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BRATCHER v. COM.

Nos. 2009-CA-001084-MR, 2009-CA-001085-MR.

406 S.W.3d 865 (2012)

Phillip BRATCHER, Appellant v. COMMONWEALTH of Kentucky, Appellee. and Mark Bratcher, Appellant v. Commonwealth of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 17, 2013.

Discretionary Review Denied by Supreme Court September 18, 2013.

Attorney(s) appearing for the Case

M. Brooke Buchanan , Assistant Public Advocate, Frankfort, KY, for appellant Phillip Bratcher.

Brian Thomas Ruff , Assistant Public Advocate, Frankfort, KY, for appellant Mark Bratcher.

Jack Conway , Attorney General of Kentucky, Gregory C. Fuchs , Assistant Attorney General, Frankfort, KY, for appellee.

Before KELLER, NICKELL and STUMBO, Judges.

OPINION

NICKELL, Judge:

Phillip Bratcher1 and his brother, Mark Bratcher, were jointly tried and convicted of the 1999 for-profit strangulation death of Susan Andrew in Louisville, Kentucky. Mark faced the death penalty; Phillip did not. Both men seek to overturn their intentional murder2 convictions due to ineffective assistance of counsel under RCr3

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