LAPRADD v. COM.

No. 2009-SC-000214-DG.

334 S.W.3d 88 (2011)

George LAPRADD, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

March 24, 2011.


Attorney(s) appearing for the Case

Bruce P. Hackett , Daniel T. Goyette , Louisville Metro Public Defender, Louisville, KY, Counsel for Appellant.

Jack Conway , Attorney General, Joshua D. Farley , Assistant Attorney General, Attorney General's Office, Frankfort, KY, Counsel for Appellee.


Opinion of the Court by Justice SCHRODER.

The issue in this criminal appeal is the burden of proof and how the jury is to be instructed when a choice of evils defense is raised pursuant to KRS 503.030. Because the jury instructions improperly failed to place the burden of proof on the Commonwealth to show that the defendant was not privileged to take the action he did pursuant to a choice of evils, we reverse the conviction for possession of a handgun by a convicted...

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