Michael Carneal case before Kentucky Supreme Court again. Arguments set for September 11, 2008 to be held at the University of Louisville's School of Law. Issues, story follow:
The time and issues are:
11:00 a.m. COMMONWEALTH OF KENTUCKY V. CARNEAL (2006-SC-653-DG) AND (CROSS MOTION) CARNEAL V. COMMONWEALTH OF KENTUCKY (2007-SC-203-DG)
"Criminal Law. RCr 11.42. Competency Hearings. Insanity. Issues include: (1) whether RCr 11.42 limitations period is tolled for juveniles, and (2) whether retrospective competency hearing, based on new mental evaluation, should be granted even though such a hearing had been held prior to guilty plea."
Discretionary Review granted 03/14/2007 and 05/16/2007
McCracken Circuit Court, Judge R. Jeffrey Hines
For Movant/Cross-Respondent: David A. Smith
For Respondent/Cross Movant: David Hare Harshaw III and Timothy G. Arnold
(Note: Chief Justice Minton is recused)
The Courier Journal's story is:
LOUISVILLE . A high school shooter who killed three classmates and wounded five others is asking Kentucky's Supreme Court for another chance.
Michael Carneal, now 25, claims he was too mentally ill to plead guilty in 1998 to going into Heath High School in west Paducah and shooting eight students gathered for an informal prayer service. He is serving a sentence of life without a chance of parole for at least 25 years for the shooting Dec. 1, 1997, when he was 14.
Carneal's case is back in the spotlight because last year the Kentucky Court of Appeals sent it back to McCracken County Circuit Court to decide whether he should be granted a new hearing. The ruling said if Carneal is determined to have been incompetent when he pleaded guilty, he should be allowed to enter another plea or go to trial.
Prosecutors appealed, setting up the Kentucky Supreme Court's hearing, scheduled for Sept. 11. The Supreme Court will decide whether Carneal should get a new competency hearing and trial.
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