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STOPHER v. CONLIFFE

No. 20030-SC-0710-OA.

170 S.W.3d 307 (2005)

Vincent C. STOPHER, Petitioner, v. Hon. F. Kenneth CONLIFFE, Judge, Jefferson Circuit Court, Respondent. and Commonwealth Of Kentucky, Real Party in Interest.

Supreme Court of Kentucky.

Rehearing Denied September 22, 2005.

Attorney(s) appearing for the Case

David Hare Harshaw, III, Department of Public Advocacy, Theodore S. Shouse, Assistant Public Advocate, Department of Public Advocacy, Lagrange, Counsel for Appellant.

F. Kenneth Conliffe, Judge, Jefferson Circuit Court, Hall of Justice, Louisville, for Respondent.

Gregory D. Stumbo, Attorney General, Jeanne Deborah Anderson, Louisville, Counsel for Real Party in Interest.

Opinion of the Court by Justice KELLER.

I. ISSUE

Petitioner filed an RCr 11.42 motion and requested an ex parte hearing under KRS 31.185 at which he would seek funds for an expert to support his motion. The trial court denied Petitioner's request, and he now petitions this Court to issue a writ of mandamus directing the trial court to conduct an ex parte hearing on his request for such funds. Because we find that...

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