Defendant should have been given directed verdict: HATFIELD V. COM. (SC 1/24/2008)

HATFIELD V. COM.
CRIMINAL:  DIRECTED VERDICT
2006-SC-000333-MR.pdf
PUBLISHED: AFFIRMING IN PART, REVERSING IN PART
OPINION BY SCOTT
DATE RENDERED: 01/24/2008

SC affirmed Defendant’s convictions for attempted murder and intimidating a witness. However, Defendant’s conviction for kidnapping was reversed and the matter remanded back to the Clay Circuit Court for resentencing. TC’s error in failing to make the appropriate finding allowing a witness to remain in court was harmless. Defendant was not entitled to a directed verdict of acquittal on the attempted murder and intimidating a witness charges. Defendant should have been granted a directed verdict as to the kidnapping charge by virtue of his qualifying for the Kidnapping Exemption statute KRS 509.050.

SCOTT C. BYRD