Kentucky Case Law

Commonwealth v. Neal (2002): Establishing the Plain Feel Doctrine in Kentucky Commonwealth v. Neal, 84 S.W.3d 920 (Ky. App. 2002), addressed the application of the “plain feel” doctrine during Terry frisks in Kentucky. This case clarified the circumstances under which officers conducting a lawful pat-down for weapons may seize contraband they detect through touch, directly … Read more

Kentucky v. King (2011): The Exigent Circumstances Exception and Warrantless Police Entry Kentucky v. King, 563 U.S. 452 (2011), is one of the most significant Fourth Amendment cases to emerge from Kentucky in the modern era. This case addressed whether police officers may invoke the exigent circumstances exception to the warrant requirement when the exigency … Read more

Commonwealth v. Wasson (1992): Kentucky Strikes Down Sodomy Criminalization Under the State Constitution Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992), stands as one of the most consequential decisions in Kentucky constitutional law. More than a decade before the U.S. Supreme Court decided Lawrence v. Texas (2003), the Kentucky Supreme Court struck down the Commonwealth’s … Read more

Patterson v. Commonwealth (1981): Statutory Presumptions and Due Process in Kentucky Criminal Law Patterson v. Commonwealth, 617 S.W.2d 37 (Ky. 1981), addressed the constitutional limits on statutory presumptions in Kentucky criminal law — specifically, when the legislature can create presumptions that shift or affect the burden of proof in criminal cases. The Kentucky Supreme Court’s … Read more

Tharp v. Commonwealth (1990): Defining the Parameters of Prior Bad Acts Evidence Under KRE 404(b) Tharp v. Commonwealth, 788 S.W.2d 253 (Ky. 1990), is a foundational Kentucky case addressing the admission of prior bad acts evidence under what is now Kentucky Rule of Evidence 404(b). The decision established critical guidelines for when the prosecution may … Read more

Martin v. Commonwealth (2005): Understanding Palpable Error Review in Kentucky Criminal Appeals Martin v. Commonwealth, 207 S.W.3d 1 (Ky. 2006), is the leading Kentucky authority on the “palpable error” standard of review under RCr 10.26. This case defines when a Kentucky appellate court will review an unpreserved error — one that was not properly objected … Read more

Fields v. Commonwealth (2000): The Serious Physical Injury Threshold in Kentucky Fields v. Commonwealth, 44 S.W.3d 355 (Ky. 2001), addressed one of the most frequently litigated questions in Kentucky assault and homicide law: what constitutes “serious physical injury” under Kentucky’s Penal Code? The Kentucky Supreme Court’s analysis of this statutory definition has far-reaching implications for … Read more

Colston v. Commonwealth (1989): The Evidentiary Burden for EED Jury Instructions Colston v. Commonwealth, 788 S.W.2d 279 (Ky. 1989), clarified a critical procedural question in Kentucky homicide defense: what evidentiary showing must a defendant make to be entitled to a jury instruction on Extreme Emotional Disturbance? The Kentucky Supreme Court’s holding directly impacts how murder … Read more

Thompson v. Commonwealth (1986): The Penalty Phase in Kentucky Capital Cases Thompson v. Commonwealth, 712 S.W.2d 345 (Ky. 1986), provided critical guidance on the presentation and consideration of aggravating and mitigating factors during the penalty phase of Kentucky capital cases. The Kentucky Supreme Court’s analysis of the evidence and procedures required during capital sentencing remains … Read more

Hughes v. Commonwealth (1994): Understanding the Two Right-to-Counsel Protections in Kentucky Hughes v. Commonwealth, 875 S.W.2d 99 (Ky. 1994), addressed the critical distinction between the Fifth Amendment right to counsel during custodial interrogation (Miranda) and the Sixth Amendment right to counsel that attaches upon the initiation of adversarial judicial proceedings. The Kentucky Supreme Court’s analysis … Read more