CALDWELL v. COM.

Nos. 2002-SC-0410-MR, 2003-SC-0155-TG.

133 S.W.3d 445 (2004)

James E. CALDWELL a/k/a James Caldwell, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing and Grant of Modification May 20, 2004.


Attorney(s) appearing for the Case

Gail Robinson, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Counsel for Appellant.

Gregory D. Stumbo, Attorney General of Kentucky, Ian G. Sonego, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, Counsel for Appellee.


WINTERSHEIMER, Justice.

Caldwell appeals from a judgment based on a jury verdict which convicted him of one count of murder and theft over $300. He was sentenced to life in prison and five years concurrently. Caldwell also appeals from an order denying his motion for a new trial based on newly discovered evidence. We have consolidated these two appeals in order to render one opinion.

The questions presented are...

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