James v. Commonwealth

WINTERSHEIMER, Justice.

The convictions of Michael P. James for first-degree rape, second-degree burglary, receiving stolen property under $100, and first-degree persistent felony offender, were originally affirmed by this Court on *239March 30, 1983. James v. Commonwealth, Ky., 647 S.W.2d 794 (1983).

The United States Supreme Court granted certiorari and held that for federal constitutional purposes, James adequately invoked his substantive right to jury guidance, and Kentucky’s distinction between admonitions and instructions is not the kind of firmly established and regularly followed state…