Flagrant Nonsupport Case Dismissed
Kenton Circuit Court. Judge granted Elizabeth Selby’s motion of dismissal of flagrant nonsupport case after she proved that Client was not the biological father. The state failed to provide proper notice and service of process when they initiated the paternity action which had resulted in a default judgment of paternity against Client.
Manslaughter Case Dismissed for Lack of Evidence
Kenton Circuit Court. Manslaughter 2nd degree case was dismissed the day of trial after Elizabeth Selby and her co-counsel uncovered exculpatory evidence on the voluminous police body camera videos that had been turned over by the Commonwealth the night before trial.
Jury Acquits in Trafficking Marijuana Case
Kenton Circuit Court. Client was indicted for selling marijuana. To corroborate the confidential informant’s testimony, the Commonwealth introduced a recording of the alleged transaction, but the recording merely revealed people playing a video game. Elizabeth Selby cross-examined the confidential informant, discrediting her and further creating doubt. The jury returned a not guilty verdict.
Felony Assault Charge Results in Misdemeanor Conviction Under Imperfect Self-Defense
Kenton Circuit Court. A jury found Client not guilty of felony assault and guilty only of misdemeanor assault under the theory of imperfect self-defense. After a fight in a bar parking lot, Client stabbed the complaining witness to avoid being jumped by another person who was in the group of people surrounding him.
Jury Acquits on Felon in Possession of a Firearm Case
Kenton Circuit Court. The Commonwealth indicted Client with being a convicted felon in possession of a firearm after a shotgun was located next to the bed in which Client had allegedly been sleeping. Elizabeth Selby aggressively and successfully litigated pretrial motions which limited evidence and testimony the Commonwealth was permitted to introduce. The Commonwealth was still permitted to introduce a surveillance video purporting to show Client with the gun. However, inconsistent testimony was revealed upon cross-examination of one of the primary investigating officers. After deliberation the jury returned a not guilty verdict.
Jury Acquits on Robbery and Assault Case
Kenton Circuit Court. Client was indicted for Robbery in the first degree and Assault in the first degree. He and three other co-defendants were accused of luring a man to an apartment complex, stealing his phone, wallet and car keys, and shooting him after a struggle ensued. Elizabeth Selby was able to prove the only neutral eyewitness identifying Client as being a participant was impaired at the time of the shooting thus rendering the witness’s information unreliable. Cross-examination of the co-defendants revealed their plea agreements were contingent upon testimony against Client, including the co-defendant who had previously admitted to doing the shooting. This further cast doubt upon the Commonwealth’s case due to the co-defendants’ motive to lie for their own benefit. After deliberation the jury returned a not guilty verdict.
Jury Acquits in Rape Case
Kenton Circuit Court. Client was indicted for rape. Elizabeth Selby cross-examined the complaining witness and was able to illicit many inconsistencies in her description of events. After a thorough cross-examination of the complaining witness the jury returned a not guilty verdict in twelve minutes.
Prior results do not guarantee a similar outcome.