Ky. Rev. Stat. » Chapter 421
Kentucky Revised Statutes

Ky. Rev. Stat. § 421.225 (2026)

Testimony of defendant

✓ current as of May 2026
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In any criminal or penal prosecution the defendant, on his own request, shall be allowed to testify in his own behalf, but his failure to do so shall not be commented upon or create any presumption against him. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 1, sec. 1, effective June 21, 1974. -- Recompiled as KRS 421.225, 1962 Ky. Acts ch. 234, sec. 62. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1645, 1646. Formerly codified as KRS 455.090.

Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 1966–2025 · leading case: Carter v. Kentucky, 450 U.S. 288 (1981).
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Carter v. Kentucky, 450 U.S. 288 (1981). · cites it 2× “In concluding that the trial judge did not commit error by refusing to give the requested instruction, the court pointed to Ky. Rev. Stat. § 421.225 (Supp. 1980), which provides: "In any criminal or penal prosecution the defendant, on his own request, shall be allowed to testify…”
Ragland v. Commonwealth, 191 S.W.3d 569 (Ky. 2006). · cites it 2× “KRS 421.225 (originally enacted as KS 1645, 1893 Ky.”
Ice v. Commonwealth, 667 S.W.2d 671 (Ky. 1984). · cites it 2× “I dissent from the majority opinion at the same time recognizing the seriousness of the question raised by the polygraph evidence.”
Murphy v. Commonwealth, 509 S.W.3d 34 (Ky. 2017). “This protection is codified in KRS 421.225, which mandates that “[i]n any criminal or penal prosecution the defendant, on his own request, shall be allowed to testify in his own behalf, but his failure to do so shall not be commented upon or create any presumption against him.”
Quarels v. Commonwealth, 142 S.W.3d 73 (Ky. 2004). · cites it 2× “The Kentucky General Assembly has enacted KRS 421.225, which states that "[i]n any criminal or penal prosecution the defendant, on his own request, shall be allowed to testify in his own behalf, but his failure to do so shall not be commented upon or create any presumption…”
Luttrell v. Commonwealth, 554 S.W.2d 75 (Ky. 1977). · cites it 2× “KRS 421.225 provides "In any criminal or penal prosecution the defendant, on his own request, shall be allowed to testify in his own behalf, but his failure to do so shall not be commented upon or create any presumption against him.”
Woolfolk v. Commonwealth, 339 S.W.3d 411 (Ky. 2011). · cites it 2× “[4] There is no doubt that a defendant's right to testify on his own behalf is a right firmly grounded in the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, reinforced by § 11 of the Kentucky Constitution, [5] and further assured by KRS 421.225, which…”
Dillard v. Commonwealth, 995 S.W.2d 366 (Ky. 1999). “” KRS 421.225 (emphasis added). Violation of this statute can be grounds for reversal of a conviction, Adams v.”
Haynes v. Commonwealth, 657 S.W.2d 948 (Ky. 1983). “The appellant contends that these comments violate his right against self-incrimination as embodied in the Fifth Amendment of the United States Constitution, Section 11 of the Kentucky Constitution and also KRS 421.225 which states: In any criminal or penal prosecution the…”
Caldwell v. Commonwealth, 503 S.W.2d 485 (Ky. Ct. App. 1972). “” It is contended for appellant that the statements of the prosecuting attorney violated Section 11 of the Kentucky Constitution, as well as KRS 421.225 which provides that the failure of the defendant to testify shall not be commented upon.”
Robinson v. Commonwealth, 459 S.W.2d 147 (Ky. Ct. App. 1970). “Such a proviso still governs in Kentucky, KRS 421.225 (Section 1646 Carrolls, adopted in 1893).”
Fanelli v. Commonwealth, 418 S.W.2d 740 (Ky. Ct. App. 1967). “Appellants claim a violation of KRS 421.225 and section 11 of the Constitution was committed by the commonwealth’s attorney when he made the following remarks : “And, Ladies and Gentlemen of the jury, these facts (tracing the funds alleged to have been received by appellants)…”
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— Ky. Rev. Stat. § 421.225(1) — 2 cases
Green v. Commonwealth, 488 S.W.2d 339 (Ky. Ct. App. 1972).
Spencer v. Commonwealth, 467 S.W.2d 128 (Ky. Ct. App. 1971).
— Ky. Rev. Stat. § 421.225(2) — 1 case
Burch v. Commonwealth, 555 S.W.2d 954 (Ky. 1977).
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