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VIRGIL v. COM.

No. 2011-CA-001673-MR.

403 S.W.3d 577 (2013)

William VIRGIL, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied July 2, 2013.

Attorney(s) appearing for the Case

Linda A. Smith , Frankfort, KY, for Appellant.

Jack Conway , Attorney General of Kentucky, Courtney J. Hightower , Assistant Attorney General, Frankfort, KY, for Appellee.

Before ACREE, chief Judge; DIXON and VANMETER, Judges.

OPINION

VANMETER, Judge:

William Virgil appeals from the Campbell Circuit Court's August 12, 2011, order granting the Commonwealth's motion to reconsider the court's May 20, 2011, order which granted Virgil's motion for DNA testing of certain items of evidence from his criminal trial. In light of a recent amendment to the DNA testing statute, we reverse the August 12, 2011, order and remand with instructions...

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