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Kentucky Case Commentaries

Refining Jury Instructions: Self-Protection Threshold and Combination Kidnapping Instructions under Kentucky Law

Refining Jury Instructions: Self-Protection Threshold and Combination Kidnapping Instructions under Kentucky Law

Date: Apr 25, 2025
Refining Jury Instructions: Self-Protection Threshold and Combination Kidnapping Instructions under Kentucky Law Introduction The case of Dillon Brewster v. Commonwealth of Kentucky (2025-SC-0281-MR)...
Enforcing SCR 3.130: Suspension for Failure of Diligence and Client Protection in In Re: Steven O. Thornton

Enforcing SCR 3.130: Suspension for Failure of Diligence and Client Protection in In Re: Steven O. Thornton

Date: Apr 25, 2025
Enforcing SCR 3.130: Suspension for Failure of Diligence and Client Protection in In Re: Steven O. Thornton Introduction In In Re: Steven O. Thornton (2025-SC-0069-KB), the Supreme Court of Kentucky...
Prohibiting Inferences from Defendant’s Counsel Consultations as Palpable Error

Prohibiting Inferences from Defendant’s Counsel Consultations as Palpable Error

Date: Apr 25, 2025
Prohibiting Inferences from Defendant’s Counsel Consultations as Palpable Error Introduction The Supreme Court of Kentucky’s decision in Justin Wischer v. Commonwealth of Kentucky establishes a...
Misrepresentation to Secure Bond Reduction in Criminal Proceedings: Standards for Disciplinary Sanctions

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

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

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

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

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

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

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

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

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...
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)

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

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

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

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

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

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)

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

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...
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