Benny Lee Hodge v. Commonwealth of Kentucky

RENDERED: OCTOBER 29, 2020 TO BE PUBLISHED Supreme Court of Kentucky 2019-SC-0137-T BENNY LEE HODGE APPELLANT ON TRANSFER FROM COURT OF APPEALS V. NO. 2019-CA-0165 LAUREL CIRCUIT COURT NO. 92-CR-00180 COMMONWEALTH OF KENTUCKY APPELLEE OPINION OF THE COURT BY JUSTICE VANMETER AFFIRMING Under KRS1 422.285, a person convicted of a capital offense may be entitled to DNA testing of certain evidence. In this case, we must decide whether the Laurel Circuit Court erred in denying Benny Lee Hodge’s motion for DNA testing with respect to hair found at the residence of Bessie and Edwin Morris, for whose…