wanton murder instruction in Kentucky

2000First of all, we note that the question presented in Shannon was whether a wanton murder instruction should have been qualified by the defense of self-protection, Shannon, 767 S.W.2d at 548 , which question was answered in the negative.

2000First of all, we note that the question presented in Shannon was whether a wanton murder instruction should have been qualified by the defense of self-protection, Shannon, 767 S.W.2d at 548 , which question was answered in the negative.

2025In fact, we noted “intoxication was but one factor which made Bowling’s conduct wanton.” Id. at 245 .

2023In addition to not showing where he raised that argument in his RCr 11.42 motion, Gribbins’ argument is directly contrary to our Supreme Court’s holding on direct appeal that “there was sufficient evidence presented at trial to justify the wanton murder instruction.” Gribbins, 483 S.W.3d at 376 .

2012Johnson, supra; Hudson, supra. See also, Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky.2006) (noting some of the evidentiary scenarios that could support a wanton murder instruction).

2012Johnson, supra; Hudson, supra. See also, Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky.2006) (noting some of the evidentiary scenarios that could support a wanton murder instruction).

2012Johnson, supra; Hudson, supra. See also, Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky.2006) (noting some of the evidentiary scenarios that could support a wanton murder instruction).

2000See, Moore v. Commonwealth, Ky., 771 S.W.2d 34, 37 (1989) (victim was pushed down an embankment, shot at and missed, and then shot in the head four times including a contact wound to the top of the head); Foster v. Commonwealth, Ky., 827 S.W.2d 670, 677 (1991) (five victims were brutally killed over a period of four hours, each shot at close range, stabbed repeatedly, crushed by a car, and in some instances burned, then left for dead at three separate locations throughout the city); Halvorsen v. Commonwealth, Ky., 730 S.W.2d 921 (1987) (“In view of the number, location, and lethal magnitude of

2000See, Moore v. Commonwealth, Ky., 771 S.W.2d 34, 37 (1989) (victim was pushed down an embankment, shot at and missed, and then shot in the head four times including a contact wound to the top of the head); Foster v. Commonwealth, Ky., 827 S.W.2d 670, 677 (1991) (five victims were brutally killed over a period of four hours, each shot at close range, stabbed repeatedly, crushed by a car, and in some instances burned, then left for dead at three separate locations throughout the city); Halvorsen v. Commonwealth, Ky., 730 S.W.2d 921 (1987) (“In view of the number, location, and lethal magnitude of

1998We stated that “the various provisions of the Penal Code, *438 construed as a whole, do not justify submitting the case on a wanton murder instruction where the issue is self-defense, as in this case.” McGinnis, 875 S.W.2d at 524 .

1994Terry's two remaining claims of error, which we will discuss first, are (1) a Doyle violation ( Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976)), which is a claim the prosecutor commented in a constitutionally impermissible manner on the accused's pretrial exercise of his right to remain silent; and (2) permitting the prosecutor to prove conviction of a felony for purposes of impeachment when the felony conviction was eleven years old.

1994Terry's two remaining claims of error, which we will discuss first, are (1) a Doyle violation ( Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976)), which is a claim the prosecutor commented in a constitutionally impermissible manner on the accused's pretrial exercise of his right to remain silent; and (2) permitting the prosecutor to prove conviction of a felony for purposes of impeachment when the felony conviction was eleven years old.

1992Barbour v. Commonwealth, Ky., 824 S.W.2d 861 (1992).

1990Nichols v. Commonwealth, Ky., 657 S.W.2d 932 (1983), cert. denied, 465 U.S. 1028 , 104 S.Ct. 1289 , 79 L.Ed.2d 691 (1984).

1990Nichols v. Commonwealth, Ky., 657 S.W.2d 932 (1983), cert. denied, 465 U.S. 1028 , 104 S.Ct. 1289 , 79 L.Ed.2d 691 (1984).

1990Nichols v. Commonwealth, Ky., 657 S.W.2d 932 (1983), cert. denied, 465 U.S. 1028 , 104 S.Ct. 1289 , 79 L.Ed.2d 691 (1984).

1990Nichols v. Commonwealth, Ky., 657 S.W.2d 932 (1983), cert. denied, 465 U.S. 1028 , 104 S.Ct. 1289 , 79 L.Ed.2d 691 (1984).

1990Nichols v. Commonwealth, Ky., 657 S.W.2d 932 (1983), cert. denied, 465 U.S. 1028 , 104 S.Ct. 1289 , 79 L.Ed.2d 691 (1984).

1990Nichols v. Commonwealth, Ky., 657 S.W.2d 932 (1983), cert. denied, 465 U.S. 1028 , 104 S.Ct. 1289 , 79 L.Ed.2d 691 (1984).

1990Nichols v. Commonwealth, Ky., 657 S.W.2d 932 (1983), cert. denied, 465 U.S. 1028 , 104 S.Ct. 1289 , 79 L.Ed.2d 691 (1984).

1990Nichols v. Commonwealth, Ky., 657 S.W.2d 932 (1983), cert. denied, 465 U.S. 1028 , 104 S.Ct. 1289 , 79 L.Ed.2d 691 (1984).

1986In Wallen v. Commonwealth, Ky., 657 S.W.2d 232 (1983), the defendant had not objected to a wanton murder instruction at trial, yet, on appeal, argued that the giving of this instruction was prejudicial error.

1986The Court stated that “[i]n Eversole v. Commonwealth, Ky., 550 S.W.2d 513 (1977), we held that this Court will not review alleged error in instructions on alternative mental states to murder unless the error is properly preserved for review by appropriate objections at the trial level.” Wallen, supra, at 234 .

1986The Court stated that “[i]n Eversole v. Commonwealth, Ky., 550 S.W.2d 513 (1977), we held that this Court will not review alleged error in instructions on alternative mental states to murder unless the error is properly preserved for review by appropriate objections at the trial level.” Wallen, supra, at 234 .