Friday, February 12, 2016

KYSC - Ragland reversal

Patrick Ragland v. Commonwealth, WL 9243531 (Ky. 2015) Published. Final

Self-defense instructions. This case was reversed for a new trial because the jury should have been instructed that Ragland was privileged to use physical force, including deadly force, if he believed it was necessary to protect himself from sexual intercourse compelled by force or threat. 

Stand Your Ground immunity from prosecution can be raised by writ, but this case now also holds that a defendant is entitled to appellate review of a trial court's denial of a motion to dismiss on grounds of immunity from prosecution due to legally justifiable use of force.

Adoptive admission by silence. witness's testimony that defendant said nothing when victim introduced her to defendant as “the guy I play house with,” did not come within exception to rule against hearsay for party's adoptive admission implied through silence.

Evidence that victim was HIV-positive was relevant to defendant's claim that he killed victim in self-defense, out of fear that he could contract disease, after victim attempted to engage in sexual intercourse with defendant.

Lucas Roberts and Daniel Whitley, trial counsel.
Susan Balliet, appellate counsel.