Commonwealth of Kentucky v. Rita Mitchell

Summary

The court held that the Commonwealth failed to specify the legal duty underlying Mitchell’s alleged criminal omission, and that the omission was not preserved for ordinary appellate review. Nevertheless, the evidence could support one or more statutory or common-law duty theories, so dismissal of the assault charge was improper. The failure to identify the duty and instruct the jury accordingly rendered the assault trial fundamentally unfair; the assault conviction was vacated and the case remanded for possible retrial. No separate opinions were filed.