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Kentucky Death Row Inmate Appeals to Supreme Court

Kentucky Department of Corrections

The most prolific killer in Kentucky's death row is asking the U.S. Supreme Court to allow him to reopen his case and overturn his convictions and death sentence.

Prosecutors have until Nov. 10 to respond to a petition from 58-year-old Robert Carl Foley, who is awaiting execution for killing six people in eastern Kentucky in 1989 and 1991. That's more slayings than any of the state's 34 death row inmates.

Foley lost a bid in April at the U.S. 6th Circuit Court of Appeals in Cincinnati. The judges concluded that Foley failed to show he was denied a constitutional right when a federal judge turned away his efforts to continue fighting his conviction.

He had been seeking to challenge his trial attorney's handling of ballistics evidence and potential expert testimony.