Legal Opinion

Anderson v. Commonwealth

Kentucky Supreme Court

Decided January 22, 2009No. 2006-SC-000563-MR, 2006-SC-000894-TGPublishedCited by 14 opinions

1Opinion of the Court

*762Opinion of the Court by Chief Justice MINTON.

I. INTRODUCTION.

Nearly twelve years ago, the United States Supreme Court held in Old Chief v. United States1 that a trial court abused its discretion when it refused to permit a criminal defendant charged with being a felon in possession of a firearm to concede to having a previous felony conviction.2 The prosecution had refused to join in a stipulation.3 After Old Chief was rendered, we have hinted that it may apply to cases in Kentucky state courts;4 but, until today, we have not had occasion squarely to determine whether to adopt the rationale…

2Cases cited24 opinions

  1. Old Chief v. United StatesSupreme Court of the United States · 1997
  2. Oklahoma Tax Commission v. Jefferson Lines, Inc.Supreme Court of the United States · 1995
  3. Tamez v. StateCourt of Criminal Appeals of Texas · 2000
  4. State v. JamesTennessee Supreme Court · 2002
  5. Brown v. StateSupreme Court of Florida · 1998

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3Cited by14 opinions

  1. Commonwealth v. Jemison Jr., D., Aplt.Supreme Court of Pennsylvania · 2014
  2. Hall v. CommonwealthKentucky Supreme Court · 2015
  3. State v. CreechOhio Court of Appeals · 2014
  4. Ward v. CommonwealthMissouri Court of Appeals · 2019
  5. Anderson v. CommonwealthKentucky Supreme Court · 2009

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