McGREGOR v. HINES

No. 97-SC-1070-MR.

995 S.W.2d 384 (1999)

Chad McGREGOR and Len W. Ogden, Jr., Appellants, v. R. Jeffrey HINES, Judge McCracken Circuit Court, Appellee, and Michael Carper; Joshua Carper; and Commonwealth of Kentucky, Real Parties In Interest.

Supreme Court of Kentucky.

June 17, 1999.


Attorney(s) appearing for the Case

Len W. Ogden, Jr., The Sinnott House, Paducah, KY, William F. McGee, Jr., Smithland, KY, for appellants.

R. Jeffrey Hines, Jr., Judge, McCracken Circuit Court, McCracken County Courthouse, Paducah, KY, for Hines, appellee.

Donald S. Muir, Assistant Public Advocate, Paducah, KY, for Real Party in Interest, Michael Carper.

W. Fletcher McMurry Schrock, McMurry & Livingston, Paducah, KY, for Real Party in Interest, Joshua Carper.

A.B. Chandler III, Attorney General, Ian G. Sonego, Kent T. Young, Assistant Attorneys General, Criminal Appellate Division, Frankfort, KY, for Real Part in Interest, Commonwealth of Kentucky.

J. Vincent Aprile II, Kentucky Association of Criminal Defense Lawyers, Frankfort, KY, for amicus curiae.


STUMBO, Justice.

This is an appeal as a matter of right from a denial by the Court of Appeals of a petition for a writ of mandamus. The issue presented is whether a defendant who comes into possession of allegedly exculpatory evidence has a right to have that evidence tested by his own expert, or whether he must relinquish the evidence to the Commonwealth for first testing, even if the defendant's expert believes that the...

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