Martin v. Frasure

28 Citing cases

  1. Williamson v. Com

    767 S.W.2d 323 (Ky. 1989)   Cited 50 times
    In Williamson v. Commonwealth, Ky., 767 S.W.2d 323 (1989), this Court held that the law of the case governs a second appeal and, quoting from Martin v. Frasure, Ky., 352 S.W.2d 817 (1961), stated that a final decision, whether right or wrong, is the law of the case and is conclusive of the questions therein resolved and is binding upon the parties, the trial court, and the Court of Appeals.

    375 S.W.2d at 263. Likewise, in Martin v. Frasure, Ky., 352 S.W.2d 817 (1962), upon the fifth appeal involving various phases of a thirty-year family legal feud, appellant attacked certain earlier proceedings on the grounds that they were "inequitable and unlawful." In response, we said:

  2. Sutherland v. Commonwealth

    No. 2021-SC-0509-MR (Ky. Mar. 23, 2023)

    For litigation to proceed in an orderly manner and finally settle the rights of the parties, it is necessary for parties to timely assert the rights they claim to a court with power to grant the relief sought. Martin v. Frasure, [352 S.W.2d 817, 818 (Ky. 1962)]. One cannot accept the benefits of that portion of an opinion which is favorable and later relitigate that portion which is not.

  3. Thomas v. Commonwealth

    No. 2022-SC-0030-MR (Ky. Feb. 16, 2023)

    "A final decision of this Court, whether right or wrong, is the law of the case and is conclusive of the questions therein resolved." Williamson v. Commonwealth, 767 S.W.2d 323, 325 (Ky. 1989) (quoting Martin v. Frasure, 352 S.W.2d 817, 818 (Ky. 1961)).

  4. Commonwealth v. Tamme

    83 S.W.3d 465 (Ky. 2002)   Cited 53 times

    It has long been recognized that the final decisions of the court are binding on the parties, the trial court and this Court. See Haight v. Commonwealth, Ky., 938 S.W.2d 243 (1996), citing Martin v. Frasure, Ky., 352 S.W.2d 817 (1961); Taylor v. Mills, Ky., 320 S.W.2d 111 (1958). Obviously, the law of the case doctrine is intended to prevent defendants from endlessly litigating the same issue in appeal after appeal.

  5. Ellison v. Commonwealth

    994 S.W.2d 939 (Ky. 1999)   Cited 5 times

    A final decision of this Court, whether right or wrong, is the law of the case and is conclusive of the questions therein resolved. It is binding upon the parties, the trial court, and the Court of Appeals. It may not be reconsidered by prosecuting an appeal from a judgment entered in conformity therewith.Williamson v. Commonwealth, Ky., 767 S.W.2d 323, 325 (1989), quoting Martin v. Frasure, Ky., 352 S.W.2d 817 (1962). Appellant appeals from her final sentencing, which is a judgment made by the trial court in conformity with our opinion in Lane, supra. Her argument on appeal is clearly barred by the law of the case doctrine.

  6. Ellis v. Jasmin

    968 S.W.2d 669 (Ky. 1998)

    A final decision of this Court, whether right or wrong, is the law of the case and is conclusive of the questions therein resolved. It is binding upon the parties, the trial court, and the Court of Appeals. It may not be reconsidered by prosecuting an appeal from a judgment entered in conformity therewith.Williamson v. Commonwealth, Ky., 767 S.W.2d 323, 325 (1989), (quoting Martin v. Frasure, Ky., 352 S.W.2d 817, 818 (1961)). The law of this case is that Meeks' nomination as the Democratic candidate for 11th Ward Alderman for the city of Louisville, is void and deemed vacant.

  7. Haight v. Com

    938 S.W.2d 243 (Ky. 1996)   Cited 42 times
    Denying a similar unanimous verdict claim

    A final decision of this Court, whether right or wrong, is the law of the case and is conclusive of the questions therein resolved. It is binding upon the parties, the trial court, and the Court of Appeals. It may not be reconsidered by prosecuting an appeal from a judgment entered in conformity therewith.Williamson v. Commonwealth, Ky., 767 S.W.2d 323, 325 (1989) (quoting Martin v. Frasure, Ky., 352 S.W.2d 817, 818 (1961)). The essential facts are that after having escaped from the Johnson County Jail, in the course of committing first degree robbery, appellant inflicted multiple gunshot wounds upon the victims and thereby caused them to die.

  8. Thomas v. Com

    931 S.W.2d 446 (Ky. 1996)   Cited 43 times
    Noting that under modern Criminal Rules, an indictment need only give “notice of the specific crime charged” to be valid

    It is binding on the parties, the trial court, and the [appellate courts]." Martin v. Frasure, Ky., 352 S.W.2d 817, 818 (1961).

  9. Hogan v. Long

    922 S.W.2d 368 (Ky. 1996)   Cited 45 times
    Finding oral contract to transfer stock to employee in return for performance of services was evaluated under statute that provided writing was necessary for enforceable "sale" of securities

    Id. at 563-64. In Williamson v. Commonwealth, Ky., 767 S.W.2d 323 (1989), this Court held that the law of the case governs a second appeal and, quoting from Martin v. Frasure, Ky., 352 S.W.2d 817 (1961), stated that a final decision, whether right or wrong, is the law of the case and is conclusive of the questions therein resolved and is binding upon the parties, the trial court, and the Court of Appeals. Upon examination of the voluminous record in this case, we are convinced that the issue presented in the 1994 appeal with reference to the applicability of the Statute of Frauds was the same issue litigated and finally settled by the 1988 Court of Appeals' Opinion. It is worthy of emphatic repetition, however, that this Court has not decided the substantive principles of law involved here.

  10. Sherley v. Com

    889 S.W.2d 794 (Ky. 1994)   Cited 40 times
    In Sherley v. Commonwealth, 889 S.W.2d 794, 798 (Ky. 1994), we noted that "[o]nce the defendant decides to... testify in open court, he waives his Fifth Amendment privilege. There was nothing improper about introducing the prior testimony at the second trial."

    The distinguishing factor between the law of the case opinions and the current situation is that where the law of the case applies, it is limited to situations where a ruling of law is made based on existing law and that ruling has gone unchallenged during the original appeal. See Inman v. Inman, Ky., 648 S.W.2d 847 (1982); Siler v. Williford, Ky., 375 S.W.2d 262 (1964); Martin v. Frasure, Ky., 352 S.W.2d 817 (1962). In the current situation, the law changed between the first and second trials.