refusal to give instruction (Kentucky) · Go Syfert
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refusal to give instruction in Kentucky

6 Kentucky opinions name it 3 courts 1933–2025 1 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 (1)

CaseFollowedCited
Springfield v. Commonwealthgreen
ky · 2013 · cited in 1 Kentucky opinions naming this issue, 2015–2015
1 sentence

2015See Springfield v. Commonwealth, 410 S.W.3d 589, 594 (Ky. 2013) ("Therefore, in evaluating the refusal to give an instruction we must ask ourselves, construing the evidence favorably to the proponent of the instruction, whether the evidence would permit a reasonable juror to make the finding the instruction authorizes.”) .

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 (6)

CaseCitedYears
Commonwealth v. Brown green
kyctapp · 2018
1 sentence

2025Id. at 878 .

12025–2025
Cumberland Railroad v. Girdner neutral
kyctapp · 1917
2 sentences

1951The law on this point is succinctly stated in Cumberland Railroad Co. v. Girdner, 174 Ky. 761 , 192 S.W. 873, 874 , as follows: “It has long been the settled rule that both the plaintiff and defendant have the right to have their sides of the case presented to the jury, and in numerous recent cases this court has ordered reversals for the refusal to give an instruction presenting, in specific and concrete form, a defense which does more than simply 'refute plaintiff’s theory of the case and presents an affirmative or positive defense of contributory negligence”.

1951The law on this point is succinctly stated in Cumberland Railroad Co. v. Girdner, 174 Ky. 761 , 192 S.W. 873, 874 , as follows: “It has long been the settled rule that both the plaintiff and defendant have the right to have their sides of the case presented to the jury, and in numerous recent cases this court has ordered reversals for the refusal to give an instruction presenting, in specific and concrete form, a defense which does more than simply 'refute plaintiff’s theory of the case and presents an affirmative or positive defense of contributory negligence”.

11951–1951
Marksberry v. Weir neutral
kyctapp · 1917
2 sentences

1939In Marksberry v. Weir, 173 Ky. 316 , 190 S. W. 1108, 1110 , we said: “Furthermore, mitigating facts may be shown under the general issue, because they would tend to negative the charge of malice and define the extent of actual damages done to the plaintiff.” It was held in that case that an instruction limiting the consideration of certain mitigating circumstances to punitive damages alone was erroneous but not prejudi *585 cial.

1939In Marksberry v. Weir, 173 Ky. 316 , 190 S. W. 1108, 1110 , we said: “Furthermore, mitigating facts may be shown under the general issue, because they would tend to negative the charge of malice and define the extent of actual damages done to the plaintiff.” It was held in that case that an instruction limiting the consideration of certain mitigating circumstances to punitive damages alone was erroneous but not prejudi *585 cial.

11939–1939
Greer v. Commonwealth neutral
kyctapp · 1901
2 sentences

1937Greer v. Commonwealth, 111 Ky. 93 , 63 S. W. 443 , 23 Ky. Law Rep. 489 ; Tucker v. Commonwealth, 145 Ky. 84 , 140 S. W. 73 .

1937Greer v. Commonwealth, 111 Ky. 93 , 63 S. W. 443 , 23 Ky. Law Rep. 489 ; Tucker v. Commonwealth, 145 Ky. 84 , 140 S. W. 73 .

11937–1937
Tucker v. Commonwealth neutral
kyctapp · 1911
2 sentences

1937Greer v. Commonwealth, 111 Ky. 93 , 63 S. W. 443 , 23 Ky. Law Rep. 489 ; Tucker v. Commonwealth, 145 Ky. 84 , 140 S. W. 73 .

1937Greer v. Commonwealth, 111 Ky. 93 , 63 S. W. 443 , 23 Ky. Law Rep. 489 ; Tucker v. Commonwealth, 145 Ky. 84 , 140 S. W. 73 .

11937–1937
Illinois Central Railroad v. Skinner's Administratrix neutral
kyctapp · 1917
2 sentences

1933Illinois Central Railway Co. v. Skinner’s Adm’x, 177 Ky. 62 , 197 S. W. 552 .

1933Illinois Central Railway Co. v. Skinner’s Adm’x, 177 Ky. 62 , 197 S. W. 552 .

11933–1933

Where else courts name it

CA 80 (1893–2026) IL 48 (1898–2020) IN 38 (1891–2019) WV 37 (1948–2026) MO 26 (1901–2019) KS 25 (1886–2019) AR 24 (1909–2023) OK 17 (1919–2026) AZ 14 (1933–2025) WA 14 (1926–2025) FL 14 (1903–2010) HI 11 (1904–2015) NE 10 (1892–2023) OR 9 (1922–2020) MI 9 (1969–2018) WI 7 (1881–2014) NM 7 (1898–2023) TX 6 (1914–1993) ID 6 (1915–1985) KY 6 (1933–2025) NV 6 (1907–2018) IA 6 (1875–2022) OH 5 (1896–2016) DC 5 (1979–2020) MA 4 (1931–2000) VA 4 (1921–1992) NC 4 (1931–2019) MD 4 (1991–2019) WY 4 (1927–1995) GA 4 (1923–1991) MT 3 (1928–1978) ME 3 (1920–1981) NY 3 (1872–1902) CO 3 (1903–1909) UT 2 (1931–1987) TN 2 (1992–2009) AK 2 (1969–1974) LA 2 (1998–2000) CT 2 (1974–1992)

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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