Kentucky Case Commentaries

Misrepresentation to Secure Bond Reduction in Criminal Proceedings: Standards for Disciplinary Sanctions

Date: Apr 25, 2025

Misrepresentation to Secure Bond Reduction in Criminal Proceedings: Standards for Disciplinary Sanctions Introduction In In Re: Michael Joseph Beattie, the Supreme Court of Kentucky considered...

Kentucky’s Authority to Protect Fleeing Domestic-Violence Victims and Children Against Non-Resident Respondents

Date: Apr 25, 2025

Kentucky’s Authority to Protect Fleeing Domestic-Violence Victims and Children Against Non-Resident Respondents Introduction Alyssa Baum v. Justin Aldava presented before the Supreme Court of...

Extension of the Old Chief Principle to First-Degree Bail Jumping: Wynn v. Commonwealth

Date: Apr 25, 2025

Extension of the Old Chief Principle to First-Degree Bail Jumping: Wynn v. Commonwealth Introduction Elvis Wynn v. Commonwealth of Kentucky, 2025-SC-0573-MR (Ky. Apr. 24, 2025), addresses two pivotal...

Flight and Resistance to Arrest as Consciousness of Guilt: Admissibility Under KRE 404(b)

Date: Apr 25, 2025

Flight and Resistance to Arrest as Consciousness of Guilt: Admissibility Under KRE 404(b) Introduction In Richard Gray v. Commonwealth of Kentucky, the Supreme Court of Kentucky reviewed the appeal...

Clarifying Palpable Error Review for Expert Testimony on Victim-Perpetrator Intimacy and Prosecutorial Rebuttal in Kentucky Murder Appeals

Date: Apr 25, 2025

Clarifying Palpable Error Review for Expert Testimony on Victim-Perpetrator Intimacy and Prosecutorial Rebuttal in Kentucky Murder Appeals Introduction The Supreme Court of Kentucky’s unpublished...

Probation Tolling Jurisdiction: Court-Order Requirement under KRS 533.020(4)

Date: Apr 25, 2025

Probation Tolling Jurisdiction: Court-Order Requirement under KRS 533.020(4) Introduction In Commonwealth of Kentucky v. Darryl Ellery, the Kentucky Supreme Court clarified the jurisdictional limits...

Haleman v. Kentucky: Defining the Limits of Expert Hearsay and Palpable-Error Review in Child-Abuse Trials

Date: Apr 25, 2025

Haleman v. Commonwealth of Kentucky: Defining the Limits of Expert Hearsay and Palpable-Error Review in Child-Abuse Trials Introduction In Mark Haleman v. Commonwealth of Kentucky, the Supreme Court...

Mandatory Disbarment for Criminal Misconduct and Failure to Cooperate: In re Brinker

Date: Apr 25, 2025

Mandatory Disbarment for Criminal Misconduct and Failure to Cooperate: In re Brinker Introduction In In re: Dale Anthony Brinker, the Supreme Court of Kentucky considered the Board of Governors’...

Consent Discipline Guidelines for Judicial Officers with Multiple Ethics Violations: In Re David Curlin

Date: Apr 25, 2025

Consent Discipline Guidelines for Judicial Officers with Multiple Ethics Violations: In Re David Curlin Introduction In In Re: David Curlin, 2025-SC-0082-KB (Ky. 2025), the Supreme Court of Kentucky...

Undisputed Medical Evidence Can Defeat Manslaughter Instructions; Delusional Claims Alone Do Not Mandate Mid‑Trial Competency Hearings (Supreme Court of Kentucky affirms in Anderson v. Commonwealth)

Date: Mar 21, 2025

Undisputed Medical Evidence Can Defeat Manslaughter Instructions; Delusional Claims Alone Do Not Mandate Mid‑Trial Competency Hearings Case: Elvis Anderson v. Commonwealth of Kentucky Court: Supreme...

Stacking of Firearm and Second-Offense Enhancements Yields Class A Penalty; Misordered Penalty Instructions Are Not Palpable Error

Date: Mar 21, 2025

Stacking of Firearm and Second-Offense Enhancements Yields Class A Penalty; Misordered Penalty Instructions Are Not Palpable Error Case: Denarrius Terry v. Commonwealth of Kentucky Court: Supreme...

No Continuance Absent Specific, Articulable Prejudice from Late-Disclosed Misconduct of a Non‑Testifying Officer: Commentary on Whitney v. Commonwealth

Date: Mar 21, 2025

No Continuance Absent Specific, Articulable Prejudice from Late-Disclosed Misconduct of a Non‑Testifying Officer Introduction This commentary examines the Supreme Court of Kentucky’s unpublished...

Causal Links Require Evidence: Kentucky High Court Affirms Trial Courts’ Discretion to Bar Speculative Arguments Tying a Third Party’s Suicide to the Charged Crime

Date: Mar 21, 2025

Causal Links Require Evidence: Kentucky High Court Affirms Trial Courts’ Discretion to Bar Speculative Arguments Tying a Third Party’s Suicide to the Charged Crime Case: Marquess Smith v....

Mandatory KRE 703(b) Admonition on Expert Cross-Examination; Affirmance of Wanton Murder Where Child Accesses Fentanyl

Date: Mar 21, 2025

Mandatory KRE 703(b) Admonition on Expert Cross-Examination; Affirmance of Wanton Murder Where Child Accesses Fentanyl Introduction In Lauren Baker v. Commonwealth of Kentucky (Supreme Court of...

Words and the Mere Display of a Holstered Firearm Are Not “Unlawful Physical Force”: Kentucky Supreme Court Narrows the Initial Aggressor Doctrine and Clarifies Instructional Law

Date: Mar 21, 2025

Words and the Mere Display of a Holstered Firearm Are Not “Unlawful Physical Force”: Kentucky Supreme Court Narrows the Initial Aggressor Doctrine and Clarifies Instructional Law Introduction In Troy...

Clarifying Plain Feel, KRS 218A Subsequent-Offender Proof, and Cumulative Firearm/Repeat-Offender Enhancements: McNeal v. Commonwealth (Ky. 2025) (Unpublished)

Date: Mar 21, 2025

Clarifying Plain Feel, KRS 218A Subsequent-Offender Proof, and Cumulative Firearm/Repeat-Offender Enhancements: McNeal v. Commonwealth (Ky. 2025) (Unpublished) Note on Publication Status and Use This...

Prima Facie Authentication of Jail Calls and Rejection of Speculative Lesser-Included Instructions in Child-Sex Offense Trials: The Unpublished Clarification in Ronnie Duvall v. Commonwealth of Kentucky

Date: Mar 21, 2025

Prima Facie Authentication of Jail Calls and Rejection of Speculative Lesser-Included Instructions in Child-Sex Offense Trials: The Unpublished Clarification in Ronnie Duvall v. Commonwealth of...

Interlocutory Immunity Appeals Cannot Reach Subject-Matter Jurisdiction; Boards of Education Are Within KRS 45A.245’s Contract-Immunity Waiver

Date: Mar 21, 2025

Interlocutory Immunity Appeals Cannot Reach Subject-Matter Jurisdiction; Boards of Education Are Within KRS 45A.245’s Contract-Immunity Waiver Introduction In Board of Education of Paris, Kentucky v....

CALGA Covers Special Districts, But No Immunity for Ministerial Sewer Maintenance: Kentucky Supreme Court Denies MSD Immunity for No‑Grate Practice

Date: Mar 21, 2025

CALGA Covers Special Districts, But No Immunity for Ministerial Sewer Maintenance: Kentucky Supreme Court Denies MSD Immunity for No‑Grate Practice Case: Louisville & Jefferson County Metropolitan...

Clarifying Jurisdiction and Correcting Clerical Errors: A New Precedent on Writs of Prohibition in Criminal Plea Cases

Date: Feb 25, 2025

Clarifying Jurisdiction and Correcting Clerical Errors: A New Precedent on Writs of Prohibition in Criminal Plea Cases Introduction This commentary examines the Supreme Court of Kentucky's recent...