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POWELL v. GRAHAM

No. 2005-SC-625-MR.

185 S.W.3d 624 (2006)

Robert POWELL, Appellant, v. Hon. William L. GRAHAM, Judge, Franklin Circuit Court, Appellee, and Commonwealth of Kentucky, Real Party in Interest.

Supreme Court of Kentucky.

February 23, 2006.

Attorney(s) appearing for the Case

J. Guthrie True, Johnson, True & Guarnieri, LLP, Frankfort, Counsel for Appellant.

William L. Graham, Franklin Circuit Judge, Frankfort, for Appellee.

Gregory D. Stumbo, Attorney General, Larry Wayne Cleveland, Commonwealth Attorney, Frankfort, Counsel for Real Party in Interest.

ROACH, Justice.

Appellant, Robert Powell, sought a writ of prohibition against the enforcement of a trial court order requiring him to submit to a separate mental health examination by the prosecutor's expert witness. The Court of Appeals denied the writ, opining that the trial court's order was appropriate because Appellant had placed his mental health in issue. While we hold that the trial court had the authority to compel Appellant to undergo the mental examination...

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