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

9 Kentucky opinions name it 3 courts 1959–2026 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 (2)

CaseFollowedCited
Stoker v. Commonwealthgreen
ky · 1992 · cited in 1 Kentucky opinions naming this issue, 1992–1992
2 sentences

1992As stated in Stoker v. Commonwealth, Ky., 828 S.W.2d 619, 627 (1992), the "rule of lenity [still] applies in interpreting criminal statutes." The Majority decision in this case, which classifies unlawful entry into an abandoned, uninhabited and condemned building as Burglary I whereas it could not qualify as Burglary II, is an obvious violation of the rule of lenity.

1992As stated in Stoker v. Commonwealth, Ky., 828 S.W.2d 619, 627 (1992), the “rule of lenity [still] applies in interpreting criminal statutes.” The Majority decision in this case, which classifies unlawful entry into an abandoned, uninhabited and condemned building as Burglary I whereas it could not qualify as Burglary II, is an obvious violation of the rule of lenity.

11
Citizens Telephone Co. v. Andersongreen
kyctapp · 1956 · cited in 1 Kentucky opinions naming this issue, 1962–1962
1 sentence

1962See Citizens Telephone Co. v. Anderson, Ky. 1956, 291 S.W.2d 527, 529 ; Illinois Cent.

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 (7)

CaseCitedYears
Sanders v. Commonwealth green
ky · 1990
1 sentence

2026“Obvious factors bearing on the likelihood of the bias are the similarity between the crimes, the 8 length of time since the prospective juror’s experience, and the degree of trauma the prospective juror suffered.” Id.

12026–2026
Teague v. Commonwealth green
kyctapp · 2014
1 sentence

2022Teague, 428 S.W.3d at 632 . -27- because the lack of findings is an obvious error, we summarily reverse and remand so the trial court may make the necessary findings.

12022–2022
Brown v. Commonwealth green
ky · 2010
1 sentence

2022It is the totality of all the circumstances, however, and the prospective juror’s responses that must inform the trial court’s ruling. -17- Id.

12022–2022
Asher v. Commonwealth neutral
kyctapp · 1959
1 sentence

1989Id. at 826 .

11989–1989
Mercer v. Commonwealth green
kyctapphigh · 1959
2 sentences

1968For the correct method of instructing in such a case see Mercer v. Commonwealth, Ky., 330 S.W.2d 734, 737 , 99 A.L.R.2d 1 (1960).

1968For the correct method of instructing in such a case see Mercer v. Commonwealth, Ky., 330 S.W.2d 734, 737 , 99 A.L.R.2d 1 (1960).

11968–1968
Bailey v. Ashland Discount Ass'n neutral
kyctapp · 1966
1 sentence

1966Bailey et al. v. Ashland Discount Association, Inc., Ky., 400 S.W.2d 508 .

11966–1966
Hall v. Commonwealth neutral
kyctapphigh · 1931
2 sentences

1959In Hall v. Commonwealth, 241 Ky. 72 , 43 S.W.2d 346, 347 , we said: The trial court permitted the commonwealth, over appellant’s objections,, to prove by a number of witnesses that appellant had sold and had in his possession intoxicating liquor on occasions, other than the one charged in the indictment.

1959In Hall v. Commonwealth, 241 Ky. 72 , 43 S.W.2d 346, 347 , we said: The trial court permitted the commonwealth, over appellant’s objections,, to prove by a number of witnesses that appellant had sold and had in his possession intoxicating liquor on occasions, other than the one charged in the indictment.

11959–1959

Where else courts name it

OH 593 (1987–2026) ME 241 (1966–2026) ND 206 (1974–2026) CA 95 (1896–2026) MI 54 (1871–2026) UT 53 (1993–2026) TX 52 (1912–2025) WA 50 (1918–2026) GA 40 (1850–2024) PA 40 (1908–2025) IL 39 (1907–2025) NY 39 (1838–2024) CT 33 (1951–2025) MD 31 (1906–2026) AL 29 (1847–2026) MA 26 (1928–2025) MO 24 (1886–2022) OK 22 (1915–2024) FL 20 (1961–2014) CO 19 (1978–2026) NC 16 (1862–2021) NJ 15 (1884–2022) MS 14 (1844–2026) LA 14 (1871–2014) DC 14 (1957–2017) IN 12 (1842–2017) IA 11 (1880–2023) OR 11 (1904–2026) NM 11 (1914–2023) NE 11 (1902–2016) TN 9 (1829–2026) KY 9 (1959–2026) WY 7 (1983–2020) AR 7 (1910–2017) KS 7 (1891–2001) AK 7 (1982–2025) VT 6 (1988–2026) WI 5 (1971–2023) HI 5 (1951–2019) VA 5 (1884–2014) NH 4 (1847–1995) WV 4 (1947–1995) MN 4 (1964–2010) RI 4 (1902–2019) DE 3 (1972–2025) AZ 3 (1900–2006) NV 3 (1929–2000) MT 2 (1886–2015) SD 2 (1990–2003)

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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