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241 S.W.3d 805

Parker v. Commonwealth

Kentucky Supreme Court

Decided December 20, 2007

Kentucky Supreme Court · decided 2007-12-20

Cited by 7 later decisions — most recently September 2018

7 state decisions

Relies on Combs v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 2007-12-20

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¶1Opinion by

Justice SCOTT,

¶2concurring in part and dissenting in part.

¶3I concur with the majority regarding Parts II and IV of the opinion but write separately to dissent on Part III — I do not believe that Parker was entitled to an instruction on second-degree manslaughter. “An instruction on a lesser included offense is not required unless the evidence is such that a reasonable juror could doubt that the defendant is guilty of the crime charged but yet conclude that he is guilty of a lesser included offense.” Combs v. Commonwealth, 652 S.W.2d 859, 861 (Ky.1983). In this matter, no reasonable juror in this case could conclude that Parker was guilty of a lesser included offense.

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