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PAULLEY v. COM.

Nos. 2009-SC-000024-MR, 2009-SC-000033-MR.

323 S.W.3d 715 (2010)

Steven PAULLEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee. and Henny L. Gunn (a/k/a Henry L. Gunn), Appellant, v. Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

October 21, 2010.

Attorney(s) appearing for the Case

Emily Holt Rhorer , Department of Public Advocacy, Roy Alyette Durham, II , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellants.

Jack Conway , Attorney General of Kentucky, Susan Roncarti Lenz , Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Chief Justice MINTON.

I. INTRODUCTION.

Rocky Brown was shot and killed while attempting to hold the door to prevent a forced entry into Adolphus Stone's home. A circuit court jury convicted Henny Gunn (a/k/a Henry Gunn) and Steven Paulley of, among other offenses, murdering Brown. Both Gunn and Paulley separately appealed to this Court as a matter of right.1 Because the operative facts and many of the...

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