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Hodge v. Kentucky

Certiorari Denied

Petition for certiorari denied on December 3, 2012.

Docket No.11-10974
Op. BelowKy.

Issue

Whether - despite powerful mitigation - the Kentucky Supreme Court properly applied the Strickland prejudice prong when it required a nexus between the mitigation and the facts of the crime, and by applying additional criteria created an automatic death penalty under the facts of this case?

Proceedings & orders timeline

May 21, 2012
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2012)
Jun 20, 2012
Brief of respondent Kentucky in opposition filed.
Jul 3, 2012
Reply of petitioner Benny Lee Hodge filed. (Distributed)
Jul 5, 2012
DISTRIBUTED for Conference of September 24, 2012.
Sep 12, 2012
Record Requested .
Sep 26, 2012
Record received from the Supreme Court of Kentucky (one envelope).
Oct 15, 2012
Record received from Commonwealth of Kentucky Letcher Circuit Court (four boxes).
Oct 25, 2012
DISTRIBUTED for Conference of November 9, 2012.
Nov 13, 2012
DISTRIBUTED for Conference of November 20, 2012.
Nov 26, 2012
DISTRIBUTED for Conference of November 30, 2012.
Dec 3, 2012
Petition DENIED Justice Sotomayor, dissenting from denial of certiorari. (Detached Opinion)
Apr 2, 2013
Record returned to Supreme Court of Kentucky.
Apr 2, 2013
Record returned to Letcher County Circuit Court.

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