Kentucky

Defendant should have been given directed verdict: HATFIELD V. COM. (SC 1/24/2008)

By Michael Stevens

HATFIELD V. COM.
CRIMINAL:  DIRECTED VERDICT
2006-SC-000333-MR.pdf
PUBLISHED: AFFIRMING IN PART, REVERSING IN PART
OPINION BY SCOTT
DATE RENDERED: 01/24/2008

SC affirmed Defendant's convictions for attempted murder and intimidating a witness. However, Defendant's conviction for kidnapping was reversed and the matter remanded back to the Clay Circuit Court for resentencing. TC's error in failing to make the appropriate finding allowing a witness to remain in court was harmless. Defendant was not entitled to a directed verdict of acquittal on the attempted murder and intimidating a witness charges. Defendant should have been granted a directed verdict as to the kidnapping charge by virtue of his qualifying for the Kidnapping Exemption statute KRS 509.050.

SCOTT C. BYRD

Full post as published by Kentucky Cases on February 20, 2008 (boomark / email).