Pollini v. Commonwealth

I concur fully in Justice Graves’s well-reasoned majority opinion. I write separately only to address Appellant’s unpreserved claim that the self-protection instruction erroneously included the statutory language that he was privileged to use physical force against Byron Pruitt “if ... he believed that Byron Pruitt was there about to use unlawful physical force against him.” Appellant complains that this instruction, while conforming to the language of KRS 503.050(1), does not conform to the language of the specimen self-protection instruction recommended in 1 William S. Cooper, Kentucky…