elementary rule (Kentucky) · Go Syfert
← Kentucky issues

elementary rule in Kentucky

63 Kentucky opinions name it 3 courts 1891–2026 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 (26)

CaseFollowedCited
Merrick v. Smithgreen
kyctapp · 1961 · cited in 4 Kentucky opinions naming this issue, 2005–2021
2 sentences

2021We first ask if Nichols has alleged an injury in fact.16 In order to confer standing, an injury cannot be speculative but instead must be direct and imminent.17 In Merrick v. Smith, our predecessor court held “[i]t is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby.”18 Thus, for Nichols to have standing to claim that KRS 341.470(3) violates the separation-of-powers doctrine, he must show that his 14 Id. 15 Id. at 192 (“We hold that all Kentucky courts have the constitu

2021We first ask if Nichols has alleged an injury in fact.16 In order to confer standing, an injury cannot be speculative but instead must be direct and imminent.17 In Merrick v. Smith, our predecessor court held “[i]t is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby.”18 Thus, for Nichols to have standing to claim that KRS 341.470(3) violates the separation-of-powers doctrine, he must show that his 14 Id. 15 Id. at 192 (“We hold that all Kentucky courts have the constitu

44
Second Street Properties, Inc. v. Fiscal Court of Jefferson Countygreen
kyctapphigh · 1969 · cited in 3 Kentucky opinions naming this issue, 2005–2008
2 sentences

2008Properties, Inc. v. Fiscal Court of Jefferson County, 445 S.W.2d 709, 716 (Ky.1969); Merrick v. Smith, 347 S.W.2d 537, 538 (Ky.1961)(“It is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby”) The judgment of the Barren Circuit Court is affirmed.

2008Properties, Inc. v. Fiscal Court of Jefferson County, 445 S.W.2d 709, 716 (Ky. 1969); Merrick v. Smith, 347 S.W.2d 537, 538 (Ky.1961)("It is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby.") The judgment of the Barren Circuit Court is affirmed.

33
Warren v. Commonwealthgreen
kyctapphigh · 1953 · cited in 4 Kentucky opinions naming this issue, 1954–1958
2 sentences

1958See Ramsey v. Commonwealth, Ky., 267 S.W.2d 730 ; Warren v. Commonwealth, Ky., 256 S.W.2d 368 .

1956See Ramsey v. Commonwealth (Guinan v. Commonwealth), Ky., 267 S.W.2d 730 ; Warren v. Commonwealth, Ky., 256 S.W.2d 368 .

24
Hampton v. Commonwealthgreen
kyctapphigh · 1934 · cited in 3 Kentucky opinions naming this issue, 1944–2022
2 sentences

2022In beginning our analysis of the safe-harbor language contained in KRS 372.005, we note that “[i]t is an elementary rule of construction that effect must be given, if possible, to every word . . . of a statute.” Hampton v. -8- Commonwealth, 257 Ky. 626, 630 , 78 S.W.2d 748, 750 (1934) (citations omitted).

2022In beginning our analysis of the safe-harbor language contained in KRS 372.005, we note that “[i]t is an elementary rule of construction that effect must be given, if possible, to every word . . . of a statute.” Hampton v. -8- Commonwealth, 257 Ky. 626, 630 , 78 S.W.2d 748, 750 (1934) (citations omitted).

23
Griffith v. Commonwealthgreen
kyctapphigh · 1933 · cited in 2 Kentucky opinions naming this issue, 2017–2017
2 sentences

2017Griffith v. Commonwealth, 250 Ky. 506 , 63 S.W.2d 594, 596 (1933). 4 Like many common law rules of evidence that have been included in modern codes of evidence, KRE 801A(b)(2) derives its wisdom from an elementary rule of human nature that was long ago woven into the fabric of the common law.

2017Griffith v. Commonwealth, 250 Ky. 506 , 63 S.W.2d 594, 596 (1933). 4 Like many common law rules of evidence that have been included in modern codes of evidence, KRE 801A(b)(2) derives its wisdom from an elementary rule of human nature that was long ago woven into the fabric of the common law.

22
Tipton v. Brown, Director of Game and Fishgreen
kyctapphigh · 1939 · cited in 2 Kentucky opinions naming this issue, 2007–2015
2 sentences

2015Tipton v. Brown, 277 Ky. 625 , 126 S.W.2d 1067, 1071 (1939).

2015Tipton v. Brown, 277 Ky. 625 , 126 S.W.2d 1067, 1071 (1939).

22
Stein v. Kentucky State Tax Commissiongreen
kyctapphigh · 1936 · cited in 2 Kentucky opinions naming this issue, 2005–2005
2 sentences

2005Prop., Inc. v. Fiscal Court of Jefferson County, 445 S.W.2d 709, 716 (Ky.1969) (“Before one seeks to strike down a state statute he must show that the alleged unconstitutional feature injures him.”); Merrick v. Smith, 347 S.W.2d 537, 538 (Ky.1961) (“It is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby.”); Steel v. Meek, 312 Ky. 87 , 226 S.W.2d 542, 543 (1950) (constitutional challenge to statute governing absentee voting procedures on grounds that it made no provision

2005Prop., Inc. v. Fiscal Court of Jefferson County, 445 S.W.2d 709, 716 (Ky.1969) (“Before one seeks to strike down a state statute he must show that the alleged unconstitutional feature injures him.”); Merrick v. Smith, 347 S.W.2d 537, 538 (Ky.1961) (“It is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby.”); Steel v. Meek, 312 Ky. 87 , 226 S.W.2d 542, 543 (1950) (constitutional challenge to statute governing absentee voting procedures on grounds that it made no provision

22
Steel v. Meekgreen
kyctapp · 1950 · cited in 2 Kentucky opinions naming this issue, 2005–2005
2 sentences

2005Prop., Inc. v. Fiscal Court of Jefferson County, 445 S.W.2d 709, 716 (Ky.1969) (“Before one seeks to strike down a state statute he must show that the alleged unconstitutional feature injures him.”); Merrick v. Smith, 347 S.W.2d 537, 538 (Ky.1961) (“It is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby.”); Steel v. Meek, 312 Ky. 87 , 226 S.W.2d 542, 543 (1950) (constitutional challenge to statute governing absentee voting procedures on grounds that it made no provision

2005Prop., Inc. v. Fiscal Court of Jefferson County, 445 S.W.2d 709, 716 (Ky.1969) (“Before one seeks to strike down a state statute he must show that the alleged unconstitutional feature injures him.”); Merrick v. Smith, 347 S.W.2d 537, 538 (Ky.1961) (“It is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby.”); Steel v. Meek, 312 Ky. 87 , 226 S.W.2d 542, 543 (1950) (constitutional challenge to statute governing absentee voting procedures on grounds that it made no provision

22
Ramsey v. Commonwealthgreen
kyctapp · 1954 · cited in 2 Kentucky opinions naming this issue, 1956–1958
2 sentences

1958See Ramsey v. Commonwealth, Ky., 267 S.W.2d 730 ; Warren v. Commonwealth, Ky., 256 S.W.2d 368 .

1956See Ramsey v. Commonwealth (Guinan v. Commonwealth), Ky., 267 S.W.2d 730 ; Warren v. Commonwealth, Ky., 256 S.W.2d 368 .

22
United States v. Standard Brewery, Inc.green
· 1920 · cited in 2 Kentucky opinions naming this issue, 1934–2020
2 sentences

2020We have long held, “[i]t is an elementary rule of construction that effect must be given, if possible, to every word . . . of a statute.” Hampton v. Commonwealth, 78 S.W.2d 748, 750 (1934) (citing United States v. Standard Brewery, 251 U.S. 210, 40 (1920)).

1934United States v. Standard Brewery, 251 U. S. 210 , 40 S. Ct. 139 , 64 L.

12
Entwistle v. Carrier Conveyor Corporationgreen
kyctapphigh · 1955 · cited in 1 Kentucky opinions naming this issue, 2026–2026
1 sentence

2026Corp., 284 S.W.2d 820, 822-23 (Ky. 1955).

11
Mid-Continent Petroleum Corp. v. Barrettgreen
kyctapphigh · 1944 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024It is deemed his own fault if he does not expressly provide against contingencies and exempt himself from responsibility in -7- certain events.” Id. at 818-19 (quoting Mid-Continent Petroleum Company v. Barrett, 181 S.W.2d 60, 62 (Ky. 1944)).

11
McCall v. Courier-Journal & Louisville Times Co.green
ky · 1981 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024“It is an elementary principle of the law of libel that the defamatory matter complained of should be construed as a whole.” McCall v. Courier-Journal and Louisville Times Co., 623 S.W.2d 882, 884 (Ky. 1981) (citations omitted).

11
Commonwealth v. Sextongreen
moctapp · 2018 · cited in 1 Kentucky opinions naming this issue, 2021–2021
2 sentences

2021We first ask if Nichols has alleged an injury in fact.16 In order to confer standing, an injury cannot be speculative but instead must be direct and imminent.17 In Merrick v. Smith, our predecessor court held “[i]t is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby.”18 Thus, for Nichols to have standing to claim that KRS 341.470(3) violates the separation-of-powers doctrine, he must show that his 14 Id. 15 Id. at 192 (“We hold that all Kentucky courts have the constitu

2021We first ask if Nichols has alleged an injury in fact.16 In order to confer standing, an injury cannot be speculative but instead must be direct and imminent.17 In Merrick v. Smith, our predecessor court held “[i]t is an elementary principle that constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injured or jeopardized thereby.”18 Thus, for Nichols to have standing to claim that KRS 341.470(3) violates the separation-of-powers doctrine, he must show that his 14 Id. 15 Id. at 192 (“We hold that all Kentucky courts have the constitu

11
First Baptist Church of Ft. Worth v. Baptist Bible Sem.green
tex · 1961 · cited in 1 Kentucky opinions naming this issue, 2013–2013
1 sentence

2013As this Court recently noted in Tax Ease Lien Investments 1, LLC v. Commonwealth Bank & Trust, 384 S.W.3d 141, 143 (Ky.2012), for a party to have standing to bring an action it is imperative that the party have a “present or substantial” interest in the matter litigated and not simply a “mere expectancy.” In the realm of constitutional challenges, the rule was most concisely stated in Merrick v. Smith, 347 S.W.2d 587, 538 (Ky.1961): “It is an elementary principle that [the] constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injure

11
Tax Ease Lien Investments 1, LLC v. Commonwealth Bank & Trustgreen
ky · 2012 · cited in 1 Kentucky opinions naming this issue, 2013–2013
1 sentence

2013As this Court recently noted in Tax Ease Lien Investments 1, LLC v. Commonwealth Bank & Trust, 384 S.W.3d 141, 143 (Ky.2012), for a party to have standing to bring an action it is imperative that the party have a “present or substantial” interest in the matter litigated and not simply a “mere expectancy.” In the realm of constitutional challenges, the rule was most concisely stated in Merrick v. Smith, 347 S.W.2d 587, 538 (Ky.1961): “It is an elementary principle that [the] constitutionality of a law or its application is not open to challenge by a person or persons whose rights are not injure

11
Butcher v. Adamsgreen
kyctapphigh · 1949 · cited in 1 Kentucky opinions naming this issue, 2010–2010
2 sentences

2010However, it is also, “an elementary rule of statutory interpretation that whenever in the statutes on any particular subject there are apparent conflicts which cannot be reconciled, the later statute controls.” Butcher v. Adams, 310 Ky. 205 , 220 S.W.2d 398, 400 (1949) (emphasis added).

2010However, it is also, “an elementary rule of statutory interpretation that whenever in the statutes on any particular subject there are apparent conflicts which cannot be reconciled, the later statute controls.” Butcher v. Adams, 310 Ky. 205 , 220 S.W.2d 398, 400 (1949) (emphasis added).

11
Denham v. Commonwealthgreen
kyctapphigh · 1931 · cited in 1 Kentucky opinions naming this issue, 2006–2006
2 sentences

2006Baker v. Commonwealth, 307 S.W.2d 773, 775 (Ky. 1957) ("Indirect and circumstantial evidence may be the basis of establishing the necessary elements of an offense."); Denham v. Commonwealth, 239 Ky. 771 , 40 S.W.2d 384, 386 (1931) ("The corpus delicti may be established by circumstantial evidence as any other fact in the case." (Quotation omitted.)).

2006Baker v. Commonwealth, 307 S.W.2d 773, 775 (Ky. 1957) ("Indirect and circumstantial evidence may be the basis of establishing the necessary elements of an offense."); Denham v. Commonwealth, 239 Ky. 771 , 40 S.W.2d 384, 386 (1931) ("The corpus delicti may be established by circumstantial evidence as any other fact in the case." (Quotation omitted.)).

11
Baker v. Commonwealthgreen
kyctapphigh · 1957 · cited in 1 Kentucky opinions naming this issue, 2006–2006
2 sentences

2006Baker v. Commonwealth, 307 S.W.2d 773, 775 (Ky. 1957) (“Indirect and circumstantial evidence may be the basis of establishing the necessary elements of an offense.”); Denham v. Commonwealth, 239 Ky. 771 , 40 S.W.2d 384, 386 (1931) (“The corpus delicti may be established by circumstantial evidence as any other fact in the case.” (Quotation omitted.)).

2006Baker v. Commonwealth, 307 S.W.2d 773, 775 (Ky. 1957) ("Indirect and circumstantial evidence may be the basis of establishing the necessary elements of an offense."); Denham v. Commonwealth, 239 Ky. 771 , 40 S.W.2d 384, 386 (1931) ("The corpus delicti may be established by circumstantial evidence as any other fact in the case." (Quotation omitted.)).

11
United States v. Health Possibilities, P.S.C.green
ca6 · 2000 · cited in 1 Kentucky opinions naming this issue, 2006–2006
2 sentences

2006If, in fact, the Member of this Court who has changed his mind about Kotila “was seduced by a metaphysical infatuation which led to an absurdity,” ante, at 603, then it was a self-seduction, because that very same Member (Justice Graves) was the author of Hayward . 1 Following Hayward and the first rule of statutory construction, i.e., “the language of the statute itself,” United States v. Health Possibilities, P.S.C., 207 F.3d 335, 338-39 (6th Cir.2000), Kotila then applied an elementary principle of English grammar: The word “the” is “[u]sed as a function word before a plural noun denoting a

2006If, in fact, the Member of this Court who has changed his mind about Kotila "was seduced by a metaphysical infatuation which led to an absurdity," ante, at 603, then it was a self-seduction, because that very same Member (Justice Graves) was the author of Hayward . [1] *612 Following Hayward and the first rule of statutory construction, i.e., "the language of the statute itself," United States v. Health Possibilities, P.S.C., 207 F.3d 335, 338-39 (6th Cir.2000), Kotila then applied an elementary principle of English grammar: The word "the" is "[u]sed as a function word before a plural noun den

11
Gibson v. Commonwealthgreen
kyctapphigh · 1925 · cited in 1 Kentucky opinions naming this issue, 2003–2003
2 sentences

2003See *424 also Gibson v. Commonwealth, 209 Ky. 101 , 272 S.W. 43 (1925) (“It is an elementary principle that where ... there are two possible interpretations, by one of which the statute would be constitutional, and by the other it would not, it is the duty of the court to adopt that construction which would uphold it.”). 23 .

2003See *424 also Gibson v. Commonwealth, 209 Ky. 101 , 272 S.W. 43 (1925) (“It is an elementary principle that where ... there are two possible interpretations, by one of which the statute would be constitutional, and by the other it would not, it is the duty of the court to adopt that construction which would uphold it.”). 23 .

11
Overnite Transportation Co. v. Gaddisgreen
kyctapp · 1990 · cited in 1 Kentucky opinions naming this issue, 1993–1993
11
Gilbert v. Greenegreen
kyctapp · 1919 · cited in 1 Kentucky opinions naming this issue, 1993–1993
11
Commonwealth v. Southern Railway Companygreen
· 1921 · cited in 1 Kentucky opinions naming this issue, 1992–1992
11
Keyes v. Carrickgreen
kyctapphigh · 1954 · cited in 1 Kentucky opinions naming this issue, 1978–1978
11
Old Republic Insurance Company v. Begleygreen
kyctapphigh · 1958 · cited in 1 Kentucky opinions naming this issue, 1971–1971
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 (53)

CaseCitedYears
American Cas. Co. of Reading, Pa. v. Shely green
kyctapphigh · 1950
2 sentences

1971Kentucky Home Life Insurance Co. v. Kittinger, 262 Ky. 525 , 90 S.W.2d 673 , 103 A.L.R. 1361 ; American Casualty Co. of Reading Pa. v. Shely, 314 Ky. 80 , 234 S.W.2d 303 .” It was shown that plaintiff made inquiry of defendant concerning the possibility that the latter enjoyed a tax-free status.

1958Kentucky Home Life Insurance Co. v. Kittinger, 262 Ky. 525 , 90 S.W.2d 673 , 103 A.L.R. 1361 ; American Casualty Co. of Reading, Pa. v. Shely, 314 Ky. 80 , 234 S.W.2d 303 .

21958–1971
Kentucky Home Life Ins. Co. v. Kittinger neutral
kyctapphigh · 1935
2 sentences

1971Kentucky Home Life Insurance Co. v. Kittinger, 262 Ky. 525 , 90 S.W.2d 673 , 103 A.L.R. 1361 ; American Casualty Co. of Reading Pa. v. Shely, 314 Ky. 80 , 234 S.W.2d 303 .” It was shown that plaintiff made inquiry of defendant concerning the possibility that the latter enjoyed a tax-free status.

1971Kentucky Home Life Insurance Co. v. Kittinger, 262 Ky. 525 , 90 S.W.2d 673 , 103 A.L.R. 1361 ; American Casualty Co. of Reading Pa. v. Shely, 314 Ky. 80 , 234 S.W.2d 303 .” It was shown that plaintiff made inquiry of defendant concerning the possibility that the latter enjoyed a tax-free status.

21958–1971
American Cas. Co. v. Shely neutral
kyctapp · 1950
2 sentences

1971Kentucky Home Life Insurance Co. v. Kittinger, 262 Ky. 525 , 90 S.W.2d 673 , 103 A.L.R. 1361 ; American Casualty Co. of Reading Pa. v. Shely, 314 Ky. 80 , 234 S.W.2d 303 .” It was shown that plaintiff made inquiry of defendant concerning the possibility that the latter enjoyed a tax-free status.

1958Kentucky Home Life Insurance Co. v. Kittinger, 262 Ky. 525 , 90 S.W.2d 673 , 103 A.L.R. 1361 ; American Casualty Co. of Reading, Pa. v. Shely, 314 Ky. 80 , 234 S.W.2d 303 .

21958–1971
Fordson Coal Company v. Bowling neutral
kyctapphigh · 1931
2 sentences

1943Simpkins’ Adm’r v. Wells, 42 S. W. 348 , 19 Ky. Law Rep. 881 ; Fordson Coal Co. v. Bowling, 238 Ky. 221 , 37 S. W. (2d) 69 .

1943Simpkins’ Adm’r v. Wells, 42 S. W. 348 , 19 Ky. Law Rep. 881 ; Fordson Coal Co. v. Bowling, 238 Ky. 221 , 37 S. W. (2d) 69 .

21942–1943
Bain v. Tye green
kyctapp · 1914
2 sentences

1928In the case of Bain et al. v. Tye et al., 160 Ky. 408 , 169 S. W. 843 , we said: “It is an elementary rule in the interpretation of deeds that the intention of the parties should be effectuated, and in doing this a liberal construction is given to deeds inartificially and untechnically drawn.

1928In the case of Bain et al. v. Tye et al., 160 Ky. 408 , 169 S. W. 843 , we said: “It is an elementary rule in the interpretation of deeds that the intention of the parties should be effectuated, and in doing this a liberal construction is given to deeds inartificially and untechnically drawn.

21920–1928
Bowlin v. Archer green
kyctapp · 1914
2 sentences

1924Moreover, they must agree; and proof without a pleading to'support it no more warrant's a recovery, than a pleading without proof. ’ ’ Bowlin v. Archer, 157 Ky. 540 .

1915In the case of Bowlin v. Archer, 157 Ky., 540 , it was .said: “It is an elementary rule of practice, that instructions should .be confined to the issues presented by the pleadings and the evidence.” In L. & N. R.

21915–1924
Frazier v. Collins green
kyctapphigh · 1945
1 sentence

2024It is deemed his own fault if he does not expressly provide against contingencies and exempt himself from responsibility in -7- certain events.” Id. at 818-19 (quoting Mid-Continent Petroleum Company v. Barrett, 181 S.W.2d 60, 62 (Ky. 1944)).

12024–2024
Kotila v. Commonwealth green
ky · 2003
2 sentences

2006If, in fact, the Member of this Court who has changed his mind about Kotila “was seduced by a metaphysical infatuation which led to an absurdity,” ante, at 603, then it was a self-seduction, because that very same Member (Justice Graves) was the author of Hayward . 1 Following Hayward and the first rule of statutory construction, i.e., “the language of the statute itself,” United States v. Health Possibilities, P.S.C., 207 F.3d 335, 338-39 (6th Cir.2000), Kotila then applied an elementary principle of English grammar: The word “the” is “[u]sed as a function word before a plural noun denoting a

2006If, in fact, the Member of this Court who has changed his mind about Kotila "was seduced by a metaphysical infatuation which led to an absurdity," ante, at 603, then it was a self-seduction, because that very same Member (Justice Graves) was the author of Hayward . [1] *612 Following Hayward and the first rule of statutory construction, i.e., "the language of the statute itself," United States v. Health Possibilities, P.S.C., 207 F.3d 335, 338-39 (6th Cir.2000), Kotila then applied an elementary principle of English grammar: The word "the" is "[u]sed as a function word before a plural noun den

12006–2006
United States v. Jeffers green
scotus · 1951
12001–2001
McDonald v. United States green
scotus · 1948
12001–2001
Bumper v. North Carolina green
scotus · 1968
2 sentences

2001Although the United States Supreme Court has, consistently and for over fifty years, placed the burden of demonstrating the reasonableness of a warrantless search upon the government, see e.g., McDonald v. United States, 335 U.S. 451 , 69 S.Ct. 191 , 93 L.Ed. 153 (1948); United States v. Jeffers, 342 U.S. 48 , 72 S.Ct. 93 , 96 L.Ed. 59 (1951); Bumper v. North Carolina, 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Coolidge v. New Hampshire, 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971), today's majority appears, on three separate occasions, to reverse this burden by criticizing

2001Although the United States Supreme Court has, consistently and for over fifty years, placed the burden of demonstrating the reasonableness of a warrantless search upon the government, see e.g., McDonald v. United States, 335 U.S. 451 , 69 S.Ct. 191 , 93 L.Ed. 153 (1948); United States v. Jeffers, 342 U.S. 48 , 72 S.Ct. 93 , 96 L.Ed. 59 (1951); Bumper v. North Carolina, 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Coolidge v. New Hampshire, 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971), today's majority appears, on three separate occasions, to reverse this burden by criticizing

12001–2001
Coolidge v. New Hampshire green
scotus · 1971
12001–2001
Carr v. Cincinnati Bell, Inc. green
kyctapp · 1983
11998–1998
Kaplon v. Chase green
kyctapp · 1985
11998–1998
Pittsburg & Midway Coal Mining Co. v. Rushing green
kyctapphigh · 1969
11998–1998
Akers v. Floyd County Fiscal Court green
ky · 1977
11998–1998
Duncan v. O'NAN green
kyctapphigh · 1970
11993–1993
Smith v. Pure Oil Co. green
kyctapphigh · 1939
11981–1981
Thomas v. Lyons green
ky · 1979
11980–1980
Creech v. Louisville & Nashville Railroad neutral
kyctapphigh · 1926
11967–1967
Collins v. Commonwealth neutral
kyctapphigh · 1929
11957–1957
Murphy v. Commonwealth neutral
kyctapphigh · 1940
11957–1957
Cornelius v. Commonwealth neutral
kyctapp · 1855
11957–1957
Powell v. Commonwealth neutral
kyctapphigh · 1948
11955–1955
Newsom v. Damron neutral
kyctapphigh · 1946
11953–1953
Barrett v. Commonwealth neutral
kyctapphigh · 1943
11953–1953
Shell v. Commonwealth green
kyctapphigh · 1932
11953–1953
Sumpter v. Burchett, as Commonwealth's Atty. green
kyctapphigh · 1947
11949–1949
Dowdy v. McGuire neutral
kyctapphigh · 1926
11949–1949
Consolidated Coach Corporation v. Hopkins green
kyctapphigh · 1929
11949–1949
Sasseen v. Farmer green
kyctapp · 1918
11946–1946
County Bd. of Ed. of Bath Co., Ky. v. Goodpaster green
kyctapphigh · 1935
11944–1944
Ramsey's v. Ramsey green
kyctapphigh · 1930
11943–1943
Craig v. Hawkins's heirs neutral
kyctapp · 1808
11942–1942
Schultz, Superintendent v. Ohio County green
kyctapphigh · 1928
11939–1939
Monmouth Street Merchants' Bus Ass'n v. Ryan green
kyctapphigh · 1933
11938–1938
Alexander v. de Kermel green
kyctapp · 1883
11938–1938
Wilson v. Commonwealth neutral
kyctapphigh · 1932
11937–1937
Equitable Life Assurance Society of United States v. Morgan neutral
kyctapphigh · 1934
11934–1934
Reid v. Lyttle neutral
kyctapp · 1912
11932–1932

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 350.0301 (3) KY § Ky. Rev. Stat. § 350.990 (3) KY § Ky. Rev. Stat. § 446.080 (3)

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.

Where else courts name it

CA 301 (1889–2026) TX 180 (1876–2026) GA 147 (1899–2022) IL 143 (1873–2026) NY 141 (1833–2019) CT 86 (1835–2025) IN 85 (1879–2024) PA 78 (1834–2021) FL 76 (1899–2025) NC 70 (1824–2026) KY 63 (1891–2026) WI 63 (1875–2022) MO 55 (1881–2024) IA 55 (1863–2023) VA 54 (1851–2025) MD 54 (1906–2022) MI 53 (1888–2026) TN 52 (1875–2025) AL 51 (1874–2022) WV 50 (1884–2024) MA 48 (1880–2025) AR 47 (1898–2024) LA 47 (1908–2009) OK 46 (1900–2007) MT 42 (1893–2017) WA 41 (1891–2025) KS 39 (1916–2021) ME 37 (1851–2022) OR 33 (1887–2015) NE 32 (1892–2019) MS 29 (1895–2023) HI 29 (1902–2026) MN 28 (1888–2015) OH 27 (1881–2020) CO 26 (1894–2010) NJ 25 (1867–2025) UT 23 (1899–2013) SD 19 (1894–2026) SC 19 (1907–2018) ID 17 (1909–2023) DE 16 (1932–2020) AZ 15 (1903–2009) ND 13 (1898–2020) NM 12 (1907–2023) WY 12 (1930–2014) VT 10 (1865–1986) NH 10 (1860–2016) NV 9 (1913–2015) RI 6 (1895–2017) AK 6 (1985–2023) DC 6 (1948–2013) PR 3 (1904–1939) VI 2 (1984–2007)

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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