Kentucky Revised Statutes

Ky. Rev. Stat. § 452.650 (2026)

Waiver of venue

✓ current as of May 2026

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The venue of the prosecution may be waived by the defendant and the failure to make a timely motion to transfer the prosecution to the proper county shall be deemed a waiver of the venue of the prosecution. History: Created 1962 Ky. Acts ch. 234, sec. 56.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1964–2025 · leading case: Derry v. Commonwealth, 274 S.W.3d 439 (Ky. 2008).

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Derry v. Commonwealth, 274 S.W.3d 439 (Ky. 2008). · cites it 3× “The statute further states that failure to make a timely motion to transfer prosecution to the proper county shall be deemed a waiver of the venue of the prosecution. If venue is improper in the county where an indictment is brought, the action can be transferred to a county…”

Turner v. Commonwealth, 345 S.W.3d 844 (Ky. 2011). · cites it 2× “Under KRS 452.650, “The venue of the prosecution may be waived by the defendant and the failure to make a timely motion to transfer the prosecution to the proper county shall be deemed a waiver of the venue of the prosecution.”

Wolfenbarger v. Commonwealth, 936 S.W.2d 770 (Ky. Ct. App. 1996). · cites it 2× “While venue in a certain county may be waived by the defendant, KRS 452.650, venue in its usual form is not implicated in this case because this case was never transferred to another court.”

Hodges v. Commonwealth, 614 S.W.2d 702 (Ky. Ct. App. 1981). “The Commonwealth argues that the error was waived under the provisions of KRS 452.650, which reads: Waiver of venue.”

Chancellor v. Commonwealth, 438 S.W.2d 783 (Ky. Ct. App. 1969). “2d 943 , 945 (1966); KRS 452.650. We do not agree, however, that there is a waiver when the defendant simply challenges the sufficiency of the evidence to prove venue.”

Hall v. Commonwealth, 557 S.W.2d 420 (Ky. 1977). “” KRS 452.650. This court does not agree with Hall and Fultz that their trial was so replete with error that they were denied due process of the law.”

Taylor v. Commonwealth, 384 S.W.2d 333 (Ky. Ct. App. 1964). “KRS 452.650 provides: “The venue of the prosecution may be waived by the defendant and the failure to make a timely motion to transfer the prosecution to the proper county shall be deemed a waiver of the venue of the prosecution.”

Clarence Cofield v. Commonwealth of Kentucky (Ky. Ct. App. 2024). · cites it 3× “” KRS 452.650; see also Derry v. Commonwealth, 274 S.”

Jose Montoya Velazquez v. Commonwealth of Kentucky (Ky. Ct. App. 2025). “KRS 452.650 (“The venue of the prosecution may be waived by the defendant and the failure to make a timely motion to transfer the prosecution to the proper county shall be deemed a waiver of the venue of the prosecution.”

Faison v. Commonwealth, 405 S.W.2d 944 (Ky. Ct. App. 1966). “KRS 452.650 provides: “The venue of the prosecution may be waived by the defendant and the failure to make a timely motion to transfer the prosecution to the proper county shall be deemed a waiver of the venue of the prosecution.”

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