HODGE v. COM.

Nos. 1999-SC-0050-MR, 1999-SC-0498-MR, 1999-SC-0051-MR, 1999-SC-0499-MR.

68 S.W.3d 338 (2001)

Benny Lee HODGE, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee, and Roger Dale Epperson, Appellant, v. Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing March 21, 2002.


Attorney(s) appearing for the Case

John Palombi, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Elizabeth A. Shaw, Richmond, Counsel for Appellant Hodge.

A.B. Chandler III, Attorney General of Kentucky, Ian G. Sonego, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, Counsel for Appellee.

Randall L. Wheeler, Julia K. Pearson, Assistant Public Advocates, Department of Public Advocacy, Frankfort, Counsel for Appellant Epperson.

A.B. Chandler III, Attorney General of Kentucky, Connie Vance Malone, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, Counsel for Appellee.


JOHNSTONE, Justice.

Appellants, Roger Dale Epperson and Benny Lee Hodge, were convicted of robbery, burglary, attempted murder, and murder in the Letcher Circuit Court. Each received the death penalty. We affirmed their convictions and sentences on direct appeal to this Court. Epperson v. Commonwealth, Ky., 809 S.W.2d 835 (1990), cert. denied, Hodge v. Kentucky, 502 U.S....

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