Smith v. Commonwealth

STEPHENS, Chief Justice.

On January 24, 1990, appellant was convicted in McCracken Circuit Court of murder with the aggravating circumstance of arson in the first-degree. The trial court followed the recommendation of the jury and sentenced appellant to death.

The conviction stems from the murder of Pamela Wren (hereinafter Wren). Shortly after midnight on July 29, 1986, Phillip Wren, brother of the deceased Wren, discovered a fire in the upstairs apartment of his home. Wren and her son were living in the apartment. When the fire department responded to Phillip Wren’s call it was ascertained…