45 Kentucky opinions name it 3 courts 1912–2022 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.
| Case | Followed | Cited |
|---|---|---|
Beets v. Commonwealthgreen2 sentences1971Cf. Beets v. Commonwealth, Ky., 437 S.W.2d 496, 499 (1969) ; Stanley’s Instructions to Juries, § 797 (1969-70 Supp.). 1971Cf. Beets v. Commonwealth, Ky., 437 S.W.2d 496, 499 (1969); Stanley’s Instructions to Juries, § 797 (1969-70) Supp.” The judgment is affirmed. | 2 | 2 |
Shell v. Commonwealthgreen2 sentences1971See Cotton v. Commonwealth, Ky., 454 S.W.2d 698, 702 (1970); Shell v. Commonwealth, 245 Ky. 223 , 53 S.W.2d 524, 528 (1932); Hedrick v. Commonwealth, 267 Ky. 481 , 103 S.W.2d 111, 112 (1937). 1971See Cotton v. Commonwealth, Ky., 454 S.W.2d 698, 702 (1970); Shell v. Commonwealth, 245 Ky. 223 , 53 S.W.2d 524, 528 (1932); Hedrick v. Commonwealth, 267 Ky. 481 , 103 S.W.2d 111, 112 (1937). | 1 | 2 |
Briner v. General Motors Corporationgreen1 sentence2022This theory fails to bridge the gap which we hold was fatal to plaintiff’s original claims against Universal . . . .” Id. at 103 (emphasis added). | 1 | 1 |
Foley v. Com.green1 sentence2004NOTES [1] Foley v. Commonwealth, Ky., 953 S.W.2d 924, 928 (1997). [2] Sanders v. Commonwealth, Ky., 801 S.W.2d 665, 668 (1990). [3] KRS 507.030(1)(b). [4] "Extreme emotional disturbance is a temporary state of mind so enraged, inflamed, or disturbed as to overcome one's judgment, and to cause one to act uncontrollably from the impelling force of the extreme emotional disturbance rather than from evil or malicious purposes." McClellan v. Commonwealth, Ky., 715 S.W.2d 464, 468-69 (1986). [5] See Reed v. Commonwealth, Ky., 738 S.W.2d 818, 822-23 (1987)("It is irrelevant that the evidence from the | 1 | 1 |
McClellan v. Commonwealthgreen1 sentence2004NOTES [1] Foley v. Commonwealth, Ky., 953 S.W.2d 924, 928 (1997). [2] Sanders v. Commonwealth, Ky., 801 S.W.2d 665, 668 (1990). [3] KRS 507.030(1)(b). [4] "Extreme emotional disturbance is a temporary state of mind so enraged, inflamed, or disturbed as to overcome one's judgment, and to cause one to act uncontrollably from the impelling force of the extreme emotional disturbance rather than from evil or malicious purposes." McClellan v. Commonwealth, Ky., 715 S.W.2d 464, 468-69 (1986). [5] See Reed v. Commonwealth, Ky., 738 S.W.2d 818, 822-23 (1987)("It is irrelevant that the evidence from the | 1 | 1 |
Sanders v. Commonwealthgreen1 sentence2004NOTES [1] Foley v. Commonwealth, Ky., 953 S.W.2d 924, 928 (1997). [2] Sanders v. Commonwealth, Ky., 801 S.W.2d 665, 668 (1990). [3] KRS 507.030(1)(b). [4] "Extreme emotional disturbance is a temporary state of mind so enraged, inflamed, or disturbed as to overcome one's judgment, and to cause one to act uncontrollably from the impelling force of the extreme emotional disturbance rather than from evil or malicious purposes." McClellan v. Commonwealth, Ky., 715 S.W.2d 464, 468-69 (1986). [5] See Reed v. Commonwealth, Ky., 738 S.W.2d 818, 822-23 (1987)("It is irrelevant that the evidence from the | 1 | 1 |
Reed v. Commonwealthgreen1 sentence2004NOTES [1] Foley v. Commonwealth, Ky., 953 S.W.2d 924, 928 (1997). [2] Sanders v. Commonwealth, Ky., 801 S.W.2d 665, 668 (1990). [3] KRS 507.030(1)(b). [4] "Extreme emotional disturbance is a temporary state of mind so enraged, inflamed, or disturbed as to overcome one's judgment, and to cause one to act uncontrollably from the impelling force of the extreme emotional disturbance rather than from evil or malicious purposes." McClellan v. Commonwealth, Ky., 715 S.W.2d 464, 468-69 (1986). [5] See Reed v. Commonwealth, Ky., 738 S.W.2d 818, 822-23 (1987)("It is irrelevant that the evidence from the | 1 | 1 |
Wilburn v. Simons Legg v. Simonsgreen2 sentences1974Earlier in this opinion we referred to an excluded portion of Barrett’s statement, which was: “It is my opinion, based on my experience as a truck driver for many years, that the driver of the Mustang was speeding, since he came upon me so suddenly.” Citing authorities including Wilburn v. Simons, 302 Ky. 752 , 196 S.W.2d 356, 358 (1946); Louisville Taxicab and Transfer Co. v. Crane, Ky., 262 S.W.2d 188, 189 (1953), and Eubank’s Adm’x v. Austin, Ky., 288 S.W.2d 358, 360 (1956), appellants contend that the statement was admissible and that its exclusion was a prejudicial error. 1974Earlier in this opinion we referred to an excluded portion of Barrett’s statement, which was: “It is my opinion, based on my experience as a truck driver for many years, that the driver of the Mustang was speeding, since he came upon me so suddenly.” Citing authorities including Wilburn v. Simons, 302 Ky. 752 , 196 S.W.2d 356, 358 (1946); Louisville Taxicab and Transfer Co. v. Crane, Ky., 262 S.W.2d 188, 189 (1953), and Eubank’s Adm’x v. Austin, Ky., 288 S.W.2d 358, 360 (1956), appellants contend that the statement was admissible and that its exclusion was a prejudicial error. | 1 | 1 |
Louisville Taxicab & Transfer Co. v. Cranegreen1 sentence1974Earlier in this opinion we referred to an excluded portion of Barrett’s statement, which was: “It is my opinion, based on my experience as a truck driver for many years, that the driver of the Mustang was speeding, since he came upon me so suddenly.” Citing authorities including Wilburn v. Simons, 302 Ky. 752 , 196 S.W.2d 356, 358 (1946); Louisville Taxicab and Transfer Co. v. Crane, Ky., 262 S.W.2d 188, 189 (1953), and Eubank’s Adm’x v. Austin, Ky., 288 S.W.2d 358, 360 (1956), appellants contend that the statement was admissible and that its exclusion was a prejudicial error. | 1 | 1 |
Hedrick v. Commonwealthgreen2 sentences1971See Cotton v. Commonwealth, Ky., 454 S.W.2d 698, 702 (1970); Shell v. Commonwealth, 245 Ky. 223 , 53 S.W.2d 524, 528 (1932); Hedrick v. Commonwealth, 267 Ky. 481 , 103 S.W.2d 111, 112 (1937). 1971See Cotton v. Commonwealth, Ky., 454 S.W.2d 698, 702 (1970); Shell v. Commonwealth, 245 Ky. 223 , 53 S.W.2d 524, 528 (1932); Hedrick v. Commonwealth, 267 Ky. 481 , 103 S.W.2d 111, 112 (1937). | 1 | 1 |
Cotton v. Commonwealthgreen1 sentence1971See Cotton v. Commonwealth, Ky., 454 S.W.2d 698, 702 (1970); Shell v. Commonwealth, 245 Ky. 223 , 53 S.W.2d 524, 528 (1932); Hedrick v. Commonwealth, 267 Ky. 481 , 103 S.W.2d 111, 112 (1937). | 1 | 1 |
| Commonwealth, Department of Highways v. Blackburngreen | 1 | 1 |
Tharp v. Urban Renewal & Community Development Agencygreen1 sentence1969Ag., Ky., 389 S.W.2d 453, 456 (1965); Commonwealth, Dept. of Highways v. Blackburn, Ky., 364 S.W.2d 332, 333 (1963). | 1 | 1 |
| Burnett v. Commonwealthgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Blanton v. Castle
neutral
2 sentences1986Spears asserts that this constituted prejudicial error and relies upon Blanton v. Castle, Ky., 450 S.W.2d 818 (1970). 1971Spears asserts that this constituted prejudicial error and relies upon Blanton v. Castle, Ky., 450 S.W.2d 818 (1970). | 2 | 1971–1986 |
Jewish Hosp. & St. Mary's Healthcare, Inc. v. House
green
1 sentence2021Id. | 1 | 2021–2021 |
Herbold v. Ford Motor Co.
green
2 sentences2006Our predecessor court held that since the witness had already admitted his connection with the defendant, “the rejection of the proffered evidence was not a prejudicial error.” Id. 2006Our predecessor court held that since the witness had *300 already admitted his connection with the defendant, "the rejection of the proffered evidence was not a prejudicial error." Id. | 1 | 2006–2006 |
Ford Motor Co. v. Fulkerson
green
1 sentence1996Ford Motor Co. v. Fulkerson, Ky., 812 S.W.2d 119 (1991). *68 Lastly, Kroger maintains that the trial court committed prejudicial error by denying its request for an instruction specifically informing the jury that punitive damages could not be assessed against Kroger for the actions of the disability carrier in conducting surveillance on Willgruber. | 1 | 1996–1996 |
Bass v. Williams
green
1 sentence1994Baker relies on Bass v. Williams, supra, as dispositive of this appeal, and we agree, unless Appellee Webb can convince us to the contrary. | 1 | 1994–1994 |
Morgan v. Commonwealth
green
2 sentences1994Morgan v. Commonwealth, Ky., 809 S.W.2d 704 (1991). 1994Morgan v. Commonwealth, Ky., 809 S.W.2d 704 (1991). | 1 | 1994–1994 |
Ice v. Commonwealth
green
1 sentence1989Recognizing the requirements of KRS 532.075(2), we noted that such do not require “total abandonment of the rules of preservation.” Citing Ice v. Commonwealth, Ky., 667 S.W.2d 671 (1984), we said “[Prejudicial error” must be reviewed regardless of contemporaneous objection, and we hasten to reaffirm that this means errors where there is no reasonable justification or explanation for defense counsel’s failure to object, tactical or otherwise, and the totality of circumstances persuades this Court that the defendant may not have been found guilty of a capital offense or the death penalty may not | 1 | 1989–1989 |
Rowe v. Commonwealth
green
2 sentences1986Coates v. Commonwealth, Ky., 469 S.W.2d 346 (1971), Woodford v. Commonwealth, Ky., 376 S.W.2d 526 (1964), Rowe v. Commonwealth, Ky., 269 S.W.2d 247 (1954). 1986Coates v. Commonwealth, Ky., 469 S.W.2d 346 (1971), Woodford v. Commonwealth, Ky., 376 S.W.2d 526 (1964), Rowe v. Commonwealth, Ky., 269 S.W.2d 247 (1954). | 1 | 1986–1986 |
Woodford v. Commonwealth
green
2 sentences1986Coates v. Commonwealth, Ky., 469 S.W.2d 346 (1971), Woodford v. Commonwealth, Ky., 376 S.W.2d 526 (1964), Rowe v. Commonwealth, Ky., 269 S.W.2d 247 (1954). 1986Coates v. Commonwealth, Ky., 469 S.W.2d 346 (1971), Woodford v. Commonwealth, Ky., 376 S.W.2d 526 (1964), Rowe v. Commonwealth, Ky., 269 S.W.2d 247 (1954). | 1 | 1986–1986 |
Coates v. Commonwealth
green
2 sentences1986Coates v. Commonwealth, Ky., 469 S.W.2d 346 (1971), Woodford v. Commonwealth, Ky., 376 S.W.2d 526 (1964), Rowe v. Commonwealth, Ky., 269 S.W.2d 247 (1954). 1986Coates v. Commonwealth, Ky., 469 S.W.2d 346 (1971), Woodford v. Commonwealth, Ky., 376 S.W.2d 526 (1964), Rowe v. Commonwealth, Ky., 269 S.W.2d 247 (1954). | 1 | 1986–1986 |
Mosley v. Commonwealth
green
1 sentence1978We held in Mosley v. Commonwealth, Ky., 420 S.W.2d 679 (1967), that a clinical psychologist with a Ph.D. in psychology was competent to testify as to the mental condition of a witness in order to impeach the credibility of the witness. | 1 | 1978–1978 |
Hunt v. Commonwealth
green
1 sentence1977As stated in Hunt v. Commonwealth, Ky., 466 S.W.2d 957 (1971): “. . . a Commonwealth’s attorney is entitled to draw reasonable inferences from the evidence, to make reasonable comment upon the evidence and to make reasonable argument in response to matters brought up by the defendant.” Perhaps the language of the prosecuting attorney was not altogether proper, but it certainly was not a prejudicial error considering the overwhelming proof of appellant’s guilt as outlined earlier in this opinion. | 1 | 1977–1977 |
Eubank's Adm'x v. Austin
green
1 sentence1974Earlier in this opinion we referred to an excluded portion of Barrett’s statement, which was: “It is my opinion, based on my experience as a truck driver for many years, that the driver of the Mustang was speeding, since he came upon me so suddenly.” Citing authorities including Wilburn v. Simons, 302 Ky. 752 , 196 S.W.2d 356, 358 (1946); Louisville Taxicab and Transfer Co. v. Crane, Ky., 262 S.W.2d 188, 189 (1953), and Eubank’s Adm’x v. Austin, Ky., 288 S.W.2d 358, 360 (1956), appellants contend that the statement was admissible and that its exclusion was a prejudicial error. | 1 | 1974–1974 |
Richmond v. Commonwealth
green
1 sentence1973They cite Richmond v. Commonwealth, Ky., 370 S.W.2d 399 (1963), in which we held that where there is no reasonable doubt of an accomplice relationship existing the court should decide the issue. | 1 | 1973–1973 |
Brown v. Smiley
green
1 sentence1973Cf. Brown v. Smiley, Ky., 428 S.W.2d 217 (1968). | 1 | 1973–1973 |
Woods v. Commonwealth
green
1 sentence1972KRS 28.430(1)(a) provides as follows: “Upon any trial or proceeding if either party requests the services of the reporter, or if, in the opinion of the presiding judge, the testimony should be preserved, the presiding judge shall direct the reporter to, and the reporter shall, take full stenographic notes of the proceedings.” In Woods v. Commonwealth, Ky., 305 S.W.2d 935 (1957), a criminal case, the provisions of KRS 28.430 were held mandatory. | 1 | 1972–1972 |
Wagers v. Frantz, Inc.
green
1 sentence1972Wagers, et al. v. Frantz, Inc., 445 S.W.2d 453 , the Court will not permit the plaintiff, Frantz, Inc., to introduce testimony for the purpose of proving that the defendants, Lyman E. | 1 | 1972–1972 |
| Anderson v. Commonwealth green | 1 | 1969–1969 |
| Adams v. Commonwealth green | 1 | 1969–1969 |
Bowman v. Commonwealth
green
1 sentence1969Also see Bowman v. Commonwealth, Ky., 290 S.W.2d 814 (1956) and cases cited therein. | 1 | 1969–1969 |
| Bowling v. Commonwealth green | 1 | 1968–1968 |
| Young v. Commonwealth green | 1 | 1968–1968 |
| Race v. Chappell green | 1 | 1966–1966 |
| Kelley v. Commonwealth neutral | 1 | 1963–1963 |
| Harvey v. Commonwealth green | 1 | 1954–1954 |
| Johnson v. Commonwealth neutral | 1 | 1954–1954 |
| Champ v. Commonwealth green | 1 | 1954–1954 |
| Couch v. Commonwealth neutral | 1 | 1954–1954 |
| Commonwealth v. Lay green | 1 | 1954–1954 |
| Reynolds v. Commonwealth green | 1 | 1953–1953 |
| Louisville Joint Land Bank v. Central Trust Co. green | 1 | 1950–1950 |
| Moore v. Commonwealth green | 1 | 1950–1950 |
| Murphy v. Commonwealth neutral | 1 | 1945–1945 |
| Campbell v. Commonwealth neutral | 1 | 1944–1944 |
| Walker v. Commonwealth neutral | 1 | 1944–1944 |
| Marsee v. Johnson neutral | 1 | 1941–1941 |
| Cole v. Commonwealth neutral | 1 | 1940–1940 |
| Connor v. Commonwealth neutral | 1 | 1940–1940 |
| Cox v. Commonwealth neutral | 1 | 1939–1939 |
| Davidson v. Commonwealth green | 1 | 1939–1939 |
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.