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ROBINSON v. COMMONWEALTH

No. 2008-SC-000556-MR.

JAMES F. ROBINSON, APPELLANT, v. COMMONWEALTH OF KENTUCKY, APPELLEE.

Supreme Court of Kentucky.

November 18, 2010.

Attorney(s) appearing for the Case

Jamesa J. Drake , Assistant Public Advocate, Department of Public Advocacy, 100 Fair Oaks Lane, Suite 302, Frankfort, KY 40601, COUNSEL FOR APPELLANT.

Jack Conway , Attorney General, Christian Kenneth Ray Miller , Assistant Attorney General, Office of Attorney General, Office of Criminal Appeals, 1024 Capital Center Drive, Suite 200, Frankfort, KY 40601, COUNSEL FOR APPELLEE.

OPINION OF THE COURT BY JUSTICE CUNNINGHAM.

On November 2, 2005, Deputy Coroner Michael Hall received a call to come to the home of Appellant's father, Frank Robinson. When Hall arrived, he found Appellant's 23-month-old stepdaughter, H.L., lying face-up on the living room floor. Hall checked her body and found no signs of life. H.L. was pronounced dead at six o'clock that evening by Chief Coroner Russell Roberts.

The autopsy of H.L. revealed...

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