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JOHNSON v. COM.

No. 2011-SC-000137-MR.

412 S.W.3d 157 (2013)

Donald JOHNSON, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied November 21, 2013.

Attorney(s) appearing for the Case

David Hare Harshaw III , Assistant Public Advocate, Katherine Marie Dittmeier Holm , Department of Public Advocacy, LaGrange, KY, for Appellant.

Jack Conway , Attorney General, David Bryan Abner , Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, for Appellee.

Opinion of the Court by Justice NOBLE.

The Appellant, Donald Herb Johnson, has collaterally attacked his murder conviction and death sentence, alleging that his unconditional, "blind" guilty plea was coerced in two ways. He claims first that his guilty plea was induced by a secret deal (or his belief in the existence of a secret deal) in which the trial judge indicated that he would not sentence Johnson to death if he entered a guilty plea. He also claims that his...

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