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WILSON v. COM.

No. 2010-SC-000573-MR.

381 S.W.3d 180 (2012)

Gregory WILSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

May 24, 2012.

Attorney(s) appearing for the Case

Daniel T. Goyette , Louisville Metro Public Defender, Bruce P. Hackett , Chief Appellate Defender, Leo Gerard Smith , Office of the Louisville Metro Public Defender, Louisville, KY, Counsel for Appellant.

Jack Conway , Attorney General of Kentucky, Julie Scott Jernigan , Assistant Attorney General, Office of Criminal Appeals, Heather Michelle Fryman , Assistant Attorney General, Office of the Attorney General, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Chief Justice MINTON.

Gregory Wilson received the death sentence in 1988. In 2010, he moved the trial court to prohibit execution of the death sentence because of his mental retardation (mental retardation motion) and to compel deoxyribonucleic acid (DNA) testing of hairs and semen found in the victim's automobile and used by the prosecution in his 1988 trial (DNA motion). The trial court denied both motions in a single order without holding...

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