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HARDIN v. COM.

No. 2011-SC-000722-TG.

396 S.W.3d 909 (2013)

Garr Keith HARDIN and Jeffrey Dewayne Clark, Appellants v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

April 25, 2013.

Attorney(s) appearing for the Case

Jason Kreag , The Innocence Project, New York, NY, Larry David Simon , Louisville, KY, Linda A. Smith , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant, Garr Keith Hardin.

Kathleen Kallaher Schmidt , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Theodore S. Shouse , Louisville, KY, Counsel for Appellant, Jeffrey Dewayne Clark.

Jack Conway , Attorney General, Perry Thomas Ryan , Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice CUNNINGHAM.

We accepted transfer to consider the issue of post-conviction DNA testing in a non-capital case. Appellants herein were convicted of the 1992 murder of Rhonda Sue Warford, based on highly circumstantial evidence. Both were sentenced to life imprisonment. Appellants, now represented by the The Innocence Project, seek the release of certain physical evidence recovered from the crime scene (namely, unidentified hairs found...

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