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COM. v. MORRIS

No. 2002-SC-0845-DG.

142 S.W.3d 654 (2004)

COMMONWEALTH OF KENTUCKY, Appellant, v. Christopher Charles MORRIS, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 23, 2004.

Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General, Matthew D. Nelson, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellant.

Stephen W. Owens, Pikeville, Counsel for Appellee.

Francis J. Manion, American Center for Law and Justice-Midwest, Geoffrey R. Surtees, Center for Law and Justice for Catholics United for Life, New Hope, Counsel for Amicus Curiae American Center for Law and Justice.

Robert C. Cetrulo, Northern Kentucky Right to Life, Covington, Counsel for Amici Curiae Northern Kentucky Right to Life; and Kentucky Coalition for Life.

COOPER, Justice.

On March 15, 2001, Troy Thornsberry and his pregnant wife, Veronica Jane Thornsberry, were en route to Pikeville Methodist Hospital for the anticipated birth of their unborn child when their vehicle was struck by a pickup truck operated by Appellee, Christopher Charles Morris. Mr. Thornsberry was injured in the collision; his wife and unborn child were killed. A post-mortem examination revealed that the child was a viable fetus who would have been...

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