# Swan v. Commonwealth

> Kentucky Supreme Court · August 23, 2012 · 384 S.W.3d 77

URL: https://www.frixlaw.com/law-library/cases/5111648

## Case

- **Full name:** Marcus D. SWAN v. COMMONWEALTH of Kentucky, Appellee and D'Andre Owens v. Commonwealth of Kentucky
- **Court:** Kentucky Supreme Court
- **Decided:** August 23, 2012
- **Citations:** 384 S.W.3d 77; 2012 Ky. LEXIS 111; 2012 WL 3631412
- **Precedential status:** Published
- **Opinion:** Concurring in part by Schroder
- **Judges:** Abramson, Cunningham, Minton, Noble, Schroder, Scott, Venters
- **Cited by:** 71 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5111648

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5111648. Public record. Not legal advice.