According to the Kentucky Supreme Court’s web site, the oral arguments are expected to start at 10 a.m. Justice Bill Cunningham is listed as having recused himself from the case.
“I’ve done a lot of handholding in this case … I’ve discussed it many, many times,” Cunningham said last week. He added that one of the victims was in his oldest son’s class at Trigg County High School.
Kathleen Kahaller Schmidt, one of Dunlap’s attorneys, said in the earlier brief that he has an AVM (atrial ventricular malformation) the size of a ping-pong ball in his right frontal lobe that affects his ability to control impulses and make decisions. This was brought up during the trial, but Kentucky Correctional Psychiatric Center doctors deemed him competent to stand trial after a mental evaluation.
Dunlap’s attorney’s said he doesn’t have the mental capacity to decide to plead guilty, making the guilty plea involuntary.
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