Abernathy v. Commonwealth of Kentucky

The defendant, Troy Dugar, was indicted for the first degree murder of Donald L. Williams, and the state sought the death penalty. The defendant, represented by counsel, entered a plea of "Not Guilty," requested a trial by jury, and moved for the appointment of a sanity commission. Based on the testimony of the appointed commission, the court found the defendant mentally competent and able to proceed to trial. A unanimous jury of twelve found defendant guilty of the first degree murder of Donald L. Williams and recommended that the defendant be sentenced to death. After sentencing, defense counsel filed a Motion and Order for Appeal and a Designation of Record. The court granted defendants motion.