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CAIN v. ABRAMSON

No. 2006-SC-000477-MR.

220 S.W.3d 276 (2007)

Michael CAIN, Appellant, v. Hon. Lisabeth Hughes ABRAMSON, Judge, Jefferson Circuit Court; and COMMONWEALTH OF KENTUCKY (Real Party in Interest), Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing May 24, 2007.

Attorney(s) appearing for the Case

Frank W. Heft, Jr., Office of the Louisville Metro Public Defender, Carolyn D. McMeans, Office of the Louisville Metro Public Defender, Louisville, Counsel for Appellant.

Gregory Stumbo, Attorney General, Frankfort, Jeanne Anderson, Assistant Commonwealth's Attorney, Christie Floyd, Assistant Commonwealth's Attorney, Louisville, Counsel for Appellee.

Opinion of the Court by Justice SCOTT.

Appellant, Michael Cain, is charged with three counts of first degree robbery, KRS 515.020, and second degree persistent felony offender status, KRS 532.080(2). On February 21, 2006, Cain filed notice of his intent to assert the defense of mental illness or insanity. In response, the Commonwealth filed a motion pursuant to KRS 504.070 and RCr 7.24(3)(B)(ii) to have Cain submit to a psychiatric examination to be conducted by the...

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