Legal Opinion · Dissent

Sneed v. Burress

Kentucky Supreme Court

Decided October 20, 2016No. 2015-SC-000169-MRPublished

1DissentVenters, J.

I respectfully dissent. On countless occasions, . this Court has steadfastly held that “a mistrial is an extreme remedy and should be resorted to only when there appears in the record a-manifest necessity for such an action or an urgent or real necessity.” Dunlap v. Commonwealth, 435 S.W.3d 537, 604 (Ky.2013), as modified (Feb. 20, 2014).5 We have instructed the trial courts that their discretion to order a mistrial “is to be used sparingly and only with the utmost caution, under urgent circumstances, and for very plain and obvious causes.” ' Commonwealth v. Scott, 12 S.W.3d 682, 685…

2Cases cited19 opinions

  1. Commonwealth v. EnglishKentucky Supreme Court · 1999
  2. Skaggs v. CommonwealthKentucky Supreme Court · 1985
  3. Johnson v. CommonwealthKentucky Supreme Court · 2003
  4. Matthews v. CommonwealthKentucky Supreme Court · 2005
  5. Padgett v. CommonwealthKentucky Supreme Court · 2010

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