Hibbard v. Commonwealth

I must respectfully dissent from the majority opinion because I do not believe it was reversible error when the trial judge refused to give the tendered instructions relative to the no inference to be drawn from the defendant’s failure to testify at his persistent felony offender trial. As recently as October of 1982, this Court denied discretionary review of the case of Finney v. Commonwealth, Ky.App., 638 S.W.2d 709 (1982), in which the Court of Appeals held that there was no requirement to give a no inference of guilt instruction in a PFO trial because the defendant is not being tried on a…