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WELCH v. COM.

Nos. 2005-SC-000279-MR, 2005-SC-000806-MR.

235 S.W.3d 555 (2007)

Robert Keith WELCH, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

November 1, 2007.

Attorney(s) appearing for the Case

Euva D. May, Assistant Public Advocate, Appellate Division, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Gregory D. Stumbo, Attorney General of Kentucky, Susan Roncarti Lenz, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice MINTON.

Robert Keith Welch appeals his convictions for first-degree manslaughter, first-degree robbery, and tampering with physical evidence. We vacate and remand because the trial court inexplicably engaged in improper ex parte communication with the deliberating jury.

I. FACTUAL AND PROCEDURAL HISTORY.

Welch and his friend, Willie Allen, produced rap CDs. To raise money to further their rap music venture,...

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