Moran v. Commonwealth

OPINION

COMBS, Judge:

Michael Moran appealed his conviction of fourth-degree assault in the Lewis Circuit Court. The Commonwealth petitioned for and was granted discretionary review by the Supreme Court of Kentucky. On the original appeal, this Court vacated Moran’s conviction. This case now comes to us on remand from the Supreme Court of Kentucky, which has directed us to examine the case anew in the light of its ruling in Graves v. Commonwealth, 384 S.W.3d 144 (Ky.2012), which was rendered six months after our decision. After our re-examination, we agree that our original disposition vacating…