Kozak v. Commonwealth
Kentucky Supreme Court
1Opinion of the Court
Opinion of the Court by
Chief Justice MINTON.
This case requires us to determine whether a juvenile may waive the right to a more lenient sentencing disposition under the juvenile code by entering into a plea agreement with the Commonwealth, even if the juvenile is not directly and explicitly informed of the juvenile code rights being waived. Because a proper waiver must be predicated upon the knowing relinquishment of a known right,1 we hold that a juvenile cannot, under these circumstances, be found to have impliedly waived a right to which the juvenile was not explicitly made aware.
The…
Also in this document: Concurrence.
2Cases cited6 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Blackledge v. AllisonSupreme Court of the United States · 1977
- Bronk v. CommonwealthKentucky Supreme Court · 2001
- Johnson v. CommonwealthKentucky Supreme Court · 2003
- Canter v. CommonwealthKentucky Supreme Court · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chipman v. CommonwealthKentucky Supreme Court · 2010
- State v. HenryCourt of Appeals of Alaska · 2010
- B.H. v. CommonwealthKentucky Supreme Court · 2016
- D.G. v. CommonwealthCourt of Appeals of Kentucky · 2011
- Chipman v. CommonwealthKentucky Supreme Court · 2010
3 more not listed; retrieve them via the Exa API.