Commonwealth of Kentucky, Appellant v. William Thomas Hager, Jr., Appellee

Summary

The court certified that fourth-degree assault cannot be a lesser included offense when the victim died, because that offense requires physical injury rather than death. It also clarified that self-protection may apply to offenses based on wantonness or recklessness, but the effect of a mistaken belief depends on the culpable mental state of the charged offense. The court identified numerous defects in the jury instructions and provided specimen instructions implementing these rules. Justice Keller, joined by Justice Stumbo, concurred in the certified answer and self-protection analysis but criticized the majority for reviewing unbriefed instructional issues and proposed a more specific verdict form.