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COM. v. NICHOLS

No. 2007-SC-000493-DG.

280 S.W.3d 39 (2009)

COMMONWEALTH of Kentucky, Appellant, v. David NICHOLS, Appellee.

Supreme Court of Kentucky.

March 19, 2009.

Attorney(s) appearing for the Case

Jack Conway, Attorney General, Heather Michelle Fryman, Assistant Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellant.

Emily M.W. Roark, Bryant Law Center, PSC, Paducah, KY, Counsel for Appellee.

Opinion of the Court by Justice CUNNINGHAM.

Appellee, David Nichols, was previously convicted in the McCracken Circuit Court of one count of criminal abuse in the second degree and sentenced to serve five years in prison. On appeal, however, that conviction was vacated, and the case was remanded to the McCracken Circuit Court for a new trial. The retrial was scheduled for September 6, 2006.

Prior to trial, Nichols...

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