WKU Public Radio News Staff
Fri June 22, 2012
Kentucky Court Upholds Man's Actions Under "Stand Your Ground" Law
The Kentucky Court of Appeals has issued a divided ruling related to Kentucky’s version of a “stand your ground” law. Those laws have been in the national spotlight recently following the shooting death of Florida teenager Trayvon Martin.
The Kentucky case involves a man accused of manslaughter following a brawl outside a bar.
The Kentucky Court of Appeals has dismissed the manslaughter conviction of 27-year-old Brian Lemons. The northern Kentucky resident stabbed another man to death in 2008 following a fight outside a bar.
In a 2-to-1 vote, the court decided prosecutors couldn’t overcome Lemons’ claim of self-defense under Kentucky’s version of the “stand your ground” law.
Judge Joseph Lambert said Lemons’ actions were covered by the law, which was passed in 2006. The law says someone has no duty to retreat if they are in a place where they have a legal right to be.
Judge Kelly Thomson dissented, saying Kentucky’s law needs clarification and called on the Kentucky Supreme Court to take up the case.