knowing waiver (Kentucky) · Go Syfert
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knowing waiver in Kentucky

9 Kentucky opinions name it 2 courts 1987–2026 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 (7)

CaseFollowedCited
Holt v. Holtgreen
kyctapp · 2015 · cited in 1 Kentucky opinions naming this issue, 2026–2026
1 sentence

2026Finally, Matthew argues he was denied Due Process because the family court never asked him “whether he wished to testify, never advised him of -12- the significance of declining testimony, and never obtained a knowing waiver on the record.” “Due process requires an evidentiary hearing and a meaningful opportunity to be heard prior to the entry of a DVO.” Cottrell v. Cottrell, 571 S.W.3d 590, 592 (Ky. App. 2019) (citation omitted). “[A] party has a meaningful opportunity to be heard where the trial court allows each party to present evidence and give sworn testimony before making a decision.” H

11
Cottrell v. Cottrellgreen
kyctapp · 2019 · cited in 1 Kentucky opinions naming this issue, 2026–2026
1 sentence

2026Finally, Matthew argues he was denied Due Process because the family court never asked him “whether he wished to testify, never advised him of -12- the significance of declining testimony, and never obtained a knowing waiver on the record.” “Due process requires an evidentiary hearing and a meaningful opportunity to be heard prior to the entry of a DVO.” Cottrell v. Cottrell, 571 S.W.3d 590, 592 (Ky. App. 2019) (citation omitted). “[A] party has a meaningful opportunity to be heard where the trial court allows each party to present evidence and give sworn testimony before making a decision.” H

11
Louisville Mall Associates, LP v. Wood Center Properties, LLCgreen
kyctapp · 2012 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022Properties, LLC, 361 S.W.3d 323, 336 (Ky. App. 2012).

11
Goldsmith v. Fifth Third Bankgreen
kyctapp · 2009 · cited in 1 Kentucky opinions naming this issue, 2012–2012
1 sentence

2012See Goldsmith v. Fifth Third Bank, 297 S.W.3d 898, 903 (Ky.App.2009).

11
Johnson v. Zerbstgreen
scotus · 1938 · cited in 1 Kentucky opinions naming this issue, 2003–2003
2 sentences

2003See, e.g., Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938) (Waiver of the constitutional right to counsel must be affirmatively shown on the record and the waiver must be knowingly and intelligently made.) But *45 no constitutional rights are implicated in Johnson’s waiver of his statutory right to a maximum aggregate sentence of twenty years’ imprisonment.

2003See, e.g., Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938) (Waiver of the constitutional right to counsel must be affirmatively shown on the record and the waiver must be knowingly and intelligently made.) But *45 no constitutional rights are implicated in Johnson’s waiver of his statutory right to a maximum aggregate sentence of twenty years’ imprisonment.

11
Bailey v. Runyongreen
kyctapp · 1956 · cited in 1 Kentucky opinions naming this issue, 1998–1998
2 sentences

1998Bailey v. Runyon, Ky., 293 S.W.2d 631, 633 (1956).

1998Bailey v. Runyon, Ky., 293 S.W.2d 631, 633 (1956).

11
Kentucky Unemployment Insurance Commission v. Kinggreen
kyctapp · 1983 · cited in 1 Kentucky opinions naming this issue, 1995–1995
1 sentence

1995We are firmly convinced that the decision of the trial judge falls within the reasoning set out in Kentucky Unemployment Commission v. King, Ky.App., 657 S.W.2d 250, 251 (1983): It is said at 76 Am.Jur.2d Unemployment Compensation § 52 that “[t]he basic principle at the root of an unemployment compensation statute ... is ... the benefit of persons unemployed through no fault of their own.” The section continues by noting that “an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules” would support exclusion from benefits whereas “mere mist

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 (3)

CaseCitedYears
Graves v. Commonwealth green
ky · 2012
1 sentence

2024The Commonwealth argues that Porter voluntarily waiver her presence at trial and that even if error occurred, it did not rise to the level of palpable error. 15 RCr 8.28(1) provides: 15 The Commonwealth argues first, citing Graves v. Commonwealth, 384 S.W.3d 144 (Ky. 2012), that Porter’s claim of error should not be reviewed because of invited error, i.e., Porter knowingly relinquished the right to be present and is “splitting hairs” as to whether she waived her absence for all of the medical examiner’s testimony.

12024–2024
Commonwealth v. Pace green
kyctapp · 2000
1 sentence

2015Commonwealth v. Pace, 15 S.W.3d 393 (Ky.App.2000) (attorney’s merely negligent failure to appear at sentencing' hearing did not support finding of criminal contempt).

12015–2015
Britt v. Commonwealth green
kyctapphigh · 1974
1 sentence

1987Britt v. Commonwealth, Ky. 512 S.W.2d 496 (1974).

11987–1987

Where else courts name it

IL 153 (1966–2026) NY 128 (1965–2026) CA 86 (1972–2026) PA 74 (1969–2026) TX 60 (1970–2024) FL 54 (1981–2026) NJ 43 (1981–2025) LA 40 (1979–2020) OR 40 (1968–2025) IN 39 (1974–2025) MA 37 (1975–2024) MO 31 (1968–2025) TN 30 (1994–2020) WA 30 (1975–2025) AZ 29 (1976–2025) OH 27 (1984–2026) GA 26 (1978–2026) MI 22 (1976–2025) MD 22 (1971–2025) MN 22 (1985–2026) DE 19 (1978–2025) CT 17 (1985–2019) WI 17 (1979–2022) WV 16 (1995–2023) NC 15 (1983–2021) KS 10 (1978–2026) MS 9 (1992–2013) KY 9 (1987–2026) AL 9 (1984–2013) DC 8 (1971–2009) UT 7 (1988–2025) AR 7 (1979–2016) CO 7 (1984–2015) NV 7 (2011–2025) AK 6 (1980–2009) OK 5 (1969–2018) HI 5 (1982–2022) IA 5 (1985–2024) MT 4 (1988–2012) NH 4 (1980–2024) ND 4 (1996–2013) VT 4 (1983–2005) RI 4 (1996–2011) VA 3 (2013–2016) ID 3 (1987–2013) SC 2 (1976–2003) SD 2 (1919–1993) NE 2 (1970–2004) ME 2 (1994–2005)

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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