3d 871 (Ky.2012), the Court considered a complicity instruction for second-degree assault that, on its face, omitted the intent element. 2014The Court nevertheless held that the instructions were adequate because the requisite mental state was incorporated by reference into the main instruction by the separate definition of “complicity.” Id. at 879 . | 1 | 2014–2014 |
Parks v. Commonwealth
green
2 sentences2008Appellant next argues that the trial court erred by giving the jury an alternative instruction whereby they could find him guilty either of intending to manufacture methamphetamine or of complicity, citing Parks v. Commonwealth, 192 S.W.3d 318 (Ky.2006). 2008Appellant next argues that the trial court erred by giving the jury an alternative instruction whereby they could find him guilty either of intending to manufacture methamphetamine or of complicity, citing Parks v. Commonwealth, 192 S.W.3d 318 (Ky.2006). | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.