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DANT v. COM.

No. 2006-SC-000505-MR.

258 S.W.3d 12 (2008)

Jason Allen DANT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied August 21, 2008.

Attorney(s) appearing for the Case

Kathleen Kallaher Schmidt, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for Appellant.

Jack Conway, Attorney General, Henry Albert Flores, Jr., Assistant Attorney, General Office of Criminal Appeals, Frankfort, KY, for Appellee.

Opinion of the Court by Justice ABRAMSON.

Jason Dant appeals as a matter of right from a June 15, 2006 Judgment of the Hancock Circuit Court convicting him of wanton murder. The victim in this case was Addryana Johnson, the seven-month-old daughter of Dant's live-in girlfriend, April Johnson. On the morning of January 23, 2005, Dant awoke and heard Addryana struggling to breathe. Dant claimed that he tried to restore Addryana's breathing by shaking her a little to...

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