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BIYAD v. COM.

No. 2011-SC-000409-MR.

392 S.W.3d 380 (2013)

Said Ali BIYAD, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

February 21, 2013.

Attorney(s) appearing for the Case

James David Niehaus , Deputy Appellate Defender, Office of the Louisville Metro Public Defender, Louisville, KY, Counsel for Appellant.

Jack Conway , Attorney General, Jason Bradley Moore , Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice NOBLE.

Appellant Said Ali Biyad was convicted of murdering his four children and attempting to murder his wife. At a bench trial, Appellant presented an insanity defense supported by expert testimony, and the Commonwealth provided an expert rebuttal witness. On appeal Appellant claims once he presented evidence that he was insane, the burden of disproving his insanity defense shifted to the...

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