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The Kentucky Court of Appeals has dismissed an appeal by convicted murderer David Nichols in his complaint accusing The Lebanon Enterprise of intentional infliction of emotional distress and libel.
Nichols was convicted of the wanton murder of Joshua Wright and assault under extreme emotional disturbance, stemming from an incident that occurred Aug. 18, 2000. The Kentucky Supreme Court later upheld Nichols' murder conviction, but reversed his assault charge.
He filed his lawsuit against the Enterprise editor/general manager and the newspaper's ad manager, arguing that an ad that was published in the Aug. 17, 2007, edition of the newspaper caused him to suffer.
The ad included a poem submitted by the family of Nichols' victim. Nichols initially filed his case in Marion Circuit Court, which dismissed his complaint, because the court found that the information in the ad in question was true.
In a decision issued Nov. 20, the Court of Appeals upheld the decision of the circuit court, reinforcing the dismissal of Nichols' case.