unconstitutional violation (Kentucky) · Go Syfert
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unconstitutional violation in Kentucky

7 Kentucky opinions name it 2 courts 2000–2025 2 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 (4)

CaseFollowedCited
Commonwealth v. Ousleygreen
ky · 2013 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025He argued that the troopers invaded his curtilage, to which he had restricted public access by fencing the entire front yard, without a search warrant and exceeded the limitations on the scope of a knock and talk, making the search and seizure an unconstitutional violation of his Fourth Amendment rights, citing Quintana v. Commonwealth, 276 S.W.3d 753, 759 (Ky. 2008), and Commonwealth v. Ousley, 393 S.W.3d 15, 26 (Ky. 2013). . 1 None of this discovery is in the appellate record. -2- In a supplemental memorandum, Adkins clarified that unlawful knock and talk tactics invalidate consent, if given

11
Quintana v. Commonwealthgreen
ky · 2008 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025He argued that the troopers invaded his curtilage, to which he had restricted public access by fencing the entire front yard, without a search warrant and exceeded the limitations on the scope of a knock and talk, making the search and seizure an unconstitutional violation of his Fourth Amendment rights, citing Quintana v. Commonwealth, 276 S.W.3d 753, 759 (Ky. 2008), and Commonwealth v. Ousley, 393 S.W.3d 15, 26 (Ky. 2013). . 1 None of this discovery is in the appellate record. -2- In a supplemental memorandum, Adkins clarified that unlawful knock and talk tactics invalidate consent, if given

11
Dutschke v. Jim Russell Realtors, Inc.green
kyctapp · 2008 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024In Dutschke, the appellants claimed KRS 417.050 was an unconstitutional violation of the doctrine. 281 S.W.3d at 822 (citation omitted).

11
Manns v. Commonwealthgreen
ky · 2002 · cited in 1 Kentucky opinions naming this issue, 2008–2008
1 sentence

2008Manns v. Commonwealth, 80 S.W.3d 439, 445-46 (Ky.2002).

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 (5)

CaseCitedYears
McCollum v. Sisters of Charity of Nazareth Health Corp. green
ky · 1990
1 sentence

2024McCollum, 799 S.W.2d at 16 .

12024–2024
Commonwealth v. Bucalo green
ky · 2013
1 sentence

2018In Bucalo, by contrast, the officers did extend the traffic stop beyond its initial purpose but had separate and distinct circumstances justifying the extension. 422 S.W.3d at 260-61 .

12018–2018
Jones v. Commonwealth green
ky · 2010
1 sentence

2014On December 7, 2012, Appellant filed a pro se motion to amend his sentence pursuant to CR 60.02(e) and (f), arguing that the Supreme Court’s declaration in Jones v. Commonwealth, 319 S.W.3d 295 (Ky.2010) that KRS 532.043(5) was an unconstitutional violation of the separation of powers doctrine and the legislature’s subsequent amendment of such statute constituted a change in circumstances warranting the amendment of his sentence.

12014–2014
Torrence v. Commonwealth green
ky · 2008
2 sentences

2010KRS 532.055(2)(a) provides, in relevant part, that the Commonwealth may offer evidence in the sentencing phase about "[m]ini-mum parole eligibility, prior convictions of the defendant, both felony and misdemean- or!]]” and ”[t]he maximum expiration of sentence as determined by the division of probation and parole for all such current and prior offenses We are aware that "though not raised by the parties, ... we have struck down another subsection of KRS 532.055 as being an unconstitutional violation of the separation of powers doctrine.” Toirence v. Commonwealth, 269 S.W.3d 842 , 845 n. 11 (Ky

2010We hold that his constitutional, statutory[,] and common law powers include the power to initiate a suit questioning the constitutionality of a statute.") (citations omitted). [79] KRS 532.055(2)(a) provides, in relevant part, that the Commonwealth may offer evidence in the sentencing phase about "[mjinimum parole eligibility, prior convictions of the defendant, both felony and misdemeanor[,]" and "[t]he maximum expiration of sentence as determined by the division of probation and parole for all such current and prior offenses. ..." We are aware that "though not raised by the parties, ... we h

12010–2010
Commonwealth v. Foley green
ky · 1990
1 sentence

2000Commonwealth v. Foley, 798 S.W.2d 947 (Ky., 1990).

12000–2000

Where else courts name it

TX 58 (1909–2022) IL 49 (1889–2022) CA 46 (1946–2025) FL 36 (1974–2026) OH 28 (1979–2022) WA 23 (1965–2025) MA 23 (1982–2023) AZ 20 (1989–2021) NY 20 (1953–2025) LA 20 (1971–2019) PA 20 (1911–2022) NC 16 (1979–2023) KS 16 (1993–2024) GA 15 (1885–2025) WI 14 (1975–2019) OK 14 (1973–2020) MI 13 (1980–2023) SC 13 (1986–2021) AL 13 (1906–2015) TN 13 (1985–2022) CO 10 (1964–2022) IN 10 (1980–2018) MD 9 (1967–2022) CT 8 (1981–2021) MT 8 (1980–2023) NM 7 (1970–2017) KY 7 (2000–2025) SD 7 (1966–2001) MO 6 (1904–2015) NJ 6 (1959–2013) ME 6 (1983–2018) UT 5 (1993–2014) HI 5 (1984–2021) IA 5 (1900–2018) MN 5 (1974–2019) WV 5 (1983–2016) DC 4 (2006–2020) OR 4 (1973–2010) NE 4 (1983–1991) ID 3 (1980–1991) NV 3 (1993–2019) AR 3 (1975–2011) ND 3 (1982–2016) NH 2 (2018–2023) VA 2 (2017–2017) VT 2 (1992–2026) WY 2 (1989–1998)

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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