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RENDERED: DECEMBER 10, 2010; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals
NO. 2009-CA-001201-MR DAVID BROWN APPELLANT

v.

APPEAL FROM CHRISTIAN CIRCUIT COURT HONORABLE JOHN L. ATKINS, JUDGE ACTION NO. 01-CR-00371

COMMONWEALTH OF KENTUCKY

APPELLEE

OPINION AFFIRMING ** ** ** ** ** BEFORE: CAPERTON AND WINE, JUDGES; LAMBERT,1 SENIOR JUDGE. CAPERTON, JUDGE: David Brown appeals from the Christian Circuit Court's order of June 5, 2009, whereby the court denied Brown's motion to vacate his judgment pursuant to CR 60.02. In his CR 60.02 motion, Brown argued to the trial
1

Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580.

court that the self-defense statutes in effect at the time of his judgment were unconstitutional as they violated

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