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ST. CLAIR v. ROARK

No. 99-SC-0043-OA.

10 S.W.3d 482 (1999)

Michael D. ST. CLAIR, Petitioner, v. Honorable Hugh W. ROARK, Judge, Hardin Circuit Court, Respondent, and Commonwealth of Kentucky (Real Party in Interest), Respondent.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing February 24, 2000.

Attorney(s) appearing for the Case

James Gibson, Assistant Public Advocate, Frankfort, Steve Mirkin, Elizabethtown, for Petitioner.

A.B. Chandler, III, Attorney General, State Capitol, Frankfort, David A. Smith, Dana M. Todd, Assistant Attorneys General, Office of Attorney General, Criminal Appellate Division, Frankfort, Michael A. Wright, Assistant Attorney General, Special Prosecutions Division, Frankfort, for Respondents.

DENYING PETITION FOR A WRIT OF PROHIBITION

COOPER, Justice.

Michael D. St. Clair petitions this Court for a writ of prohibition to preclude the death penalty as a possible punishment in the event he is convicted of kidnapping Frank Brady. He has already been convicted and sentenced to death for Brady's murder and asserts that imposition of the death penalty for Brady's kidnapping would violate the constitutional proscription against double jeopardy...

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