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COURIER-JOURNAL, INC. v. McDONALD-BURKMAN

No. 2009-SC-000250-MR.

298 S.W.3d 846 (2009)

COURIER-JOURNAL, INC., Appellant, v. Hon. Judith McDONALD-BURKMAN, Judge, Jefferson Circuit Court, Division Nine, Appellee. and Cecil New, Real Party in Interest.

Supreme Court of Kentucky.

November 25, 2009.

Attorney(s) appearing for the Case

Jon L. Fleischaker, Jeremy Stuart Rogers, Dinsmore & Shohl, LLP, Louisville, KY, Counsel for Appellant.

Judith E. McDonald-Burkman, Jefferson Circuit Judge, Louisville, KY, Counsel for Appellee.

James David Niehaus, Deputy Appellate Defender, Office of the Louisville Metro Public Defender, Angela Marie Rea, Louisville Metro Public Defender, Louisville, KY, Counsel for Real Party in Interest.

Opinion of the Court by Justice CUNNINGHAM.

Cecil New is accused of kidnapping and killing 4-year old Cesar Ivan Aguilar-Cano and leaving his body in a dumpster in the summer of 2007. The criminal case is currently pending in Division Nine of the Jefferson Circuit Court and is styled Commonwealth v. Cecil New, Indictment No. 07-CR-003969. A jury trial is scheduled for February 26, 2010.

On January 14, 2008, the Commonwealth filed nearly 3,000 pages...

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