charges bar (Kentucky) · Go Syfert
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charges bar in Kentucky

6 Kentucky opinions name it 2 courts 2013–2016 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 (2)

CaseFollowedCited
Robert Wallace, Cross-Appellant v. Joseph H. Havener, Supt., Cross-Appelleegreen
ca6 · 1977 · cited in 1 Kentucky opinions naming this issue, 2013–2013
1 sentence

2013See also Wallace v. Havener, 552 F.2d 721, 723-24 (6th Cir.1977) (stating that “[tjhere is no acceptable reason why the state should have a second opportunity to convince a jury of facts necessary to secure a conviction of a crime,” and that “[wjhen the jury hands down a partial verdict, a final judgment is rendered on the counts upon which the jury has reached agreement.”).

11
Commonwealth v. Raygreen
kyctapp · 1998 · cited in 1 Kentucky opinions naming this issue, 2013–2013
1 sentence

2013See Commonwealth v. Ray, 982 S.W.2d 671, 673 (Ky.App.1998) (finding that in instances when a jury reaches a partial verdict, the counts for which the jury did reach a verdict are final and may not be retried, but the counts for which the jury is hung may be retried (“A partial verdict where the jury finds guilt or innocence on one or more charges but is unable to reach a verdict on the remaining charges does not bar a retrial on the charges for which no verdict was rendered.”)).

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
Rearick v. Commonwealth green
ky · 1993
2 sentences

2016In fact, Rearick holds that a child victim in a sexual abuse case could testify that he had seen his father, the defendant, sodomizing his younger brother because that evidence indicated a common scheme or plan. 858 S.W.2d at 188 .

2016In fact, Rearick holds that a child victim in a sexual abuse case could testify that he had seen his father, the defendant, sodomizing his younger brother because that evidence indicated a common scheme or plan. 858 S.W.2d at 188 .

42016–2016
Johnson v. United States green
dc · 1979
1 sentence

2013When it is the jury instruction for a single count that covers two different instances of the crime, “[tjhese principles apply with equal force.” Johnson, 398 A.2d at 370 .

12013–2013
United States v. Uco Oil Company, and Donald Simeon green
ca9 · 1976
1 sentence

2013A duplicitous count affects other interests and rights, including the right to adequate notice of the charges and the bar on double jeopardy. 9 Duplicity thus affects the “fundamental due process rights of defendants.” UCO Oil Co., 546 F.2d at 835 .

12013–2013

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 501.100 (4) KY § Ky. Rev. Stat. § 524.050 (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

NE 76 (1950–2025) NY 46 (1916–2019) CA 27 (1932–2026) TX 22 (1925–2025) TN 20 (1978–2024) OH 15 (1944–2025) MI 12 (1936–2022) PA 12 (1969–2026) GA 10 (1902–2025) IL 8 (1967–2025) FL 7 (1949–2020) CO 7 (1984–2015) NJ 6 (1980–2021) AL 6 (1954–1981) DE 6 (1997–2026) KY 6 (2013–2016) LA 5 (1983–2002) MD 5 (1984–2021) MA 5 (1981–2015) MO 4 (1971–1999) AR 3 (2010–2020) AZ 3 (1972–1994) VI 3 (1983–1985) NM 3 (2010–2022) MS 3 (1953–2019) IN 3 (1963–2020) WA 3 (1920–2025) CT 3 (1993–2002) MT 2 (2012–2025) OK 2 (2016–2016) RI 2 (1989–2015) NC 2 (2007–2012) ME 2 (2018–2023)

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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