Appeals court dismisses man's conviction under Ky. 'stand your ground' law

Appeals court dismisses man's conviction under Ky. 'stand your ground' law

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by Associated Press

WHAS11.com

Posted on June 22, 2012 at 1:50 PM

LOUISVILLE, Ky. (AP) -- A divided Kentucky Court of Appeals dismissed the manslaughter conviction of a northern Kentucky man after finding that prosecutors couldn't overcome his claim of self-defense in a brawl outside a bar.

By a 2-1 vote Thursday, the appeals court ordered the indictment against 27-year-old Brian Lemons dropped under Kentucky's version of the "stand-your-ground" law found in 16 states. Judge Joseph Lambert ruled that prosecutors couldn't present enough evidence to overcome Lemons' claims in stabbing to death another man in 2008.

Judge Kelly Thompson dissented, saying Kentucky's law needs clarification and called on the state Supreme Court to take up the case.

Kentucky enacted a "stand-your-ground" law in 2006, saying someone has no duty to retreat if they are in a place where they have a legal right to be.

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