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CLAYTON v. COM.

No. 89-SC-475-MR.

786 S.W.2d 866 (1990)

Earl CLAYTON, III, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 26, 1990.

Attorney(s) appearing for the Case

Franklin P. Jewell, Michael C. Lemke, Popkin, Stern & Meyer, Louisville, for appellant.

Frederic J. Cowan, Atty. Gen., Carol Ullerich, Asst. Atty. Gen., Frankfort, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Clayton of two counts of trafficking in cocaine, subsequent offense. He was sentenced to a total of forty years in prison.

The questions presented are whether it was reversible error to refuse to allow the defendant to call a witness who invoked the Fifth Amendment privilege; whether the trial judge conducted a proper inquiry into the Fifth Amendment claim of the...

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