Commonwealth v. Elmore

R. ALLEN WILSON, Special Justice.

Discretionary Review was granted the Commonwealth in this case after an adverse ruling in the Court of Appeals.

The Appellee/Defendant, Ronald Eugene Elmore, had originally appealed a conviction from the Jefferson Circuit Court alleging that the trial court improperly gave an instruction under KRS 508.040 (assault under extreme emotional disturbance) which mitigates a conviction for assault under KRS 508.010 (assault in the first degree), 508.020 (assault in the second degree), and 508.030 (assault in the fourth degree).

Elmore argued to the Court of Appeals…