YOU BE THE JUDGE The defendant before you has been charged with murder. No one disputes that she shot her husband between the eyes, killing him instantly. She contends that Is the prosecution's under the state's "stand your ground" law, she was justified in using deadly evidence admissible? force. The statute, which is similar to the Florida statute, specifically says there Why or why not? Is is no duty to retreat when one is in a place she has a right to be. Defendant's the defendant correct husband, who had a history of domestic abuse, was threatening her in the cou- that under the "stand ple's bedroom, she contends, and she believed he would take the hand gun she your ground" law all was holding away from her and use it on her. that she must show The prosecution contends the defendant had been in similar situations in is that she actually the past, and knew she could simply leave the house and avoid any serious in- believed she was jury. As a result, the prosecution wants you to permit it to introduce evidence being threatened by of past domestic assaults, and the fact the defendant safely retreated from those deadly force? If not, assaults. The prosecution argues such evidence would be relevant to the jury for its determination of whether the defendant "reasonably believed it is necessary should you instruct to do so to prevent death or great bodily harm." the jury on lesser The defendant contends the jury should be instructed it could either convict offenses, such as her of murder, or find her not guilty of murder by reason of self-protection, reckless homicide? based on her actual belief her husband was threatening her with deadly force. See Commonwealth The self-protection law, she contends, requires only that she actually believed V. Hasch, 421 S.W.3d she was threatened with deadly force, even if that belief was unreasonable. 349 (Ky. 2013) Thus, she claims, she cannot be convicted of any lesser crime, like manslaugh- ter or reckless homicide. n Aggressor