sufficiently definite warning (Kentucky) · Go Syfert
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sufficiently definite warning in Kentucky

7 Kentucky opinions name it 3 courts 1972–2007 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.

Followed or applied (6)

CaseFollowedCited
Sasaki v. Commonwealthgreen
kyctapphigh · 1972 · cited in 4 Kentucky opinions naming this issue, 1978–2004
2 sentences

2004See also Gurnee, supra at 856 (1999) ("The fact that a statute ... is susceptible to more than one interpretation does not require a holding that the statute is unconstitutional if, as the circuit court determined, those who are affected by the statute can reasonably understand what the statute requires of them."); Sasaki v. Commonwealth, Ky., 485 S.W.2d 897, 901 (1972) ("The accepted test in determining the required precision of statutory language imposing criminal liability is whether the language conveys a sufficiently definite warning as to the proscribed conduct when measured by common un

2004See also Gurnee, supra at 856 (1999) (“The fact that a statute ... is susceptible to more than one interpretation does not require a holding that the statute is unconstitutional if, as the circuit court determined, those who are affected by the statute can reasonably understand what the statute requires of them.”); Sasaki v. Commonwealth, Ky., 485 S.W.2d 897, 901 (1972) (“The accepted test in determining the required precision of statutory language imposing criminal liability is whether the language conveys a sufficiently definite warning as to the proscribed conduct when measured by common un

24
Dieruf v. Louisville & Jefferson County Board of Healthgreen
kyctapphigh · 1947 · cited in 2 Kentucky opinions naming this issue, 2007–2007
2 sentences

2007As the circuit court correctly noted, citing Dieruf v. Louisville & Jefferson County Board of Health, 304 Ky. 207 , 200 S.W.2d 300, 302 (1947), “[v]arious sections of a[n] ... ordinance are not to be considered as isolated fragments of the law, but part of the whole unless a different purpose is clearly shown.” When the term “tourist home” is considered in the context of the zoning ordinance’s scheme for granting conditional uses, we agree with the circuit court that it provides a sufficiently definite framework for the Planning Director and the Board to act.

2007As the circuit court correctly noted, citing Dieruf v. Louisville & Jefferson County Board of Health, 304 Ky. 207 , 200 S.W.2d 300, 302 (1947), “[v]arious sections of a[n] ... ordinance are not to be considered as isolated fragments of the law, but part of the whole unless a different purpose is clearly shown.” When the term “tourist home” is considered in the context of the zoning ordinance’s scheme for granting conditional uses, we agree with the circuit court that it provides a sufficiently definite framework for the Planning Director and the Board to act.

22
Kolender v. Lawsongreen
scotus · 1983 · cited in 1 Kentucky opinions naming this issue, 2004–2004
2 sentences

2004See Kolender, 461 U.S. at 358 , 103 S.Ct. 1855 . 49 .

2004See Kolender, 461 U.S. at 358 , 103 S.Ct. 1855 . 49 .

11
Commonwealth v. Foleygreen
ky · 1990 · cited in 1 Kentucky opinions naming this issue, 2004–2004
1 sentence

2004See, e.g., Commonwealth v. Foley, Ky., 798 S.W.2d 947, 951 (1990)(stating that analysis of constitutional vagueness includes inquiry as to "whether a person disposed to obey the law could determine with reasonable certainty from the language used whether contemplated conduct would amount to a violation”) overruled on other grounds hy Martin, 96 S.W.3d at 38 ; Hardin v. Commonwealth, Ky., 573 S.W.2d 657, 660 (1978)(applying a "man on the street approach”); and Sasaki v. Commonwealth, Ky., 485 S.W.2d 897, 901 (1972)(stating that " '[t]he accepted test in determining the required precision of sta

11
Hardin v. Commonwealthgreen
ky · 1978 · cited in 1 Kentucky opinions naming this issue, 2004–2004
1 sentence

2004See, e.g., Commonwealth v. Foley, Ky., 798 S.W.2d 947, 951 (1990)(stating that analysis of constitutional vagueness includes inquiry as to "whether a person disposed to obey the law could determine with reasonable certainty from the language used whether contemplated conduct would amount to a violation”) overruled on other grounds hy Martin, 96 S.W.3d at 38 ; Hardin v. Commonwealth, Ky., 573 S.W.2d 657, 660 (1978)(applying a "man on the street approach”); and Sasaki v. Commonwealth, Ky., 485 S.W.2d 897, 901 (1972)(stating that " '[t]he accepted test in determining the required precision of sta

11
Gurnee v. Lexington-Fayette Urban County Governmentgreen
kyctapp · 1999 · cited in 1 Kentucky opinions naming this issue, 2004–2004
2 sentences

2004See also Gurnee, supra at 856 (1999) ("The fact that a statute ... is susceptible to more than one interpretation does not require a holding that the statute is unconstitutional if, as the circuit court determined, those who are affected by the statute can reasonably understand what the statute requires of them."); Sasaki v. Commonwealth, Ky., 485 S.W.2d 897, 901 (1972) ("The accepted test in determining the required precision of statutory language imposing criminal liability is whether the language conveys a sufficiently definite warning as to the proscribed conduct when measured by common un

2004See also Gurnee, supra at 856 (1999) (“The fact that a statute ... is susceptible to more than one interpretation does not require a holding that the statute is unconstitutional if, as the circuit court determined, those who are affected by the statute can reasonably understand what the statute requires of them.”); Sasaki v. Commonwealth, Ky., 485 S.W.2d 897, 901 (1972) (“The accepted test in determining the required precision of statutory language imposing criminal liability is whether the language conveys a sufficiently definite warning as to the proscribed conduct when measured by common un

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
Ira Coleman Roberts, Billy O'Niel Hughes v. The United States of America green
ca6 · 1955
2 sentences

1978Anderson v. United States, 215 F.2d 84 (6 Cir. 1954); and Roberts v. United States, 226 F.2d 464 (6 Cir. 1955).

1972Anderson v. United States, 215 P.2d 84 (6 Cir. 1954); and Roberts v. United States, 226 F.2d 464 (6 Cir. 1955).

21972–1978
Martin v. Commonwealth green
ky · 2003
1 sentence

2004See, e.g., Commonwealth v. Foley, Ky., 798 S.W.2d 947, 951 (1990)(stating that analysis of constitutional vagueness includes inquiry as to "whether a person disposed to obey the law could determine with reasonable certainty from the language used whether contemplated conduct would amount to a violation”) overruled on other grounds hy Martin, 96 S.W.3d at 38 ; Hardin v. Commonwealth, Ky., 573 S.W.2d 657, 660 (1978)(applying a "man on the street approach”); and Sasaki v. Commonwealth, Ky., 485 S.W.2d 897, 901 (1972)(stating that " '[t]he accepted test in determining the required precision of sta

12004–2004
Anderson v. United States green
ca6 · 1954
1 sentence

1978Anderson v. United States, 215 F.2d 84 (6 Cir. 1954); and Roberts v. United States, 226 F.2d 464 (6 Cir. 1955).

11978–1978

Where else courts name it

KS 68 (1974–2026) FL 52 (1942–2015) MO 29 (1968–2023) IA 16 (1981–2023) IL 14 (1974–2023) CA 12 (1950–2018) TX 11 (1966–2025) WA 10 (1977–1999) MA 10 (1947–2018) KY 7 (1972–2007) AL 6 (1977–2007) AZ 5 (1972–2015) ND 3 (1987–1993) NM 3 (1971–1975) NY 3 (1951–1983) LA 3 (1980–1991) NE 3 (1987–2000) PA 3 (1975–2002) NJ 2 (1985–2004) SD 2 (1981–1981) NC 2 (2009–2012) ID 2 (1967–1979) CO 2 (1960–1974) GA 2 (1999–2006) TN 2 (1976–2000) OR 2 (1974–1981) SC 2 (1955–1986) MN 2 (1946–1989) MD 2 (2010–2010) IN 2 (2008–2015)

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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