Staples v. Commonwealth

While I agree with the majority that Nickolas Staples’ conviction for manslaughter must be reversed, I do so for an additional reason, namely, because he cannot be criminally liable under a theory that he had “actual custody” of his girlfriend’s child when the girlfriend was present. I also believe his conviction for criminal abuse is tainted for the same reason.

The majority concludes that the jury instructions in this case were correct to the extent that they allowed the jury to *830conclude that Staples had “actual custody” of the child victim under the criminal-abuse statutes, KRS 508.100-.…