Thursday, February 20, 2014

KYSC - Mitchell - Hybrid Representation/Jury Instruction/Misleading Photos

Dwayne Mitchell v. Commonwealth- KSC, 2/20/2014, to be published

The Kentucky Supreme Court reversed and remanded, finding that the trial court violated Mr. Mitchell’s right to hybrid representation by denying him the right to represent himself on a pre-trial motion while still retaining the services of counsel for the remainder of the proceedings. The trial court further erred in providing jury instructions that omitted an essential element of first-degree robbery and erroneously allowing the introduction of misleading photographs.  

Tom Ransdell and Kate Benward of DPA Appeals represented Mr. Mitchell on appeal.

Contributed by Karen Maurer