Commonwealth v. Mitchell

Defendant was convicted for having assaulted by neglect a severely disabled young man who lived with her. The Court of Appeals effectively dismissed the indictment against Defendant for assault, concluding (1) contrary to Ky. Rev. Stat. 501.030(1), the Commonwealth failed to show that Defendant had a duty to care for the young man; and (2) therefore, the circuit court erred by denying Defendant’s motion for a directed verdict of acquittal. The Supreme Court reversed, holding that the Court of Appeals did not err in concluding that the Commonwealth did not properly plead its case against Defendant. Defendant, however, was not entitled to a directed verdict. Further, reinstatement of the assault conviction was not appropriate. Instead, the Supreme Court vacated the trial court’s judgment convicting Defendant of assault and remanded for additional proceedings.