Legal Opinion

Kozak v. Commonwealth

Kentucky Supreme Court

Decided November 26, 2008No. 2007-SC-000569-MRPublishedCited by 8 opinions

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

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Blackledge v. AllisonSupreme Court of the United States · 1977
  3. Bronk v. CommonwealthKentucky Supreme Court · 2001
  4. Johnson v. CommonwealthKentucky Supreme Court · 2003
  5. Canter v. CommonwealthKentucky Supreme Court · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Chipman v. CommonwealthKentucky Supreme Court · 2010
  2. State v. HenryCourt of Appeals of Alaska · 2010
  3. B.H. v. CommonwealthKentucky Supreme Court · 2016
  4. D.G. v. CommonwealthCourt of Appeals of Kentucky · 2011
  5. Chipman v. CommonwealthKentucky Supreme Court · 2010

3 more not listed; retrieve them via the Exa API.

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