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HODGE v. COMMONWEALTH

No. 2009-SC-000791-MR.

BENNY LEE HODGE APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE

Supreme Court of Kentucky.

August 25, 2011.

Attorney(s) appearing for the Case

Dennis James Burke, Assistant Public Advocate Department of Public Advocacy, 207 Parker Drive, Suite One, LaGrange, KY 40031.

Laurence E. Komp, P. O. Box 1785, Manchester, MO 63011, Counsel for appellant.

Jack Conway, Attorney General.

Julie Scott Jernigan, William Robert Long, Jr., Assistant Attorneys General, Office of the Attorney General, Criminal Appellate Division, 1024 Capital Center Drive, Frankfort, KY 40601-8204.

Rickey Lee Bartley, Commonwealth Attorney, 115 Caroline Avenue, Pikeville, KY 41501-1101, Counsel for appellee.

NOT TO BE PUBLISHED

MEMORANDUM OPINION OF THE COURT

Appellant, Benny Lee Hodge, appeals the denial of his RCr 11.42 motion. In 1986, he was tried and convicted of murder, robbery, and burglary and sentenced to death. The charges arose from the invasion of the home of Dr. Roscoe Acker, wherein Hodge and two others used a ruse to gain entry into the home and thereafter assaulted Dr. Acker, killed his daughter, and stole approximately two million dollars...

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