Commonwealth of Kentucky, Appellant/cross-Appellee v. Janice Hasch, Appellee/cross-Appellant

Summary

The Kentucky Supreme Court reversed the Court of Appeals and reinstated Janice Hasch’s reckless-homicide conviction because the evidence supported conviction under an imperfect-self-defense theory, although it did not support straight reckless homicide. The court held that evidence of an available avenue of retreat generally may not be used to show that self-defense was unnecessary, and that a requested no-duty-to-retreat instruction is required when the statutory conditions apply; the evidentiary error here was harmless. The court also rejected Hasch’s cross-appeal challenges concerning unanimity, immunity, sentencing instructions, the autopsy report, and excluded testimony. Justice Scott, concurring, would have found Kentucky’s self-defense statutes and instructions unconstitutionally confusing and advocated restoring the prior law.