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BOWLING v. COM.

No. 2011-SC-000056-MR.

377 S.W.3d 529 (2012)

Thomas C. BOWLING, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

May 24, 2012.

Attorney(s) appearing for the Case

David Michael Barron , Department of Public Advocacy, Assistant Public Advocate, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General, William Robert Long, Jr. , Assistant Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice VENTERS.

Appellant, Thomas Clyde Bowling, appeals as a matter of right, Ky. Const. § 110, from a judgment of the Fayette Circuit Court dismissing his petition for a declaratory judgment in which he sought to challenge the implementation of his two twenty-two year-old death sentences upon the grounds that he is mentally retarded. See Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed...

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