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6 Kentucky opinions name it 1 courts 1989–2016 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.
| Case | Followed | Cited |
|---|---|---|
Springfield v. Commonwealthgreen2 sentences2016The instruction given to the jury in the instant case, is stated as follows: First-Degree Robbery 8 Springfield v. Commonwealth, 410 S.W.3d 589, 594 (Ky. 2013). 9 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999). 10 KRS 506.010(1)(b). 7 You will find the Defendant guilty of First-Degree Robbery under this instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following: A. That in this county on or about August 1, 2013, and before the finding of the Indictment herein, he stole or attempted to steal a car from Donald Cooke; AND B. 2016The instruction given to the jury in the instant case, is stated as follows: First-Degree Robbery 8 Springfield v. Commonwealth, 410 S.W.3d 589, 594 (Ky. 2013). 9 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999). 10 KRS 506.010(1)(b). 7 You will find the Defendant guilty of First-Degree Robbery under this instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following: A. That in this county on or about August 1, 2013, and before the finding of the Indictment herein, he stole or attempted to steal a car from Donald Cooke; AND B. | 2 | 2 |
Commonwealth v. Englishgreen2 sentences2016The instruction given to the jury in the instant case, is stated as follows: First-Degree Robbery 8 Springfield v. Commonwealth, 410 S.W.3d 589, 594 (Ky. 2013). 9 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999). 10 KRS 506.010(1)(b). 7 You will find the Defendant guilty of First-Degree Robbery under this instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following: A. That in this county on or about August 1, 2013, and before the finding of the Indictment herein, he stole or attempted to steal a car from Donald Cooke; AND B. 2016The instruction given to the jury in the instant case, is stated as follows: First-Degree Robbery 8 Springfield v. Commonwealth, 410 S.W.3d 589, 594 (Ky. 2013). 9 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999). 10 KRS 506.010(1)(b). 7 You will find the Defendant guilty of First-Degree Robbery under this instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following: A. That in this county on or about August 1, 2013, and before the finding of the Indictment herein, he stole or attempted to steal a car from Donald Cooke; AND B. | 2 | 2 |
Goncalves v. Commonwealthgreen1 sentence2015See Goncalves v. Commonwealth, 404 S.W.3d 180 , 193 n. 5 (Ky.2013). . 1 William S. Cooper, Kentucky Instructions to Juries § 11.07 (Donald P. Cetrulo, rev., 5th ed. 2015). | 1 | 1 |
Olfice, Inc. v. Wilkeygreen1 sentence2011It requires, as it should, identification of the particular item or items which, according to the proof, would qualify as physical evidence supporting the charge. 4 *317 In Olfice, Inc. v. Wilkey, 173 S.W.3d 226, 229 (Ky.2005) we reiterated our longstanding philosophy: The basic function of instructions in Kentucky is to tell the jury what it must believe from the evidence in order to resolve each dispositive factual issue in favor of the party who bears the burden of proof on that issue. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tharp v. Commonwealth
green
1 sentence2014Justice Cooper himself undermined whatever authority his remark in Lane lent to the model instruction when, writing for the Court in Tharp v. Commonwealth, 40 S.W.3d 356 (Ky.2000), he took pains to explain that the degree of a complicitor's culpability for a result crime is a matter of his own, not the principal’s, mens rea. | 1 | 2014–2014 |
Lane v. Commonwealth
green
2 sentences2014According to the Comment accompanying the model instruction the trial court employed, the instruction was based on a remark in a two-Justice concurring opinion by Justice Cooper in Lane v. Commonwealth, 956 S.W.2d 874 (Ky.1997), to the effect that if “a parent acts wantonly or recklessly with respect to a risk that harm will occur to the child and fails to make a reasonable effort to prevent it, he is guilty of complicity under KRS 502.020(2).” Id. at 882 . 2014According to the Comment accompanying the model instruction the trial court employed, the instruction was based on a remark in a two-Justice concurring opinion by Justice Cooper in Lane v. Commonwealth, 956 S.W.2d 874 (Ky.1997), to the effect that if “a parent acts wantonly or recklessly with respect to a risk that harm will occur to the child and fails to make a reasonable effort to prevent it, he is guilty of complicity under KRS 502.020(2).” Id. at 882 . | 1 | 2014–2014 |
Shapero v. Kentucky Bar Ass'n
green
1 sentence1989We based our holding on the belief that “submission of a blank form letter to the Advertising Commission [does not] provide[] a suitable protection to the public from overreaching, intimidation or misleading private targeted mail solicitation.” Shapero v. Kentucky Bar Ass’n., Ky., 726 S.W.2d 299 (1987). | 1 | 1989–1989 |
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.