Opinion

Swan v. Commonwealth

  • 384 S.W.3d 77
  • 2012 Ky. LEXIS 111
  • 2012 WL 3631412
Court
Kentucky Supreme Court
Filed
Aug 23, 2012
Status
Published
Author
Schroder
On the bench
Abramson, Cunningham, Minton, Noble, Schroder, Scott, Venters
Cited by
71 cases

holding that there was insufficient evidence of wanton endangerment where evidence established that the victim was in a back bedroom, behind a closed door, and hiding under a bed when three shots were fired in the front living room

How later courts described this case

  • holding that there was insufficient evidence of wanton endangerment where evidence established that the victim was in a back bedroom, behind a closed door, and hiding under a bed when three shots were fired in the front living room
  • holding that a defendant’s failure to re-raise his Faretta motion to a new judge constituted abandonment of his request to proceed pro se or as co-counsel
  • holding that a defendant had abandoned his initial request to self-represent when he failed to raise the issue before the trial judge after the original judge had passed on the issue until trial
  • proof that defendants fired guns “near” other victims in plain view provided ample support for first-degree convictions related to those victims

Written by the judges who cited it.

The opinion

SCHRODER, J.,

Concurring in Part and Dissenting in Part:

I do not believe that the trial court erred in denying Owens’ motion for a directed verdict on the charge of first-degree wanton endangerment of Latonia Lump-kins. I would therefore affirm Owens’ conviction on that count. Otherwise, I fully concur in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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