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Prosecutors believe 44-year-old Gavin Perkins shot his mother, Ruth Perkins, to death in April 2018.
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The high court on Thursday ruled, in essence, that it was premature for justices to decide the constitutionality of the law because the Madden case and one like it have not concluded.
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The new law, which cleared the Kentucky legislature in its final days, could be quickly put to the test.
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The attorney says the hearing should be closed to the public to protect Madden's medical privacy and ensure jurors aren’t swayed by media coverage.
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Before he was accused of raping a child, a Louisville man was charged with another gruesome sex crime.