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ST. CLAIR v. COM.

No. 2001-SC-0209-MR.

174 S.W.3d 474 (2005)

Michael D. ST. CLAIR, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Corrected October 24, 2005.

Attorney(s) appearing for the Case

Donna L. Boyce, Judy Namkin, Assistant Public Advocates, Frankfort, Counsel for Appellant.

Gregory D. Stumbo, Attorney General of Kentucky, David A. Smith, Tami Allen Stetler, Brian T. Judy, Assistant Attorneys General, Criminal Appellate Division, Frankfort, Counsel for Appellee.

Opinion of the Court by Chief Justice LAMBERT.

FACTS

Appellant, Michael D. St. Clair, was convicted of two counts of receiving stolen property over $100, criminal attempt to commit murder, second-degree arson, and capital kidnapping. He was sentenced to death for the kidnapping of Frank Brady, during which Brady was murdered. Appellant waived his right to jury sentencing on the non-capital charges, and agreed to a sentence of twenty years for attempted...

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