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FRYREAR v. PARKER

No. 94-SC-539-DG.

920 S.W.2d 519 (1996)

Leroy FRYREAR, Daniel Jones, Charles McDonald, William Sloan, Robert Eugene Smith, Earl Stover, Willie A. Tinsley, Appellants, v. Phil PARKER, Warden Kentucky State Penitentiary, Appellee.

Supreme Court of Kentucky.

Rehearing Denied May 23, 1996.

Attorney(s) appearing for the Case

Allison Connelly, Public Advocate, Frankfort, William Burkhead, Hank Eddy, Assistant Public Advocates, James E. Story, Eddyville, for appellants.

Chris Gorman, Attorney General, Pamela J. Murphy, Assistant Attorney General, David A. Smith, David E. Spenard, Criminal Appellate Division, Office of Attorney General, Frankfort, Lloyd E. Spear, Vanceburg, Angela M. Ford, General Counsel, Cabinet for Human Resources, Department of Law, Frankfort, for appellee.

EDWIN I. BAER, Special Justice.

Prior to January 1, 1975, the seven appellants were convicted of rape and sentenced to the then correct statutory sentence for the crime, life without parole. The legislature of the Commonwealth of Kentucky subsequently enacted the 1975 penal code which amended the applicable sentencing statute to eliminate the phrase "without parole."

Appellants brought this habeas corpus action...

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