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WHITE v. PAYNE

No. 2010-SC-000280-OA.

332 S.W.3d 45 (2010)

Karu Gene WHITE, Petitioner, v. Hon. Gary D. PAYNE (Special Judge), Respondent. and Commonwealth of Kentucky, Real Party in Interest.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing March 24, 2011.

Attorney(s) appearing for the Case

Kevin M. McNally , Margaret O'Donnell , Frankfort, KY, Counsel for Petitioner.

Hon. Gary D. Payne , Special Judge, Lexington, KY, pro se.

Jack Conway , Attorney General, Susan Roncarti Lenz , Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Muriel B. Varhely , Richmond, KY, Counsel for Real Parties in Interest.

Opinion of the Court by Justice VENTERS.

Petitioner, Karu Gene White, brings this original action pursuant to CR 76.36, CR 81, and SCR 1.0201 seeking a writ of prohibition to prevent Respondent, Special Judge Gary D. Payne, from enforcing his December 15, 2008 order requiring White to submit to a mental retardation evaluation conducted by the Kentucky Correctional Psychiatric Center (KCPC).

White, a death row inmate, claims to...

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