Dwayne Mitchell (aka David Butin) v. Commonwealth of Kentucky

Summary

The court reversed Mitchell's convictions because the trial court affirmatively misrepresented that he could not use hybrid representation, thereby causing structural error. The court also held that the grand-jury irregularities did not require dismissal, the robbery evidence was sufficient, the kidnapping exemption did not apply, and the staged photographs were inadmissible. The court provided guidance for retrial concerning the photographs and robbery instructions but declined to address the remaining issues because they were unlikely to recur.