MOORE v. COM.

Nos. 2008-SC-000860-MR, 2008-SC-000925-MR, 2008-SC-000957-MR.

357 S.W.3d 470 (2011)

Brian Keith MOORE, Appellant/Cross-Appellee, v. COMMONWEALTH of Kentucky, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing November 23, 2011.


Attorney(s) appearing for the Case

David Hare Harshaw, III , Assistant Public Advocate, Department of Public Advocacy, LaGrange, KY, David Michael Barron , Department of Public Advocacy, Assistant Public Advocate, Frankfort, KY, Counsel for Appellant/Cross-Appellee.

Jack Conway , Attorney General, David Wayne Barr , Assistant Attorney General, Office of Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellee/Cross-Appellant.


Opinion of the Court by Justice NOBLE.

This case arises from a post-conviction petition for DNA testing related to the 1979 robbery, kidnapping, and murder of Virgil Harris in Louisville, Kentucky. Appellant, Brian Keith Moore, was convicted of the crimes and sentenced to death. This Court overturned the initial conviction and remanded for a new trial. See Moore v. Commonwealth, 634 S.W.2d 426 (Ky.1982). On retrial, Appellant...

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