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Knox v. Commonwealth

Citations

  • 361 S.W.3d 891
  • 2012 WL 975736
  • 2012 Ky. LEXIS 28

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a “judge’s commitment to impose a sentence based upon a defendant’s breach of a hammer clause condition, coupled with the imposition of that sentence without proper consideration of other relevant factors, is an abuse of discretion”
  • remanding for new sentencing hearing because the trial judge applied the hammer clause without exercising independent discretion
  • “[I]t is not within the purview of the judiciary to tell prosecutors and defense counsel that a hammer clause may not be part of a plea agreement. ... [T]he making of an agreement whereby the Commonwealth binds itself to recommend a particular sentence is a power of the executive branch.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Venters, Minton, Abramson, Noble, Schroder, Scott, Cunningham

Read full opinion on CourtListener

Cited by

5 cases in this archive cite this case.

Cites

12 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.