continuance error (Kentucky) · Go Syfert
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continuance error in Kentucky

9 Kentucky opinions name it 3 courts 1913–2025 5 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 (4)

CaseFollowedCited
Larry Massie v. Deborah Navygreen
ky · 2016 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025The Court further stated that “we will not find palpable error in this instance when the trial court was given no opportunity to err.” Id. at 853 ; see also Massie v. Navy, 487 S.W.3d 443, 446 (Ky. 2016). -6- In this case, the circuit court was given no opportunity to consider the alleged error by the DRC regarding the continuance of the hearing as no objection or exception to the DRC’s recommendation was filed.

11
Guenther v. Guenthergreen
kyctapp · 2012 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024“Certainly any continuance of the [DVO] hearing should be in the sound discretion of the court, mindful of the purposes of the statute, and for good cause.” Guenther v. Guenther, 379 S.W.3d 796, 801 (Ky. App. 2012).2 Further, a circuit court’s failure to issue a DVO within 14 days of the EPO does not deprive the court of jurisdiction in the matter.

11
United States v. Sidney Sellergreen
ca7 · 2011 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021In support of this argument, Vick cites United States v. Sellers, 645 F.3d 830, 837 (7th Cir. 2011), a case in which the Seventh Circuit Court of Appeals held the trial court did not properly consider the factors weighing for and against the requested continuance and noted the district court failed to ask either prior or new counsel how long substitute counsel would need to prepare adequately for trial.

11
Maye v. Commonwealthgreen
kyctapphigh · 1965 · cited in 1 Kentucky opinions naming this issue, 1965–1965
1 sentence

1965Cf. Maye v. Commonwealth, Ky., 386 S.W.2d 731, 733 (1965); Jones v. Commonwealth, Ky., 388 S.W.2d 601 (decided March 26, 1965).

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 (8)

CaseCitedYears
Norton Healthcare, Inc. v. Deng green
ky · 2016
1 sentence

2025The Court further stated that “we will not find palpable error in this instance when the trial court was given no opportunity to err.” Id. at 853 ; see also Massie v. Navy, 487 S.W.3d 443, 446 (Ky. 2016). -6- In this case, the circuit court was given no opportunity to consider the alleged error by the DRC regarding the continuance of the hearing as no objection or exception to the DRC’s recommendation was filed.

12025–2025
Guffey v. Guffey green
kyctapp · 2010
1 sentence

2024“With respect to the denial of a continuance, our standard of review is whether the court abused its discretion.” Guffey, 323 S.W.3d at 371 .

12024–2024
Wheat v. United States green
scotus · 1988
2 sentences

2023Of course, “the right to select and be represented by one’s preferred attorney is comprehended by the Sixth Amendment” but “the essential aim of the Amendment is to guarantee an effective advocate for each criminal defendant rather than to ensure that a defendant will inexorably be represented by the lawyer whom he prefers.” Wheat v. United States, 486 U.S. 153, 159 , 108 S. Ct. 1692, 1697 , 100 L.

2023Of course, “the right to select and be represented by one’s preferred attorney is comprehended by the Sixth Amendment” but “the essential aim of the Amendment is to guarantee an effective advocate for each criminal defendant rather than to ensure that a defendant will inexorably be represented by the lawyer whom he prefers.” Wheat v. United States, 486 U.S. 153, 159 , 108 S. Ct. 1692, 1697 , 100 L.

12023–2023
Wilcher v. Commonwealth green
kyctapphigh · 1944
2 sentences

1968The return shows that the sheriff attempted to serve the subpoena but could not find the witness.' Adams claims that the falure to grant the continuance was such error that the post conviction relief should be granted and cites Lay v. Commonwealth, 186 Ky. 163 , 216 S.W. 123 (1919) and Wilcher v. Commonwealth, 297 Ky. 36 , 178 S.W.2d 949 (1944).

1968The return shows that the sheriff attempted to serve the subpoena but could not find the witness.' Adams claims that the falure to grant the continuance was such error that the post conviction relief should be granted and cites Lay v. Commonwealth, 186 Ky. 163 , 216 S.W. 123 (1919) and Wilcher v. Commonwealth, 297 Ky. 36 , 178 S.W.2d 949 (1944).

11968–1968
Lay v. Commonwealth neutral
kyctapp · 1919
2 sentences

1968The return shows that the sheriff attempted to serve the subpoena but could not find the witness.' Adams claims that the falure to grant the continuance was such error that the post conviction relief should be granted and cites Lay v. Commonwealth, 186 Ky. 163 , 216 S.W. 123 (1919) and Wilcher v. Commonwealth, 297 Ky. 36 , 178 S.W.2d 949 (1944).

1968The return shows that the sheriff attempted to serve the subpoena but could not find the witness.' Adams claims that the falure to grant the continuance was such error that the post conviction relief should be granted and cites Lay v. Commonwealth, 186 Ky. 163 , 216 S.W. 123 (1919) and Wilcher v. Commonwealth, 297 Ky. 36 , 178 S.W.2d 949 (1944).

11968–1968
Jones v. Commonwealth green
kyctapphigh · 1965
1 sentence

1965Cf. Maye v. Commonwealth, Ky., 386 S.W.2d 731, 733 (1965); Jones v. Commonwealth, Ky., 388 S.W.2d 601 (decided March 26, 1965).

11965–1965
Armstrong v. Commonwealth green
kyctapp · 1917
1 sentence

1920Armstrong v. Comlth., 177 Ky. 690 .

11920–1920
Mount v. Commonwealth green
· 1905
1 sentence

1913Mount v. Commonwealth, 120 Ky., 398 ; Davis v. Commonwealth, 121 S. W., 429 .

11913–1913

Where else courts name it

CA 142 (1898–2026) TX 43 (1951–2025) GA 40 (1923–2021) OH 37 (1962–2026) IL 32 (1970–2025) FL 30 (1966–2026) NY 27 (1867–2022) WA 23 (1980–2026) LA 22 (1951–2024) AL 21 (1975–2025) MS 19 (1955–2022) PA 18 (1933–2026) AR 17 (1970–2025) IN 14 (1978–2026) CO 14 (1968–2025) IA 13 (1933–2023) NE 13 (1914–2023) MO 13 (1904–2020) KS 10 (1953–2021) OR 10 (1935–2025) NM 10 (1966–2020) KY 9 (1913–2025) OK 8 (1911–2022) CT 8 (1947–2025) MT 7 (1930–2018) TN 7 (1984–2024) NC 7 (1940–2026) MD 6 (1984–2024) SC 6 (2002–2022) MA 6 (1896–2008) MI 5 (1969–2017) WV 5 (1968–2025) WY 5 (1978–2020) AZ 5 (1938–1991) MN 4 (1903–1996) DC 4 (1953–1996) DE 4 (1994–2022) RI 4 (1987–2018) VA 3 (1997–2009) NJ 3 (1967–2019) UT 3 (2014–2020) ME 3 (1978–2010) AK 2 (1976–1990) HI 2 (2007–2023) NH 2 (1962–2019) ND 2 (1991–2014) WI 2 (2004–2004) ID 2 (1973–1981)

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.

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