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HODGE v. COLEMAN

No. 2007-SC-000073-OA.

244 S.W.3d 102 (2008)

Benny Lee HODGE, Petitioner, and Roger Epperson, Intervening Petitioner, v. Hon. Eddy COLEMAN, Special Judge, Letcher Circuit Court; Commonwealth of Kentucky (Real Party in Interest); and Department of Public Advocacy (Real Party in Interest), Respondents.

Supreme Court of Kentucky.

As Corrected January 25, 2008.

Attorney(s) appearing for the Case

Laurence E. Komp, Manchester, MO, Armand I. Judah, Judah-McLeod PLLC, Louisville, KY, Counsel for Appellant.

David M. Barron, Heather Christina McGregor, Department of Public Advocacy, Frankfort, KY, Counsel for Intervening Appellant.

Judge Eddy Coleman, Pikeville, KY, Counsel for Appellee.

Jack Conway, Attorney General of Kentucky, David A. Smith, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Rick L. Bartley, Commonwealth Attorney, Pikeville, KY, Counsel for Real Party in Interest, Commonwealth of Kentucky.

Damon L. Preston, Department of Public Advocacy, Frankfort, KY, Counsel for Real Party in Interest, Department of Public Advocacy.

OPINION OF THE COURT BY JUSTICE MINTON AND ORDER GRANTING PETITION FOR WRIT OF MANDAMUS

This case requires us to determine if indigent post-conviction petitioners are entitled to public funds for the travel expenses of their out-of-county witnesses in cases in which a court has determined that an evidentiary hearing is necessary to resolve the post-conviction motion. We unanimously held in Stopper v. Conliffe1

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