Logourl black
From our private database of 14,000+ case briefs...

Robertson v. Commonwealth

Supreme Court of Kentucky
82 S.W.3d 832 (2002)


Facts

In the middle of the night, Officer Brian Kane sought to arrest Shawnta Robertson (defendant) for possession of marijuana. Robertson fled on foot and sprinted toward a bridge crossing the Ohio River. Kane radioed for assistance from other officers. When Robertson reached the bridge, he vaulted over a concrete barrier that separated the bridge’s roadway and pedestrian walkway. Michael Partin was one of three additional officers who arrived at the scene to assist Kane. The two other officers watched as Partin exited his police vehicle, ran toward the bridge, and vaulted over the concrete barrier. Partin did not reach the pedestrian walkway and instead fell to his death in the river below. There was a 41-inch gap between the concrete barrier and the pedestrian walkway. It is unknown whether Partin was unaware of the gap or whether he merely misjudged his vault. Robertson was convicted of manslaughter in the second degree for wantonly causing the death of another. The court of appeals affirmed. Robertson appealed on the ground that Robertson should not be criminally liable for the death that resulted from Partin’s own volitional conduct.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Cooper, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Concurrence (Graves, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion.

To access this section, please start your free trial or log in.

Dissent (Keller, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.