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Kentucky Affirmative Defense Law
 

RANDALL THOMAS HESTER V. COMMONWEALTH OF KENTUCKY

The testimony presented at trial included the following. On the evening
of November 10, 2011, Appellant and his girlfriend, Jessica Womack, gathered
with other drug-using acquaintances at Judy Seabolt's home in Warren
County. According to Seabolt, Womack and Appellant had an argument that
escalated to physical violence, with Appellant beating Womack and pointing a
pistol a... More...
   $0 (09-27-2016 - KY)

WALTER SCHMUCK V. COMMONWEALTH OF KENTUCKY

Leitchfield Police received complaints about high traffic volume and
unusual activity at David Hicks's home. A confidential informant told police
David Hicks sold hydrocodone and morphine pills from the home. The
informant also told police David Hicks used methamphetamine and David's
nephew, Rickey Hicks, made methamphetamine "inside of a shed outside of the
residence." Po... More...
   $0 (09-27-2016 - KY)

MATTHEW SMITH A/K/A MADDIE SMITH V. COMMONWEALTH OF KENTUCKY

It appears that the only witnesses to the events that occurred in the
hours immediately preceding Eric Schreiber's death were Smith and Eric
Schreiber (Schreiber). As such, we note that the background facts provided
only present Smith's rendition of what occurred on the morning of January 1,
2014.
On December 31, 2013, Smith attended a New Year's Eve party at David
an... More...
   $0 (09-27-2016 - KY)

BRITT DECKERT V. COMMONWEALTH OF KENTUCKY

Appellant, Britt Deckert, was twenty-six years old in the summer of
2013. He lived with his father, his half-brother, A.J., and A.J.'s wife, Emma
Belle, and step-daughter, Jessica,' in a small house in Marion, Kentucky.
Appellant and Emma Belle had previously been engaged in a sexual
relationship. On August 1, 2013, A.J. was attempting to help Appellant repair
a television... More...
   $0 (09-27-2016 - KY)

JOSEPH M. DOBBINS V. COMMONWEALTH OF KENTUCKY

The following facts are not in dispute. In April 2012, Dobbins traveled
with his then-girlfriend Edie Gray (Gray) from their home in Braxton County,
West Virginia, to Caldwell County, Kentucky, to attend the funeral of Gray's
grandmother. The day after the funeral, Dobbins and Gray went to the house
of the victim, Jane,' who was eleven years old at the time
While at Jane's... More...
   $0 (09-27-2016 - KY)

CARLOS LAMONT ORDWAY V. COMMONWEALTH OF KENTUCKY

During a summer evening in 2007, Ordway was traveling in the front
passenger seat of a stolen car with two acquaintances. Rodriquez "Hot Rod"
Turner was the car's driver and Patrick "Lee Lee" Lewis was in the back
passenger seat directly behind Ordway. According to Ordway, the group was
traveling from Louisville to Lexington to traffic in narcotics. The plan was for
Ordway... More...
   $0 (09-27-2016 - KY)

SAMANTHA G. HOLLAWAY V. DIRECT GENERAL INSURANCE COMPANY OF MISSISSIPPI, INC.

This bad-faith insurance dispute began as a low-speed automobile
collision in an apartment complex parking lot. The accident involved a vehicle
owned and driven by Harry Sykes III and a vehicle owned by Samantha
Hollaway and driven by Danny Bartlett. Both parties rely on their own
accounts of the series of events leading up to the accident.
According to Hollaway, Bartlett ... More...
   $0 (09-27-2016 - KY)

MATT JONES, ET AL. V. LARRY BENNETT, RUSSELL COUNTY SHERIFF, ET AL.

Russell County 911 dispatch received a call reporting a black Camaro
passed them at a high rate of speed and appeared to have entered Twin Creek
Estates, a sparsely populated residential development in a rural area. Sheriffs
Deputy Nick Bertram' was dispatched to investigate. Roughly twenty minutes
after the 911 call, Deputy Bertram turned onto Wooldridge School House Road
... More...
   $0 (09-04-2016 - KY)

DAVID MAYES V. COMMONWEALTH OF KENTUCKY

In 2010, the Appellant, David Mayes, began dating and soon thereafter
moved in with Tonya and her three children: Greg, Tom, and Katie. 1 Mayes,
Tonya, and the children lived at various locations in Whitley and Laurel
1 To protect the victims' identities, the victims' mother is only referred to as "Tonya" and pseudonyms have been used for each of the victims.
counties - first... More...
   $0 (09-04-2016 - KY)

BRYAN WILLIS V. COMMONWEALTH OF KENTUCKY

At around 7:30 p.m. on January 9, 2014, Bryan Willis and his then
girlfriend, Sara Moran, were sitting in a parked late model SUV on the side of
the road near a gravel pit in Leitchfield. Officer Jesse Townsend noticed them
as he came from the other direction and stopped to make sure everything was
okay. Willis then drove off. In response, Officer Townsend turned on his lights <... More...
   $0 (09-04-2016 - KY)

WILLIAM BROCK V. COMMONWEALTH OF KENTUCKY

In the early-morning hours of February 16, 2012, a knock at the door
awakened the fifty-two-year-old victim, who lived alone. She opened the door
slightly to find a man standing outside. He asked the victim if "Lisa" was
home, and she informed him there was no one there by that name. The man
then asked to use the phone, and the victim refused.
At that point, the man pushed... More...
   $0 (09-04-2016 - KY)

KENNETH J. MATTINGLY V. COMMONWEALTH OF KENTUCKY

Mattingly and his wife, Lisa, were separated, and both of them were
living with friends. One evening, Mattingly borrowed his friend's truck and
drove to the place where Lisa was staying. Discovering a gun left in the truck,
he used the weapon to coerce Lisa into the truck by pointing it at her and then
threatening to shoot himself if she did not go with him. He then drove them ... More...
   $0 (09-04-2016 - KY)

DAVID ALAN JENKINS V. COMMONWEALTH OF KENTUCKY

The record indicates that in early 2006, the alleged victim in this case,
"Jane," was residing at the Genesis Home in Mayfield, Graves County,
Kentucky. At that time the Mayfield Genesis Home provided group-home
services to girls. According to the Commonwealth, Jane had been sent there in
conjunction with a juvenile prosecution. Jane revealed to one of the home's
counselor... More...
   $0 (09-04-2016 - KY)

KYLE SHEETS V. COMMONWEALTH OF KENTUCKY

Kyle Sheets lived with his wife, Rhonda, and her two minor children,
Michelle and Adam,' in a small, two-story residence in Elsmere, Kentucky.
In August 2012, then-nine-year-old Michelle told a friend that Sheets
had previously made her "suck his dick." Adam, thirteen years old at the time,
overheard this and told their mother. Rhonda immediately confronted Sheets
1 Consi... More...
   $0 (09-04-2016 - KY)

ALLEN WAYNE HATCHER V. COMMONWEALTH OF KENTUCKY

At the outset, we note that there are different versions of what occurred
on the night in question. We set forth the substantially agreed on facts before
the witnesses' retellings diverge.
On the night of November 6, 2003, Edward Tankersly and Christopher
Sexton drove from Tennessee to a bar in Bowling Green to have a few drinks
and meet women. The pair used drugs at vario... More...
   $0 (06-21-2016 - KY)

RICARDO D. TAYLOR V. COMMONWEALTH OF KENTUCKY

In August 2012, Appellant, Ricardo D. Taylor, had been dating Tina
Norman for nearly one month. The two had also been living together at Tina's
apartment. Around noon on August 2, 2012, while at Tina's apartment, Taylor
began questioning her about cheating on him with another man. Tina, who
was high at the time, laughed in response and Taylor became very angry. He
threw a ... More...
   $0 (06-21-2016 - KY)

ISAIAH TYLER V. COMMONWEALTH OF KENTUCKY

At around 4:40 a.m. on the morning of December 4, 2013, Erin Floyd,
manager of the EZ Shop in Henderson, was training an employee, LaStar
McGuire, when three black men wearing hooded sweatshirts and masks
entered the store. One of the assailants was armed with a hatchet, and the
other two were armed with knives.
The women were ordered to lie on the floor. Floyd was then gr... More...
   $0 (06-21-2016 - KY)

JORDAN GREEN V. COMMONWEALTH OF KENTUCKY

The evidence presented by the Commonwealth at trial reflected the
following facts. During the evening of June 10, 2013, Jordan Green gathered
with some friends at the home of Robert and Bobby Turner. Among those in
attendance were Robert and Bobby Turner, Jeremy Bowling, and Anthony
Wallace. During the evening, Green suggested to the group that they rob the
Garrard Market,... More...
   $0 (06-21-2016 - KY)

ERNEST LEE MANERY V. COMMONWEALTH OF KENTUCKY

Manery was in a romantic relationship with Sarah Spicer, and they lived
together with Sarah's parents, Donald and Patricia Spicer. Other occupants of
the Spicers' residence included a number of Sarah's family members and
acquaintances, including Sarah's ten year-old daughter, Jane. 2 Patricia had
custody of Jane since her birth, because Jane was born with marijuana in her
... More...
   $0 (06-20-2016 - KY)

KEVIN B. HERP V. COMMONWEALTH OF KENTUCKY

Herp's criminal charges derive from accusations of inappropriate sexual
conduct from his nephew. In 2011, the nepheW reported to the police that
1 Ky.Const. § 110(b)(2).
Herp had molested him over twenty years earlier, around when he was a child
of eight or nine years old. In an interview with law enforcement, the nephew
recounted the contact began with Herp brushing his h... More...
   $0 (06-20-2016 - KY)

SHANNON GEARY V. COMMONWEALTH OF KENTUCKY

On August 27, 2014, a neighbor spotted William Faith on the side of the
road, bound by extension cords, yelling for help. Earlier in the day, a woman
approached Faith's house claiming she was there to deliver a letter from his
paramour. Under these false pretenses, she and the two men who
accompanied her gained entry to Faith's home. One of the men concealed his
identity w... More...
   $0 (06-20-2016 - KY)

DAVID A. CALHOUN V. COMMONWEALTH OF KENTUCKY

Six-year-old Rachel'2 was Calhoun's stepdaughter. Her mother left
Rachel at home with Calhoun while she went shopping. Calhoun allegedly took
Rachel into his bedroom where he forced her to perform oral sex on him and
warned her not to tell anyone about the incident.
When Rachel's mother returned home, Rachel told her something had
happened while she was gone. Rachel's mot... More...
   $0 (06-20-2016 - KY)

THE KENTUCKY SHAKESPEARE FESTIVAL V. BRANTLEY DUNAWAY

In May 2011, KSF, a nonprofit theatrical organization, hired Brantley
Dunaway to serve as its director. KSF and Dunaway entered into an
Employment Agreement which provided Dunaway with an annual salary to be
supplemented with bonus payments each fiscal year if certain revenue
increases were achieved. Two years later, amid accusations of impropriety,
KSF terminated Dunaway'... More...
   $0 (06-20-2016 - KY)

DEDRICK A. JACKSON V. COMMONWEALTH OF KENTUCKY

In 2011, police received several anonymous tips that Dedrick Jackson
and his girlfriend, Anna Roberts, were selling drugs out of their apartment.
They set up surveillance of the apartment, during which officers observed
activity that, in their experience, was characteristic of drug trafficking,
including heavy visitor traffic to the apartment, brief visits, and suspicious
... More...
   $0 (05-06-2016 - KY)

JAMES DEE LANHAM V. COMMONWEALTH OF KENTUCKY

Between the dates of January 15, 2012, through September 8, 2012, the
Appellant, James Dee Lanham committed a series of sexual assaults and other
sex crimes against three minor girls. The majority of the crimes involved a
young girl named Amy,' who was less than twelve years old when the crimes
occurred. The other two victims, Heather and Elizabeth, were less than sixteen
... More...
   $0 (05-06-2016 - KY)

RAY HACKER V. COMMONWEALTH OF KENTUCKY

This case originally went to trial on February 14, 2012. Following trial,
the jury convicted Hacker of murder, and he appealed to this Court as a matter
of right. This Court reversed and remanded for a new trial because the trial
court had erroneously permitted the Commonwealth to introduce into evidence
a police report regarding a prior incident of domestic violence involving ... More...
   $0 (05-06-2016 - KY)

NITA HACKER V. COMMONWEALTH OF KENTUCKY

The parties dispute the majority of the facts; however, they agree on
certain facts, which we set forth first.
In May 2011, Hacker rented an apartment owned by Vaughn. Michael
Sams subsequently moved into the apartment with Hacker. Both Sams and
Hacker were unemployed and, as a result, were struggling to pay rent, and
Vaughn agreed to hire Sams to do some weed-eating work ... More...
   $0 (05-06-2016 - KY)

PAUL ESTES V. COMMONWEALTH OF KENTUCKY

Appellant and Megan Brooks began dating in January 2009. Megan and
her young daughter lived with Megan's mother, Debbie Brooks. Appellant
stayed there at times. According to Appellant, Megan had an appetite for crack
cocaine and methamphetamine and she introduced him to crack. At 3:53 a.m.
on July 20, 2009, Megan called 911 to report that Debbie was dead. Police
arriving a... More...
   $0 (05-06-2016 - KY)

TIMOTHY HATTON V. COMMONWEALTH OF KENTUCKY

On November 28, 2012, 79-year-old Betty Curtis and her daughter
stopped at a Shell gas station in Lexington to buy lottery tickets. Her daughter
waited in the car while Curtis entered the store. She got in line for the cash
register behind Timothy Hatton, holding her wallet, which contained credit
cards and about $375 in cash. Hatton turned around and grabbed the wallet.
C... More...
   $0 (05-06-2016 - KY)

CHARLES KIMBLE V. COMMONWEALTH OF KENTUCKY

On May 20, 2011, apartment manager Sherry Corley was on duty when
James Gray, a resident at the apartment complex, entered her office. Gray
appeared shaken and was screaming. Electrical cords hung from Gray's
bloodied arms and wrists. After Gray told Corley his girlfriend's cousin had
robbed him, Corley called 911. Gray then told the 911-operator that Appellant
Charles Kim... More...
   $0 (05-06-2016 - KY)

SHERMAN KEYSOR V. COMMONWEALTH OF KENTUCKY

Appellant was arrested in Graves County, Kentucky, and charged with
two counts of first degree sexual abuse. He was arraigned in the Graves
County District Court. Upon his application as an indigent, counsel was
appointed to represent him on those charges. After a preliminary hearing,
Appellant was bound over to the grand jury. Unable to post bond, he remained
in jail and ... More...
   $0 (05-06-2016 - KY)

COMMONWEALTH OF KENTUCKY V. CATON KAMIL JONES

Caton Jones and Salena Anderson were Detroit, Michigan, residents with
a get-rich-quick plan. The plan involved driving to Lexington, Kentucky, and
employing homeless men to sign up for two-year cell-phone service contracts
with no intent to make payments in order to obtain high-end international
smartphones at discounted rates. A particular Blackberry phone with
internati... More...
   $0 (05-06-2016 - KY)

COMMONWEALTH OF KENTUCKY V. DAVID MCKEE

On the evening of December 17, 2004, McKee was driving in Breathitt
County when his vehicle collided head on with a vehicle driven by Anthony
Wenrick. McKee was not injured, and Wenrick suffered only minor injuries.
Wenrick's wife, Michelle Wenrick, who was in the passenger seat, also did not
appear to be seriously hurt. But as it turned out, she suffered significant
inter... More...
   $0 (05-06-2016 - KY)

CURTIS MCGRUDER V. COMMONWEALTH OF KENTUCKY

In the wee hours of March 14, 2013, a neighbor witnessed a man
smoking a cigarette inside a house that the neighbor knew was unoccupied at
the time. (The owner of the house had purchased it in December 2012 and was
in the midst of renovating it before moving in.) The neighbor called police, who
arrived at the house shortly thereafter.
Upon their arrival, police surrounded ... More...
   $0 (05-06-2016 - KY)

KARU GENE WHITE V. COMMONWEALTH OF KENTUCKY

In 1980, White was convicted by a Powell Circuit Court jury of three
counts of capital murder, three counts of first-degree robbery, and one count of
burglary. He was sentenced to death for each of the three murders. Less than
1 Previous opinions of this Court have employed the term "mental retardation." In keeping with the most recent Federal case law, we will now employ the term ... More...
   $0 (05-06-2016 - KY)

STEPHEN W. WILLIAMS V. COMMONWEALTH OF KENTUCKY

Paul Montgomery died from a wound suffered from a single shotgun blast
to the chest, and a neighbor discovered his body the following day. Suspects
did not emerge until nearly two years later when one of the murder
participants, Danny Hill, came forward to police.
1 Ky.Const. § 110(2)(b).
Based upon Hill's narrative and information from various other
witnesses, Steph... More...
   $0 (05-06-2016 - KY)

JERRY JAMGOTCHIAN V. KENTUCKY HORSE RACING COMMISSION, ET AL

On May 21, 2011, Appellant Jerry Jamgotchian claimed Rochitta, a bay
filly, for $42,400 in a claiming race at Churchill Downs in Louisville, Kentucky.
Foaled February 26, 2008 in Pennsylvania, Rochitta was first purchased at the
2009 Keeneland Yearling Sales in Lexington, Kentucky for $160,000 by Rabbah
Bloodstock. Prior to her debut at Churchill Downs, Rochitta had run
pr... More...
   $0 (05-06-2016 - KY)

STATE OF KANSAS v. RICKY WINN

Based on evidence obtained during the execution of a search warrant, the State charged Ricky Winn with one count each of unlawful possession of at least 450 grams of marijuana with intent to distribute, unlawful cultivation of marijuana, unlawful possession of drug paraphernalia, and no tax stamp. The State dismissed the paraphernalia charge prior to trial. Testimony at the jury trial indicated t... More...   $0 (03-25-2016 - KY)

United States of America v. Louis Joseph Brothers

Ft. Campbell, KY - Former Chief Executive Office Sentenced to Over 7 years in Prison for Illegally Exporting Technology and to China and Money Laundering

Louis Brothers, 63, of Covington, Kentucky, was sentenced to 93 months in prison for illegally exporting sophisticated technology equipment to the People’s Republic of China (PRC) and concealing the unlawful proceeds. The sentence also i... More...
   $0 (03-02-2016 - KY)

RONALD LYNN CRAFT V. COMMONWEALTH OF KENTUCKY

On Christmas Eve night 2010, Craft stabbed Leonard Dixon in'the chest.
The wound was six inches deep. Dixon died within hours.
Earlier that night, Tywan Hinkle began his shift as a liquor store cashier.
When he began, he saw several intoxicated men congregated in the store lobby.
Hinkle was familiar with Craft, whom he knew by the nickname "Smacky." He
did not know Dixon b... More...
   $0 (03-17-2016 - KY)

 
 
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