Ky. Rev. Stat. » Chapter 504
Kentucky Revised Statutes

Ky. Rev. Stat. § 504.090 (2026)

Incompetent defendant not to be tried

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

No defendant who is incompetent to stand trial shall be tried, convicted or sentenced so long as the incompetency continues. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 113, sec. 4, effective July 15, 1982.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1985–2026 · leading case: Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003).
Sort: Relevance Newest Treatment
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003). · cites it 2× “070, which pertains to evidence of mental illness or insanity, provides: (1) A defendant who intends to introduce evidence of his mental illness or insanity at the time of the offense shall file written notice of his intention at least twenty (20) days before trial.”
Chapman v. Commonwealth, 265 S.W.3d 156 (Ky. 2008). · cites it 2× “2) ("In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.”
Johnson v. Commonwealth, 17 S.W.3d 109 (Ky. 2000). · cites it 2× “KRS 504.090 ("No defendant who is incompetent to stand trial shall be tried, convicted, or sentenced so long as the incompetency continues.”
Keeling v. Commonwealth, 381 S.W.3d 248 (Ky. 2012). “More informative is KRS 504.090, which provides: “No defendant who is incompetent to stand trial shall be tried, convicted or sentenced so long as the incompetency continues.”
Foley v. Commonwealth, 17 S.W.3d 878 (Ky. 2000). “KRS 504.090; RCr 8.06. If there are reasonable grounds to believe that a defendant is not competent to stand trial, the proceeding must be discontinued and the trial judge must appoint a psychologist or psychiatrist to examine the defendant, file a report and then a hearing must…”
Jones v. Commonwealth, 260 S.W.3d 355 (Ky. Ct. App. 2008). “Pursuant to KRS 504.090, “[n]o defendant who is incompetent to stand trial shall be tried, convicted or sentenced so long as the incompetency continues.”
Moody v. Commonwealth, 698 S.W.2d 530 (Ky. Ct. App. 1985). “” In view of the express provisions of KRS 504.090, we believe that the word “proceedings” used in the definition of the phrase “incompetent to stand trial” in KRS 504.”
Thomas R. Moore v. Commonwealth of Kentucky (Ky. 2025). · cites it 3× “This Court must address: (1) whether Moore was competent for resentencing as mandated by KRS 504.090 and defined by KRS 504.060(5); and, if so, (2) whether the circuit court erred by resentencing Moore to 20 years imprisonment.”
Thomas R. Moore v. Commonwealth of Kentucky (Ky. 2026). · cites it 3× “This Court must address: (1) whether Moore was competent for resentencing as mandated by KRS 504.090 and defined by KRS 504.060(5); and, if so, (2) whether the trial court erred by resentencing Moore to an aggregate sentence of 20 years’ imprisonment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.