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WHITE v. COMMONWEALTH

2013-SC-000791-MR.

500 S.W.3d 208 (2016)

Karu Gene WHITE, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied October 20, 2016.

Modified: October 20, 2016.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Margaret O'Donnell , David Michael Barron , Assistant Public Advocate.

COUNSEL FOR APPELLEE: Andy Beshear , Attorney General of Kentucky, Susan Roncarti Lenz , Assistant Attorney General.

OPINION OF THE COURT BY JUSTICE CUNNINGHAM

This is a death penalty case where the Appellant, Karu Gene White ("White"), raises a post-conviction intellectual disability claim.1 For the reasons stated herein, we remand this case to the trial court to order the Kentucky Correctional Psychiatric Center ("KCPC") to perform a psychological evaluation of Mr. White.

Factual and Procedural Background

In 1980,...

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