USA - Kentucky. In White v. Kentucky the Kentucky Supreme Court has found Hall to apply retroactively.

The Kentucky Supreme Court has found Hall to apply retroactively. That court reaffirmed its retroactivity decision in White v. Kentucky. In 1980, Karu Gene White was sentenced to death on March 29, 1980 on each of 3 counts of capital murder. The Supreme Court affirmed. In 2004, White, 58, White, filed a post-conviction motion to set aside his death sentences on the grounds that he is intellectually disabled. The circuit court judge ordered the Finance and Administration Cabinet to pay up to $5,000 for a mental health evaluation by a private psychologist. The Supreme Court remanded the case for a showing that use of a state facility was impractical. On remand, the circuit court determined that the Kentucky Correctional Psychiatric Center (KCPC) was capable of conducting the necessary evaluations and ordered that any failure to cooperate would constitute a waiver of Appellant’s intellectual disability claim. After Appellant indicated that he would refuse evaluation by KCPC, the trial court determined that he had waived his intellectual disability claim and ordered that his case be dismissed. The Supreme Court (1) affirmed the judgment of the circuit court finding that Appellant was not entitled to public funds for an expert of his choosing; and (2) reversed the judgment on the issue of waiver, holding that Appellant’s continued failure to submit to KCPC’s custody did not constitute waiver. Remanded.