Samantha Monahan Acosta v. Com., 2010-SC-97-DG, Kentucky Supreme
Court,
Ten year sentence. Reversed and remanded for new trial. The jury instruction under which Acosta was
found guilty of first-degree criminal under KRS 508.100. abuse was not supported by substantial evidence.
This was unpreserved, palpable error.
The evidence showed only that the defendant, as the child’s mother and
caregiver, had the opportunity to abuse her child. Since the Commonwealth’s proof was sufficient
under at least one theory of first-degree criminal abuse (knowingly allowing
another to commit the abuse), Acosta may be re-tried under the alternate
theory.
Contributed by Erin Yang
