[BenLurkin]

If Judge Sheila can't understand this law then she needs to step down and let someone else preside.

[Tax-chick]

"To go into whether he is immune clearly requires fact-intensive decisions" that judges should not make, Isaac said.

That's true, to an extent. For instance, whether the dead man was genuinely an intruder, or was invited in and then killed by the occupant, is a question of fact that is extremely relevant.

[YOUGOTIT]

If the judge and the prosecutor cannot understand that one is allowed to defend oneself in ones home then they have a very low IQ or they are anti-American left-wing Democrats who support the criminals and not the victims.

[traditional1]

"Circuit Judge Sheila Isaac said. "It is absolutely silent on the court's role."

What a maroon.

The "Court" has no business in the law whatsoever; it's their to facilitate the rights of the accused and the offended parties, coupled with a JURY who determines the outcome based on the facts.

This Judge has the mis-conception that she is some sort of God or something, and only THE JUDGE can properly determine right and wrong..........

[vox_freedom]

Dear Sheila,
Ever hear of "a man's home is his castle"? He/she has a right to protect it including with the use of deadly force. Got it?

[Gay State Conservative]

First problem for *this particular" guy is that the law in question was passed after he committed the act(s) that resulted in him being charged.

[Niteranger68]

Funny. The perp ended up understanding the law quite clearly.

[HuntsvilleTxVeteran]

How is a sincere criminal, trying hard, going to get ahead in his profession if his victim fails to cooperate?
Almost all crime depends on the cooperation of the victim.
If the victim refuses his assigned role, the criminal is placed at a disadvantage, one so severe that it usually takes an understanding and compassionate judge to set right.

LAZARUS LONG

[<1/1,000,000th%]

Supporters of Senate Bill 38, also called the castle doctrine, said that previous law required Kentuckians to retreat from robbers breaking into their home or car.

Not so, Lawson says: Unlike many states, Kentucky never had such an obligation.

If the Professor is correct, then why was James Adam Clem arrested and why is he now being prosecuted? The new law didn't create a requirement to arrest and prosecute folks defending their property.

[Smogger]

Not a very informative article as to the facts of the case.

[Mister Da]

The law says a person has the right to use lethal force if he has "reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."

Isaac sided with prosecutors, who said that whether Newberg was an intruder or had committed a crime is a factual question that jurors must decide.

The law, as stated above, clearly says that the homeowner, not a jury, is to decide if a crime was being committed. Furthermore, according to the article, Issac herself admitted the law bars the police from even arresting Clem. So, why was he arrested, & why didn't Issac throw out the case, as she should.

Could it be the Issac & the prosecutor refuse to uphold the law as it is written? I suspect they prefer those 500 page laws, chock full of loopholes, so they can administer "justice" as they see it.

What was it Lincoln said? "...of the lawyers, by the lawyers, for the lawyers".

[Still Thinking]

"It is the worst legislation I have ever seen in 40 years," said Lawson, the principal drafter of Kentucky's penal code, which was adopted in 1975.

Supporters of Senate Bill 38, also called the castle doctrine, said that previous law required Kentuckians to retreat from robbers breaking into their home or car.

Not so, Lawson says: Unlike many states, Kentucky never had such an obligation.

When drafting the penal code, the General Assembly voted down such a requirement, he said.

So if the homeowner already had the right of self defense without obligation to retreat even before the new law was passed, how is this a big conundrum for the judge?

[jiggyboy]

Sounds like the judge is miffed that he can't spin the case or just make stuff up that sounds like an "interpretation of the law" as he gives instructions to the jury.

[longtermmemmory]

This judge is intentionally ignorant. This law codifies the common law maxim that retreat is not required in ones own home.

The judge does not like the law so the judge says it is controversial. Sooooo big brother.

[Beckwith]

The judge would know what a home intruder was if she woke up one night with a large figure looming over then end of her bed.

[hschliemann]

A Fayette judge struggled to make sense of Kentucky's new "home intruder" law yesterday, calling the National Rifle Association-backed legislation confusing, vague and poorly written.

She forgot nebulous and well-financed.

[Leftism is Mentally Deranged]

Liberal judges strike again. Are you a member of the NRA?

[BenLurkin]

Scroll down to 503.055 and 503.085 http://72.14.203.104/search?q=cache:HffQPwvPAyQJ:docjt.jus.state.ky.us/forms/legal/2006%2520statute%2520changes.pdf+krs+503.050&hl=en&gl=us&ct=clnk&cd=15

[Lonesome in Massachussets]

"We are all kind of treading on unknown water," she said.

When we're not busy mixing new metaphors.