Brown v. Commonwealth

While I agree with the majority on the issues of “alleged juror misconduct” and “unpreserved issues,” I respectively dissent on the sufficiency of the evidence to support the “wanton murder” charges.

“In our dedication to severely punish... drivers who kill, a dedication which I share, we have grown indifferent to the difference between murder and manslaughter, an indifference which I do not share.” Bush v. Commonwealth, 839 S.W.2d 550, 558 (Ky.1992). (Leibson, J., dissenting). “I concede that fatal carelessness in the operation of a motor vehicle calls for stern punishment, but murder is…