Ky. Rev. Stat. » Chapter 29A
Kentucky Revised Statutes

Ky. Rev. Stat. § 29A.290 (2026)

Examination of petit jurors -- Challenges -- Alternate jurors

✓ current as of May 2026
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(1) The voir dire examination of petit jurors shall be conducted in the manner prescribed by the Supreme Court. (2) The parties shall have the right to challenge jurors as follows: (a) There shall be an unlimited right to challenge jurors for cause; and (b) The number of peremptory challenges shall be prescribed by the Supreme Court. (3) The judge may select alternate jurors. The procedures for the use of alternate jurors shall be prescribed by the Supreme Court. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 40, effective January 2, 1978.

Notes of Decisions
Cited in 9 cases, 2013–2020 · leading case: Ronald Lynn Craft v. Commonwealth of Kentucky, 483 S.W.3d 837 (Ky. 2016).
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Ronald Lynn Craft v. Commonwealth of Kentucky, 483 S.W.3d 837 (Ky. 2016). · cites it 5× “Under this view, KRS 29A.290 is an unconstitutional delegation of legislative authority to the judiciary, and accordingly, RCr 9.”
Glenn v. Commonwealth, 436 S.W.3d 186 (Ky. 2013). · cites it 4× “40 as analogous with challenges to the constitutionality of KRS 29A.290(2)(b). See KRS 29A.290(2)(b) (“[T]he number of peremptory challenges shall be prescribed by the Supreme Court.”
Grider v. Commonwealth, 404 S.W.3d 859 (Ky. 2013). · cites it 2× “Appellant also implores us to declare KRS 29A.290(2)(b), which grants this Court authority to promulgate RCr 9.”
Prickett v. Commonwealth, 427 S.W.3d 812 (Ky. Ct. App. 2013). “On appeal, Prickett contends KRS 29A.290(2), requiring the Kentucky Supreme Court to establish the number of peremptory challenges to which parties are entitled is an unconstitutional delegation of legislative authority in violation of Section 28 of the Kentucky Constitution.”
Markelle D. White v. Commonwealth of Kentucky (Ky. 2015). · cites it 12× “3 Undaunted by our clear articulation of the Court's position on the statute's validity in Glenn, counsel proceeded to raise the same issue in three post-Glenn appeals (including this one).”
Markelle D. White v. Commonwealth of Kentucky (Ky. 2015). · cites it 12× “3 Undaunted by our clear articulation of the Court's position on the statute's validity in Glenn, counsel proceeded to raise the same issue in three post-Glenn appeals (including this one).”
Joseph Wayne Allen v. Commonwealth of Kentucky (Ky. 2015). · cites it 6× “In framing his argument, Appellant challenges the constitutionality of KRS 29A.290(2)(b) which provides that "parties shall have the right to challenge jurors," and further specifies that "[t]he number of peremptory challenges shall be prescribed by 'the Supreme Court.”
Joseph Wayne Allen v. Commonwealth of Kentucky (Ky. 2015). · cites it 6× “In framing his argument, Appellant challenges the constitutionality of KRS 29A.290(2)(b) which provides that "parties shall have the right to challenge jurors," and further specifies that "[t]he number of peremptory challenges shall be prescribed by the Supreme Court.”
Michael Greene v. Elizabeth Boyd (Ky. 2020). “290(2)(b) ‘constitutes an encroachment by the General Assembly upon the prerogatives of the Judiciary,’ it is not inconsistent with 11 Concluding below that the admitting of statements contained within the FOC’s report that would otherwise constitute hearsay is not inconsistent…”
— Ky. Rev. Stat. § 29A.290(2) — 1 case
Prickett v. Commonwealth, 427 S.W.3d 812 (Ky. Ct. App. 2013). “On appeal, Prickett contends KRS 29A.290(2), requiring the Kentucky Supreme Court to establish the number of peremptory challenges to which parties are entitled is an unconstitutional delegation of legislative authority in violation of Section 28 of the Kentucky Constitution.”
— Ky. Rev. Stat. § 29A.290(2)(b) — 8 cases
Glenn v. Commonwealth, 436 S.W.3d 186 (Ky. 2013). “40 as analogous with challenges to the constitutionality of KRS 29A.290(2)(b). See KRS 29A.290(2)(b) (“[T]he number of peremptory challenges shall be prescribed by the Supreme Court.”
Ronald Lynn Craft v. Commonwealth of Kentucky, 483 S.W.3d 837 (Ky. 2016). “Under this view, KRS 29A.290 is an unconstitutional delegation of legislative authority to the judiciary, and accordingly, RCr 9.”
Grider v. Commonwealth, 404 S.W.3d 859 (Ky. 2013). “Appellant also implores us to declare KRS 29A.290(2)(b), which grants this Court authority to promulgate RCr 9.”
Markelle D. White v. Commonwealth of Kentucky (Ky. 2015). “3 Undaunted by our clear articulation of the Court's position on the statute's validity in Glenn, counsel proceeded to raise the same issue in three post-Glenn appeals (including this one).”
Markelle D. White v. Commonwealth of Kentucky (Ky. 2015). “3 Undaunted by our clear articulation of the Court's position on the statute's validity in Glenn, counsel proceeded to raise the same issue in three post-Glenn appeals (including this one).”
— Ky. Rev. Stat. § 29A.290(b)(2) — 4 cases
Markelle D. White v. Commonwealth of Kentucky (Ky. 2015). “3 Undaunted by our clear articulation of the Court's position on the statute's validity in Glenn, counsel proceeded to raise the same issue in three post-Glenn appeals (including this one).”
Markelle D. White v. Commonwealth of Kentucky (Ky. 2015). “3 Undaunted by our clear articulation of the Court's position on the statute's validity in Glenn, counsel proceeded to raise the same issue in three post-Glenn appeals (including this one).”
Joseph Wayne Allen v. Commonwealth of Kentucky (Ky. 2015). “In framing his argument, Appellant challenges the constitutionality of KRS 29A.290(2)(b) which provides that "parties shall have the right to challenge jurors," and further specifies that "[t]he number of peremptory challenges shall be prescribed by 'the Supreme Court.”
Joseph Wayne Allen v. Commonwealth of Kentucky (Ky. 2015). “In framing his argument, Appellant challenges the constitutionality of KRS 29A.290(2)(b) which provides that "parties shall have the right to challenge jurors," and further specifies that "[t]he number of peremptory challenges shall be prescribed by the Supreme Court.”
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