Commonwealth v. Lemons
Annotate this CaseIn 2008, Appellant stabbed and killed Cory Kessnick. Appellant filed a motion to dismiss, arguing that he was entitled to immunity under Ky. Rev. Stat. 503.085, which provides immunity from criminal prosecution to persons who use force in self defense or defense of others. The trial court denied the motion, concluding that there was sufficient evidence to support the finding that the use of force employed by Appellant was unlawful. Appellant subsequently entered an Alford plea to charges of second-degree murder and assault under extreme emotional distress but appealed the denial of his motion to dismiss. The court of appeals reversed after undertaking a de novo review of the evidence on record. The Supreme Court reversed, holding that (1) court of appeals applied the incorrect standard of review in reversing the denial of Appellant’s motion to dismiss; and (2) under the correct standard of review, there was a substantial basis for the trial court’s rulings.
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