Scot E. Gaither v. Commonwealth of Kentucky

OPINION OF THE COURT BY

JUSTICE VENTERS

In 2004, Appellant Scot E. Gaither was convicted and sentenced in the Daviess Circuit Court for the 2001 kidnapping of James Parson 1 and for the associated crimes of first degree manslaughter, tampering with physical evidence, and theft by unlawful taking (property less than $300.00). Those convictions were affirmed by this Court in Gaither v. Commonwealth, 2004-SC-0474-MR, 2006 WL 436071 (Ky. Feb. 23, 2006).

Later, upon Appellant’s motion for post-conviction relief pursuant to RCr 11.42, the trial court set aside Appellant’s kidnapping sentence and…