LEXIS 8294 (Cal 8/26/2010) (dissent) California Supreme Court holds " 4 to 3 that [death sentenced inmate] inmates must show the material they want exists to avoid a 'fishing expedition' and decided that inmates can be denied information from out-of-state law enforcement agencies that assisted the prosecution." [via LA Times Blog]Shawn Windsor v. Commonwealth,2010 Ky. LEXIS 210 (Ky. 8/26/2010) Relief denied where Mr. Windsor plead guilty and attempted to forbid trial counsel from presenting mitigatory evidence over his objection.Clerk’s Office notes that on direct appeal “[i]ssues include whether stated desire to plead guilty and accept death penalty creates reasonable ground, within meaning of KRS 504.100(1), to question defendant’s competency; whether trial court failed to find beyond a reasonable doubt that death was appropriate punishment; whether KRS 532.030(4) or Section 11 of the Kentucky Constitution precludes defendant from waiving jury sentencing in capital case; whether KRS 532.

[via LA Times Blog]Shawn Windsor v. Commonwealth, 2010 Ky. LEXIS 210 (Ky. 8/26/2010) Relief denied where Mr. Windsor plead guilty and attempted to forbid trial counsel from presenting mitigatory evidence over his objection. Clerk’s Office notes that on direct appeal “[i]ssues include whether stated desire to plead guilty and accept death penalty creates reasonable ground, within meaning of KRS 504.100(1), to question defendant’s competency; whether trial court failed to find beyond a reasonable doubt that death was appropriate punishment; whether KRS 532.030(4) or Section 11 of the Kentucky Constitution precludes defendant from waiving jury sentencing in capital case; whether KRS 532.

" While the statute clearly applies to Thomas, the hired killer in this case, it does not apply to Young whose motive in procuring the murder of Shalash was revenge, not monetary gain.Thompson v. Commonwealth, No. 1998-SC-0277-MR (Ky. 06/14/2001) Failure of the trial court to hold a competency hearing held to be reversible error. (No web link)The trial court overlooked Thompson's right to due process when it failed to hold the competency hearing required by KRS 504.100(3). In all fairness to the able and competent trial judge in this case, we note that while Mills holds that a competency hearing cannot be waived, Mills was rendered over three years after the date upon which the trial judge accepted Thompson's guilty plea.Now we reach the perplexing issue of Thompson's remedy.