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JONES v. COM.

No. 2009-SC-000221-MR.

366 S.W.3d 376 (2011)

Kenneth JONES, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied December 22, 2011.

Attorney(s) appearing for the Case

Erin Hoffman Yang , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General, Jason Bradley Moore , Assistant Attorney General, Office of Criminal Appeals, Attorney General's Office, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice SCHRODER.

This is a matter of right appeal in a case wherein Appellant was convicted of murder pursuant to a guilty but mentally ill verdict. Appellant's primary arguments are that the trial court erred in giving a "no duty to retreat" instruction regarding the victim and in refusing to admit evidence that Appellant believed he was being poisoned in jail. We hold that it was reversible error to give the "no duty to retreat" instruction...

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