White v. Payne

Opinion of the Court by Justice

VENTERS.

Petitioner, Kara Gene White, brings this original action pursuant to CR 76.36, CR 81, and SCR 1.020 1 seeking a writ of prohibition to prevent Respondent, Special Judge Gary D. Payne, from enforcing his December 15, 2008 order requiring White to submit to a mental retardation evaluation conducted by the Kentucky Correctional Psychiatric Center (KCPC).

White, a death row inmate, claims to be mentally retarded, and therefore ineligible for execution pursuant to Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). He alleges that Judge…