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BARTH v. COM.

Nos. 1999-SC-1027-MR, 1999-SC-1056-MR.

80 S.W.3d 390 (2001)

Michael David BARTH, Appellant v. COMMONWEALTH OF KENTUCKY, Appellee. and Peter John BARTH, IV Appellant v. COMMONWEALTH OF KENTUCKY Appellee

Supreme Court of Kentucky.

Rehearing Denied August 22, 2002.

Attorney(s) appearing for the Case

John Palombi, Emily Holt, Department of Public Advocacy, Frankfort, Counsel for Appellant Michael David Barth (1999-SC-1027-MR).

A.B. Chandler, III, Attorney General, John E. Zak, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, Counsel for Appellee Commonwealth of Kentucky (1999-SC-1027-MR).

Timothy G. Arnold, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Counsel for Appellant Peter John Barth, IV (1999-SC-1056-MR).

A.B. Chandler, III, Attorney General, Vickie L. Wise, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee Commonwealth of Kentucky (1999-SC-1056-MR).

COOPER, Justice.

On May 8, 1998, two individuals entered the home of Randall Jackson in Nelson County, Kentucky, bound him, blindfolded him, tortured him, stole his money and certain other valuables, then drove off in his wife's Cadillac. Michael David Barth was arrested for these crimes on May 15, 1998. Two weeks later, Michael's brother, Peter John ("P. J.") Barth, IV, was arraigned in juvenile court and, on June 8, 1998...

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