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9 Kentucky opinions name it 2 courts 2004–2015 0 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 |
|---|---|---|
Hoskins v. Mariclegreen2 sentences2014In Hoskins v. Maricle, 150 S.W.3d 1, 10 (Ky.2004), this Court reaffirmed the Bender approach and held that “[a] writ of prohibition may be granted upon a showing ... that the lower court is acting or is about to act erroneously, although within its jurisdiction, and there exists no adequate remedy by appeal or otherwise and great injustice and irreparable injury will result if the petition is not granted.” We also reaffirmed Bender’s further explanation that “no adequate remedy by appeal or otherwise” and “great and irreparable injury” are preliminary determinations to be made, generally at le 2014In Hoskins v. Maricle, 150 S.W.3d 1, 10 (Ky.2004), this Court reaffirmed the Bender approach and held that “[a] writ of prohibition may be granted upon a showing ... that the lower court is acting or is about to act erroneously, although within its jurisdiction, and there exists no adequate remedy by appeal or otherwise and great injustice and irreparable injury will result if the petition is not granted.” We also reaffirmed Bender’s further explanation that “no adequate remedy by appeal or otherwise” and “great and irreparable injury” are preliminary determinations to be made, generally at le | 5 | 5 |
Bender v. Eatongreen2 sentences2015The standard "is a practical and convenient formula for determining, prior to deciding the issue of alleged error, if petitioner may avail himself of this remedy." Bender, 343 S.W.2d at 801 . 2015The standard "is a practical and convenient formula for determining, prior to deciding the issue of alleged error, if petitioner may avail himself of this remedy." Bender, 343 S.W.2d at 801 . | 4 | 9 |
Cox v. Bradengreen1 sentence2014This approach is necessary lest we short circuit the normal appeal process by deciding issues prematurely; it “reduc[es] interference with other courts[;] ... [and it minimizes our having] to decide issues on an abbreviated and unsubstantiated record.” Cox v. Braden, 266 S.W.3d 792, 797 (Ky.2008). | 1 | 1 |
Gilbert v. McDonald-Burkmangreen1 sentence2012Gilbert v. McDonald-Burkman, 320 S.W.3d 79, 84 (Ky.2010); Hoskins, 150 S.W.3d at 18 (“[0]nly after determining that the prerequisites exist will the court decide whether an error occurred for which a writ should issue.”); Bender v. Eaton, 343 S.W.2d 799, 801 (Ky.1961) (“This is a practical and convenient formula for determining, prior to deciding the issue of alleged error, if petitioner may avail himself of this remedy.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
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.