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Kentucky is the only state without provision on what happens if the penalty phase of the trial results in a hung jury. Thus, the Kentucky Supreme Court ruled that in cases that end with a hung jury, the judge must order a penalty retrial, applying the common law rule for mistrial. [2]
Sophia Rosing, 23, of Fort Mitchell, Kentucky, pleaded guilty to four counts of misdemeanor assault, as well as disorderly conduct and public intoxication, Fayette County Commonwealth Attorney ...
Kentucky Revised Statutes; University of Louisville Digital Collection: The statute law of Kentucky with notes, praelections, and observations on the public acts : comprehending also, the laws of Virginia and acts of Parliament in force in this commonwealth : the charter of Virginia, the federal and state constitutions, and so much of the king of England's proclamation in 1763 as relates to ...
The Kentucky General Assembly abolished the felony murder rule with the enactment of Kentucky Revised Statutes § 507.020. Recognizing that an automatic application of the rule could result in conviction of murder without a culpable mindset, the Kentucky Legislature instead allowed the circumstances of a case, like the commission of a felony, to be considered separately.
“Assault of a police officer is a Class C felony [which] carries a possibility of five to 10 years,” says William Butler, a Louisville-based criminal defense attorney.
The three officers who took part in the assault were Randall Dennis, James Benish and Jeffery Havens. Bunning sentenced Dennis to five years in prison ; Benish to 27 months; and Havens to 15 months.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
Jail records show that he was booked on charges of second-degree assault of a police officer, third-degree criminal mischief, reckless driving and disregarding signals from officers directing traffic.