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DAVIS v. COM.

No. 2002-SC-1092-MR.

147 S.W.3d 709 (2004)

Gary Wayne DAVIS, Appellant, v. COMMONWEALTH OF KENTUCKY Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing November 18, 2004.

Attorney(s) appearing for the Case

Marc S. Murphy, John Anthen Jeziorski, Stites & Harbison, Louisville, Counsel for Appellant.

Gregory D. Stumbo, Attorney General, Louis F. Mathias, Jr., Office of the Attorney General, Assistant Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee.

Opinion of the Court by Justice COOPER.

James Edwin Cox was shot and killed at approximately 6:30 p.m. on November 13, 1998, while standing in front of his residence on Thomas Grove Road in Jefferson County, Kentucky. Immediately prior to the murder, Cox was talking to his brother on his cellular telephone. During that conversation, Cox told his brother that a vehicle was driving slowly up and down his street, and that...

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