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HILBERT v. SEAY

No. 2008-SC-000312-OA

John T. HILBERT, Appellant v. Hon. John David SEAY (Judge, Nelson Circuit Court) et al., Appellees.

Supreme Court of Kentucky.

August 21, 2008

Attorney(s) appearing for the Case

James Sutton Rhorer, Assistant Public Advocate Dept. of Public Advocacy, Bowling Green, KY, Nancy Bowman-Denton, Assistant Public Advocate, Elizabethtown, KY, Counsel for Appellant.

Jack Conway, Attorney General of Kentucky, Susan Roncarti Lenz, Assistant Attorney General, Office of the Attorney General, Frankfort, KY, Arch Cox Mckay III, Assistant Commonwealth Attorney, Bardstown, KY, Counsel for appellee.

MEMORANDUM OPINION OF THE COURT

Petitioner, John Hilbert, petitions this Court for a writ of prohibition or mandamus prohibiting, on double jeopardy grounds, the Nelson Circuit Court from allowing the Commonwealth to seek the death penalty against him at his retrial for the murder of Joe Stump, Jr. For the reasons set forth herein, we deny the writ of prohibition.

Petitioner was indicted on December 23, 1999, for two counts of intentional murder. The two...

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