[BenLurkin]

Scroll down to 503.055 and 503.085 http://72.14.203.104/search?q=cache:HffQPwvPAyQJ:docjt.jus.state.ky.us/forms/legal/2006%2520statute%2520changes.pdf+krs+503.050&hl=en&gl=us&ct=clnk&cd=15

[vox_freedom]

I especially liked the sentence in the law that reads:

A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

Is Judge Sheila too dense to understand that language?

[Huntress]

Thanks for the link. That statute is not a great example of draftmanship, but I could follow it. It seems to me that the role of the court in this situation should be to hold an evidentiary hearing to determine either that 1)this defense definitely applies, in which case the charges should be dismissed, that 2) it does not apply, or that 3) the evidence is sufficently murky so as to present an issue for trial.