Estep v. Commonwealth, 663 S.W.2d 213 (Ky. 1983). · Go Syfert
Estep v. Commonwealth, 663 S.W.2d 213 (Ky. 1983). Cases Citing This Book View Copy Cite
121 citation events (79 in the last 25 years) across 9 distinct courts.
Strongest positive: Rivak C. Kalfus v. Commonwealth of Kentucky (ky, 2025-06-20)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 44 distinct citers.
cited Cited as authority (rule) Rivak C. Kalfus v. Commonwealth of Kentucky
Ky. · 2025 · confidence medium
“One who asks questions which call for an answer has waived any objection to the answer if it is responsive.” Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky. 1983).
discussed Cited as authority (rule) D'Corya White v. Commonwealth of Kentucky
Ky. · 2025 · confidence medium
The Deal Court accordingly laid out for the first time the required analysis when “a 8 Specifically, Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky. 1983) (holding the introduction of a photograph of the defendant in handcuffs at the time of his arrest was not reversible error); Shegog v. Commonwealth, 142 S.W.3d 101, 109 (Ky. 2004) (holding that several potential jurors inadvertently seeing the defendant in handcuffs while being transported from the jail to the courthouse did not result in prejudice to the defendant); and Bryan v. Commonwealth, 2015-SC-000467-MR, 2017 WL 1102825 (Ky. Mar. 2…
cited Cited as authority (rule) William B. Jackson v. Commonwealth of Kentucky
Ky. · 2024 · confidence medium
Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky. 1983).
discussed Cited as authority (rule) James Gentry v. Commonwealth of Kentucky
Ky. · 2024 · confidence medium
This Court has “long held, ‘[o]ne who asks 14 questions which call for an answer has waived any objection to the answer if it is responsive.’” Sheets v. Commonwealth, 495 S.W.3d 654, 669 (Ky. 2016) (quoting Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky. 1983)).
discussed Cited as authority (rule) Bruce Wayne Embry v. Commonwealth of Kentucky
Ky. · 2024 · confidence medium
“Generally, ‘[o]ne who asks questions which call for an answer has waived any objection to the answer if it is responsive.’” Shemwell v. Commonwealth, 294 S.W.3d 430, 436 (Ky. 2009) (quoting Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky. 1984)).
cited Cited as authority (rule) Lyprentiss Jermol Simmons v. Commonwealth of Kentucky
Ky. Ct. App. · 2022 · confidence medium
Estep v. Commonwealth, 663 S.W.2d 213, 215 (Ky. 1983).
cited Cited as authority (rule) Chazrico Gibson v. Commonwealth of Kentucky
Ky. · 2021 · confidence medium
Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky. 1983).
discussed Cited as authority (rule) Mama Diallo v. Commonwealth of Kentucky
Ky. Ct. App. · 2021 · confidence medium
“Police . . . who have probable cause to believe that the objects of the search are concealed somewhere within the vehicle may conduct a warrantless search of the vehicle and all the compartments and containers thereof as well as the contents thereof that are not in plain view.” Estep v. Commonwealth, 663 S.W.2d 213, 215 (Ky. 1983).
discussed Cited as authority (rule) Maurice Deal v. Commonwealth of Kentucky (2×)
Ky. · 2020 · confidence medium
For example, the Supreme Court and this Court have considered factors such as: (1) the merits of the asserted state interest;61 (2) the potential threat posed by the challenged event to the defendant’s constitutional rights;62 and (3) the availability of alternatives 60 See Deck, 544 U.S. at 634-35 (holding that the trial court erred in shackling the defendant during the penalty phase of the trial because the trial court failed to indicate that it considered any “special circumstances” that suggested a need to shackle Deck); Holbrook, 475 U.S. at 571-72 (explaining that even if the court…
discussed Cited as authority (rule) Maurice Deal v. Commonwealth of Kentucky (2×)
Ky. · 2020 · confidence medium
For example, the Supreme Court and this Court have considered factors such as: (1) the merits of the asserted state interest;61 (2) the potential threat posed by the challenged event to the defendant’s constitutional rights;62 and (3) the availability of alternatives 60 See Deck, 544 U.S. at 634–35 (holding that the trial court erred in shackling the defendant during the penalty phase of the trial because the trial court failed to indicate that it considered any “special circumstances” that suggested a need to shackle Deck); Holbrook, 475 U.S. at 571–72 (explaining that even if the c…
discussed Cited as authority (rule) Maurice Deal v. Commonwealth of Kentucky (2×)
Ky. · 2020 · confidence medium
For example, the Supreme Court and this Court have considered factors such as: (1) the merits of the asserted state interest;61 (2) the potential threat posed by the challenged event to the defendant’s constitutional rights;62 and (3) the availability of alternatives 60 See Deck, 544 U.S. at 634–35 (holding that the trial court erred in shackling the defendant during the penalty phase of the trial because the trial court failed to indicate that it considered any “special circumstances” that suggested a need to shackle Deck); Holbrook, 475 U.S. at 571–72 (explaining that even if the c…
discussed Cited as authority (rule) Joshua Ratliff v. Commonwealth of Kentucky
Ky. · 2018 · confidence medium
Of course, "[o]ne who asks questions which call for an answer has waived any objection to the answer ifit is responsive." Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky. 1983) (citing 1 Wigmore, Evidence, Sec. 18 p. 344 (3rd ed. 1940); West v. Commonwealth, 117 S.W.2d 998 (Ky. 1938)).
cited Cited as authority (rule) Darrell Bryan v. Commonwealth of Kentucky
Ky. · 2017 · confidence medium
We have previously affirmed convictions where the jury witnessed the 12 defendant in either shackles or handcuffs E._g., Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky_. 1983).
discussed Cited as authority (rule) Goben v. Commonwealth
Ky. · 2016 · confidence medium
See e.g., Chavies, 354 S.W.3d at 109 (following the Supreme Court’s lead in rejecting an "inadvertent discovery” element as a prerequisite to application of the “plain view” exception to the warrant requirement); Estep v. Commonwealth, 663 S.W,2d 213, 215 (Ky. 1983) (following United States v. Ross, 456 U.S. 798 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982), in upholding the search of a lawfully stopped automobile). .
cited Cited as authority (rule) Walter Schmuck v. Commonwealth of Kentucky
Ky. · 2016 · confidence medium
Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky. 1983).
cited Cited as authority (rule) Walter Schmuck v. Commonwealth of Kentucky
Ky. · 2016 · confidence medium
Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky. 1983).
cited Cited as authority (rule) Sheets v. Commonwealth
Ky. · 2016 · confidence medium
We have long held, “[o]ne who asks questions which call for an answer has waived any objection to the answer if it is responsive.” Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky.1983).
discussed Cited as authority (rule) Christina Marcum v. Commonwealth of Kentucky
Ky. · 2015 · confidence medium
"Generally one who asks questions which call for an answer has waived any objection to the answer if it is responsive." Shemwell v. 7 Commonwealth, 294 S.W.3d 430, 436 (Ky. 2009) (quoting Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky.1984)).
discussed Cited as authority (rule) Christina Marcum v. Commonwealth of Kentucky
Ky. · 2015 · confidence medium
"Generally one who asks questions which call for an answer has waived any objection to the answer if it is responsive." Shemwell v. 7 Commonwealth, 294 S.W.3d 430, 436 (Ky. 2009) (quoting Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky.1984)).
discussed Cited as authority (rule) Epperson v. Commonwealth
Ky. Ct. App. · 2014 · confidence medium
Therefore, such a decision lies squarely within “the sound discretion of the trial judge, and unless it appears that he has abused that discretion, his determination will not be disturbed on appeal.” Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky.1983).
cited Cited as authority (rule) Chavies v. Commonwealth
Ky. · 2011 · confidence medium
Estep v. Commonwealth, 663 S.W.2d 213, 215 (Ky.1983). .
discussed Cited as authority (rule) Shemwell v. Commonwealth
Ky. · 2009 · confidence medium
A minute or two later, Appellant’s counsel asked Detective Clark about his decision not to arrest several people found on Appellant’s property, “You accepted [Appellant’s] word that they were good and law-abiding people even though you suspected that [Appellant] was making methamphetamine and you’d been watching him for years or whatever?” A few minutes after that question, Appellant’s counsel again focused on the fact that Appellant was suspected of manufacturing drugs by asking, “Has Betty Shemwell ever called you and told you that you’ll find a meth lab on [Appellant’s] …
discussed Cited as authority (rule) Hudson v. Commonwealth
Ky. · 2006 · confidence medium
E.g., Harris v. Commonwealth, 869 S.W.2d 32, 33-34 (Ky.1993) (defendant failed to show prejudice where defense counsel withdrew five days prior to trial, no grounds stated in support of RCr 9.04 motion, new counsel received complete file, discovery complete, and no additional witnesses to subpoena); Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky.1983) (though absent witness identified, expected testimony as set forth in affidavit would be cumulative, thus no prejudice); Sussman v. Commonwealth, 610 S.W.2d 608, 612-13 (Ky.1980) (where requested bill of particulars was provided orally three days…
discussed Cited as authority (rule) Commonwealth v. Murray (2×)
Ky. Ct. App. · 2004 · confidence medium
However, our State Constitution "provides no greater protection than does the federal Fourth Amendment.” LaFollette v. Commonwealth, Ky., 915 S.W.2d 747, 748 (1996); Estep v. Commonwealth, Ky., 663 S.W.2d 213, 215 (1983). . 265 U.S. 57, 59 , 44 S.Ct. 445, 446 , 68 L.Ed. 898 (1924). .
discussed Cited as authority (rule) Thomas v. Greenview Hospital, Inc.
Ky. Ct. App. · 2004 · confidence medium
Through additional questioning from Thomas’s attorney, these witnesses admitted that they were aware that Dr. Sims had ordered Rhodes be repositioned every two hours but that they did not record an entry every two hours in the medical chart stating explicitly that they had turned Rhodes. “ ‘One who asks questions which call for an answer has waived any objection to the answer if it is responsive.’ ” Mills v. Commonwealth, Ky., 996 S.W.2d 473, 485 (1999) (quoting Estep v. Commonwealth, Ky., 663 S.W.2d 213, 216 (1983)); Hodge v. Commonwealth, Ky., 17 S.W.3d 824, 845 (2000).
discussed Cited as authority (rule) Hill v. Commonwealth (2×)
Ky. · 2004 · signal: cf. · confidence medium
Cf. Estep v. Commonwealth, Ky., 663 S.W.2d 213, 216 (1983) (affirming when photograph of defendant handcuffed at time of arrest was admitted and jury was admonished that handcuffs had no significance); Murray v. Commonwealth, Ky., 474 S.W.2d 359, 361 (1971) (affirming when jurors were questioned and reported that seeing defendant in shackles and handcuffs would not affect their verdict).
discussed Cited as authority (rule) Anderson v. Commonwealth (2×)
Ky. · 2001 · confidence medium
See Id. at 699 ("We also note that Appellant's case was a capital case, with the death penalty possible, which makes the case qualitatively different." Id. ); Id. ("The length of delay in this case was only sixty days, which is rather minimal, particularly in a death penalty case. " Id. (emphasis added)); Id. ("Second, the continuance was the first sought by anyone, which distinguishes ... most other death penalty cases, where numerous continuances are the rule rather than the exception." Id. ); Id. at 700 ("This case was a death penalty case, which factor alone makes it more complex." Id. ). …
cited Cited as authority (rule) Gray v. Commonwealth
Ky. Ct. App. · 2000 · confidence medium
Estep v. Commonwealth, Ky., 663 S.W.2d 213, 215 (1983). .
discussed Cited as authority (rule) Hodge v. Commonwealth
Ky. · 2000 · confidence medium
“One who asks questions which call for an answer has waived any objection to the answer if it is responsive.” Mills v. Commonwealth, Ky., 996 S.W.2d 473, 485 (1999) (quoting Estep v. Commonwealth, Ky., 663 S.W.2d 213, 216 (1983)).
cited Cited as authority (rule) Mills v. Commonwealth
Ky. · 1999 · confidence medium
“One who asks questions which call for an answer has waived any objection to the answer if it is responsive.” Estep v. Commonwealth, Ky., 663 S.W.2d 213, 216 (1983).
cited Cited as authority (rule) Whalen v. Commonwealth
Ky. Ct. App. · 1995 · confidence medium
Estep v. Commonwealth, Ky., 663 S.W.2d 213, 216 (1983); Cannon v. Commonwealth, Ky., 777 S.W.2d 591, 597 (1989).
discussed Cited as authority (rule) Holbrook v. Knopf
Ky. · 1993 · confidence medium
We recognize that Wagner v. Commonwealth, Ky., 581 S.W.2d 352 (1979), interpreted state constitutional guarantees of the rights of the criminally accused against unreasonable search and seizure as granting broader protection than the Federal counterpart, but our more recent decision overruled Wagner, Estep v. Commonwealth, Ky., 663 S.W.2d 213, 216 (1984), and held state protection should be interpreted coextensively with federal guarantees.
cited Cited as authority (rule) Raglin v. Commonwealth
Ky. · 1991 · confidence medium
Estep v. Commonwealth, Ky., 663 S.W.2d 213, 215 (1983).
discussed Cited as authority (rule) Commonwealth v. Cast
Mass. · 1990 · confidence medium
See People v. Smith, 95 Ill. 2d 412, 422 (1983); Estop v. Commonwealth, 663 S.W. 2d 213, 215 (Ky. 1983); State v. Tatum, 466 So.2d 29, 31-32 (La. 1985); State v. Bouchles, 457 A.2d 798, 802 (Maine 1983); People v. Langen, 60 N.Y. 2d 170, 181-182 (1983), cert. denied, 465 U.S. 1028 (1984); State v. Brown, 301 Or. 268, 276-279 (1986).
discussed Cited as authority (rule) People v. Krezen (2×)
Mich. · 1986 · confidence medium
See also Drinkard v State, 584 SW2d 650 (Tenn, 1979). [25] People v Nagel, 17 Cal App 3d 492, 497; 95 Cal Rptr 129 (1971); Virgil v Superior Court, 268 Cal App 2d 127, 132-133; 73 Cal Rptr 793 (1968); Arrington v United States, 382 A2d 14, 18 (DC App, 1978); Miller v State, supra ; Strobhert v State, 165 Ga App 515, 516; 301 SE2d 681 (1983); People v Velleff, 94 Ill App 3d 820, 823-824; 419 NE2d 89 (1981); State v Kuster, 353 NW2d 428, 432 (Iowa, 1984); Estep v Commonwealth, 663 SW2d 213, 216 (Ky, 1983); State v Rome, 354 So 2d 504 (La, 1978); State v Goodrich, 256 NW2d 506, 507, 509, 511 (Min…
discussed Cited as authority (rule) Wagner v. Higgins
6th Cir. · 1985 · confidence medium
Potter, United States District Court for the Northern District of Ohio, sitting by designation 1 In Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky.1983), the Kentucky Supreme Court overruled Wagner v. Commonwealth to the extent that it conflicted with the court's opinion in Estep.
cited Cited as authority (rule) Wagner v. Higgins
6th Cir. · 1985 · confidence medium
In Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky.1983), the Kentucky Supreme Court overruled Wagner v. Commonwealth to the extent that it conflicted with the court's opinion in Estep .
discussed Cited as authority (rule) State v. Perry
W. Va. · 1984 · confidence medium
Courts have held that a driver must be given a reasonable opportunity to make some alternative disposition of the vehicle before the police may impound it for the sole purpose of protecting it and its contents from theft or damage. 8 See, e.g., People v. Nagel, 17 Cal.App.3d 492, 497 , 95 Cal.Rptr. 129, 132 (1971); Virgil v. Superior Ct., 268 Cal.App.2d 127, 132-33 , 73 Cal. Rptr. 793, 796-97 (1968); Arrington v. United States, 382 A.2d 14, 18 (D.C.1978); Miller v. State, 403 So.2d 1307 (Fla.1981); Strobhert v. State, 165 Ga.App. 515, 516 , 301 S.E.2d 681, 682 (1983); People v. Velleff, 94 Ill…
discussed Cited "see" Commonwealth of Kentucky v. Buddy Hopkins Slaughter (2×) also: Cited "see, e.g."
Ky. Ct. App. · 2025 · signal: see · confidence high
See Estep, 663 S.W.2d at 215 ; Greer, 514 S.W.3d 568 .
discussed Cited "see" Tackett v. Commonwealth
Ky. · 2014 · signal: see · confidence high
See Estep v. Commonwealth, 663 S.W.2d 213, 216 (Ky.1983) (“One who asks questions which call for an answer has waived any objection to the answer if it is responsive”) Finally, on this portion of Nicholas’s argument, we note that inconsistency is not a reason to exclude evidence and that Tackett’s counsel argued inconsistent testimony by Nicholas was a reason the jury should discredit Nicholas’s testimony.
cited Cited "see" Hause v. Commonwealth
Ky. Ct. App. · 2001 · signal: see · confidence high
See Estep v. Commonwealth, Ky., 663 S.W.2d 213 (1983). 51 .
discussed Cited "see" Colbert v. Commonwealth
Ky. · 2001 · signal: see · confidence high
See, Id. at 215: [W]e hold that where probable cause justifies the search of a lawfully stopped vehicle, it also justifies the search of every part of the vehicle and its compartments and contents that may conceal the object of the search. [[Image here]] The reasonable expectation of privacy is a particular relevant factor in determining the validity of any warrantless search.
discussed Cited "see" Commonwealth v. Wasson (2×)
Ky. · 1992 · signal: see · confidence high
See Estep v. Commonwealth, Ky., 663 S.W.2d 213 (1983) in which it is held that Section 10 of the Kentucky Constitution provides no greater protection than does the Federal Fourth Amendment; Jordan v. Commonwealth, Ky., 703 S.W.2d 870 (1985) which provides that Section 13 of the Kentucky Constitution affords no greater protection than does the Federal Fifth Amendment; Commonwealth v. Willis, Ky., 716 S.W.2d 224 (1986) which indicates that Section 11 of the Kentucky Constitution provides no greater protection than does the Federal Sixth Amendment and Delta Airlines, Inc. v. Commonwealth, Revenue…
discussed Cited "see, e.g." David Vincent v. Commonwealth of Kentucky
Ky. Ct. App. · 2023 · signal: see also · confidence medium
See also Estep v. Commonwealth, 663 S.W.2d 213, 215 (Ky. 1983) (“Police who have a legitimate reason to stop an automobile and who have probable cause to believe that the objects of the search are concealed somewhere within the vehicle may conduct a warrantless search of the vehicle and all the compartments and containers thereof as well as the contents thereof that are not in plain view.”). -16- Here, Vincent’s statement that he had Lortab in the vehicle and his compatriot’s statement that she had just obtained needles from a drug exchange created probable cause to believe the vehicle…
Charles J. ESTEP, Appellant,
v.
COMMONWEALTH of Kentucky, Appellee
Kentucky Supreme Court.
Dec 22, 1983.
663 S.W.2d 213
J. David Niehaus, Deputy Appellate Defender, Frank W. Heft, Jr., Chief Appellate Defender, Daniel T. Goyette, Jefferson Dist. Public Defender, Louisville, for appellant., Steven L. Beshear, Atty. Gen., Robert V. Bullock, Asst. Atty. Gen., Frankfort, for appellee.
Wintersheimer.
Cited by 81 opinions  |  Published
WINTERSHEIMER, Justice.

This appeal is from a jury verdict which found Estep guilty on charges of robbery and being a second-degree persistent felony offender. He was sentenced to forty years in prison.

[*215] The questions presented are whether the trial judge abused his discretion in denying his motion for a continuance, whether it was reversible error to permit the introduction of a picture of Estep at the time of his arrest in which he was handcuffed, whether the police officer’s comments in response to cross-examination about the post-arrest silence was reversible error, whether the trial court improperly limited the instruction on intoxication, and whether it was error not to suppress evidence found in the glove box of the vehicle.

Estep was convicted of armed robbery of a Majik Market on February 28, 1982, in Louisville. At trial, the jury found him guilty of first-degree robbery, and in a separate persistent felony offender phase, enhanced his punishment from twenty years to forty years in prison.

This Court affirms the judgment.

The principal error complained of is whether the trial judge committed reversible error in denying Estep’s motion to suppress a gun found by means of a warrant-less search in the glove box of the vehicle used in the robbery. One of the police officers testified that after Estep was removed from the automobile, the door on the passenger side was open. The police officer indicated that it was her intention to open the glove compartment and as she hit the glove box, which already was half-way open, it fell all the way open and the gun slid partially out in view.

The police had received a description of the car and the license number used in the robbery. The car was stopped by police, and as Estep was apprehended, he put something under the car. This was later determined to be a yellow ski-mask, similar to the one used in the robbery. Therefore the police had probable cause to stop the automobile and search the vehicle. Accordingly the search was proper pursuant to Wydman v. Commonwealth, Ky., 512 S.W.2d 507 (1974).

Pursuant to United States v. Ross, 456 U.S. 798,102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), we hold that where probable cause justifies the search of a lawfully stopped vehicle, it also justifies the search of every part of the vehicle and its compartments and contents that may conceal the object of the search.

It is necessary that police have some guidance in respect to the recurring situation involving automobile searches in Kentucky. We adopt the general rule set out in the Ross, supra, decision.

The reasonable expectation of privacy is a particular relevant factor in determining the validity of any warrantless search. In regard to automobiles, the expectation of privacy is limited because of the nature of the unit. The obvious mobility of a vehicle distinguishes it from the traditional sanctity afforded a residence or fixed premises.

The scope of a warrantless search is defined by the object of the search and the places in which there is probable cause to believe it may be found. A lawful search of a fixed premises generally extends to the entire area in which objects may be found and is not otherwise limited. Thus a warrant to search a home also provides authority to open closets, drawers and containers in which the object of the search might be concealed.

Police who have a legitimate reason to stop an automobile and who have probable cause to believe that the objects of the search are concealed somewhere within the vehicle may conduct a warrantless search of the vehicle and all the compartments and containers thereof as well as the contents thereof that are not in plain view.

This decision is in harmony with Section 10 of the Kentucky Constitution which protects the people from unreasonable searches because probable cause is still a prerequisite to an automobile search.

The question of the propriety of a search is generally determined upon the particular facts of each case. Here there was a very strong indication that the illegal object of the search was somewhere in the vehicle that had been stopped. We find no[*216] violation of Section 10 of the Kentucky Constitution or of Amendment IV of the United States Constitution. It has been previously held by this Court in Wydman, supra, that where there is probable cause to stop a vehicle and detain its occupants, searching an automobile without a warrant for firearms is proper.

Wagner v. Commonwealth, Ky., 581 S.W.2d 352 (1979), and City of Danville v. Dawson, Ky., 528 S.W.2d 687 (1975) are overruled to the extent that they conflict with this opinion.

The trial court did not abuse its discretion in denying Estep’s motion for a continuance. The granting of a continuance is always in the sound discretion of the trial judge, and unless it appears that he has abused that discretion, his determination will not be disturbed on appeal. Williams v. Commonwealth, Ky., 644 S.W.2d 335 (1982). A careful examination of the record indicates that the trial judge did not abuse his discretion by refusing to grant a continuance because the evidence regarding intoxication to be presented by the absent witness would have been cumulative and would not have affected the final outcome of the trial. Brannon v. Commonwealth, Ky., 400 S.W.2d 680 (1966).

The trial judge did not commit reversible error by allowing the introduction of a photograph of Estep at the time of his arrest in which he was handcuffed. The trial court noted that the pictures were being offered for the purpose of showing how Estep looked the night of his arrest. The trial judge also indicated that testimony had been previously given that Estep was handcuffed as he was arrested. The appellant acknowledged that the jury already knew that he had been placed under arrest and handcuffed at the time the photograph was introduced. The trial judge admonished the jury that the handcuffs had no significance. The error if any was nonprejudicial. RCr 9.24; Charles v. Commonwealth, Ky., 634 S.W.2d 407 (1982).

The police officer’s response to a cross-examination question asked by the lawyer for Estep was not reversible error. The argument that the officer’s response was a comment on Estep’s post-arrest silence is unconvincing. One who asks questions which call for an answer has waived any objection to the answer if it is responsive. 1 Wigmore, Evidence, Sec. 18 p. 344 (3rd ed. 1940); See West v. Commonwealth, 273 Ky. 779, 117 S.W.2d 998 (1938). The answer here was not a comment on post-arrest silence and was responsive to the cross-examination question. Consequently the trial judge did not commit reversible error by overruling the objection and the motion for a mistrial.

The intoxication instruction as stated by the trial court was not error. Estep argues that the trial judge should have used the word “robbery” instead of “theft.” The instruction adequately protected the rights of the defendant. Any error was only technical and therefore nonprejudicial. Blake v. Commonwealth, Ky., 646 S.W.2d 718 (1983).

The judgment is affirmed.

All concur.