Tonia Caldwell v. Commonwealth of Kentucky

RENDERED: MAY 28, 2021; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2019-CA-1738-MR TONIA CALDWELL APPELLANT APPEAL FROM PIKE CIRCUIT COURT v. HONORABLE STEVEN D. COMBS, JUDGE ACTION NO. 18-CR-00196 COMMONWEALTH OF KENTUCKY APPELLEE OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: CALDWELL, KRAMER, AND MAZE, JUDGES. MAZE, JUDGE: The primary question in this appeal is whether the inclusion of inapplicable no-duty-to-retreat language in an instruction on self-protection deprived appellant Tonia Caldwell of a fair trial. Because we are convinced that the…