St. Clair v. Roark

DENYING PETITION FOR A WRIT OF PROHIBITION

COOPER, Justice.

Michael D. St. Clair petitions this Court for a writ of prohibition to preclude the death penalty as a possible punishment in the event he is convicted of kidnapping Frank Brady. He has already been convicted and sentenced to death for Brady’s murder and asserts that imposition of the death penalty for Brady’s kidnapping would violate the constitutional proscription against double jeopardy. U.S. Const., amend. V, Ky. Const. § 13.

I. FACTS.

St. Clair escaped from Oklahoma authorities. Most of what the Common wealth claims occurred…