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COUCH v. MARICLE

No. 97-SC-1108-MR.

998 S.W.2d 469 (1999)

Losie COUCH, Appellant, v. R. Cletus MARICLE, Judge, Clay Circuit Court, Appellee, and Commonwealth of Kentucky, Real Party in Interest.

Supreme Court of Kentucky.

August 26, 1999.

Attorney(s) appearing for the Case

Stephan Charles, Manchester, for Appellant.

R. Cletus Maricle, Judge, Clay Circuit Court, Manchester, for Appellee.

A.B. Chandler, III, Attorney General of Kentucky, Dina Abby Jones, Assistant Attorney General, Criminal Appellate Division, Office of Attorney General, Frankfort, for Real Party in Interest.

JOHNSTONE, Justice.

Appellant, Losie Couch, was tried and convicted of the murder of her husband. After her conviction, the trial court granted Couch a new trial on grounds that the prosecution failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). A new trial date was set and Couch petitioned the Court of Appeals for a writ to prohibit her retrial on double...

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