MILLER v. COM.

No. 2011-SC-000340-MR.

391 S.W.3d 857 (2013)

John MILLER, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

February 21, 2013.


Attorney(s) appearing for the Case

Robert Chung-Hua Yang , Assistant Public Advocate, Appellate Division, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General, David Wayne Barr , Assistant Attorney General, Office of the Attorney General, Frankfort, KY, Counsel for Appellee.


Opinion of the Court by Justice NOBLE.

Appellant was convicted of numerous counts of incest, rape and sodomy for his sexual relationship with his two minor stepdaughters, M.P. and C.P. Appellant raises three issues on appeal: (1) prosecutorial misconduct, (2) an ex post facto violation, and (3) the incorrect imposition of court costs and a partial public-defender fee. The Court holds that ex post facto principles which impact due process require resentencing...

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