Barnes v. Com.
| Decision Date | 06 February 1970 |
| Citation | 454 S.W.2d 352 |
| Parties | Daniel Henry BARNES, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Norman E. Harned, Harlin, Parker, Ricketts, Lucas & English, Bowling Green, for appellant.
John B. Breckinridge, Atty. Gen., James H. Barr, Asst. Atty. Gen., Frankfort, for appellee.
WADDILL, Commissioner.
The question presented by this appeal is whether the Warren Circuit Court properly overruled, without a hearing, appellant's motion to vacate the judgment sentencing him to the state penitentiary.
Appellant is serving a twenty-one-year sentence pursuant to his conviction of armed assault with intent to rob. KRS 433.150. No appeal was taken. Approximately one year later he filed a motion to vacate the judgment under RCr 11.42. He alleged that his incarceration was unlawful because:
He alleged that he was indigent; he asked that counsel be appointed to represent him and that he be allowed to be present at the hearing of his motion.
In furtherance of his motion appellant stated that while he was confined in the local jail awaiting trial he was treated for gunshot wounds he had sustained immediately prior to his arrest and was 'unable to assist in the preparation of his defense due to * * * severe pain and the effects of narcotic drugs administered by the Warren County officials.' He stated that
Appellant stated that he had talked to his court-appointed counsel for about five minutes the day counsel was appointed to defend him and that he did not see his counsel again until the day of the trial. He stated further that his motion for continuance was overruled and that he was forced into trial without having sufficient time for the preparation of his defense.
Appellant supported his motion to vacate his conviction with the affidavits of inmates who were confined with appellant in the jail prior to his trial. In these supporting affidavits it was stated that appellant was suffering from gunshot wounds while confined in the jail and that affiants saw jail officials give appellant capsules three times a day as part of the treatment of his condition. The affidavits tend to support appellant's claim that he was unfit to stand trial and also tend to support his claim that he had not been given enough time to recover from his injuries so that he could properly assist in his own defense.
The Commonwealth's attorney filed a response denying all of appellant's allegations but did not...
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Edmonds v. Commonwealth, 2013-CA-001808-MR
...to relief, he is to be afforded an opportunity to prove the truth of the matter asserted at an evidentiary hearing. Barnes v. Commonwealth, 454 S.W.2d 352, 354 (Ky. 1970). Under Kentucky rules of criminal procedure, a hearing on a motion for post conviction relief "is required if there is a......
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McDowell v. Commonwealth
...sufficient to raise a legitimate question regarding entitlement to relief, the movant is entitled to a hearing. Barnes v. Commonwealth, 454 S.W.2d 352, 354 (Ky. 1970). Conversely, a hearing on the motion is not required where the allegations contained therein fail to create "an issue of fac......
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Salfi v. Commonwealth
...him to relief, he is entitled to an opportunity to prove the truth of the matter asserted at an evidentiary hearing. Barnes v. Commonwealth, 454 S.W.2d 352, 354 (Ky. 1970). It is only where an appellant's allegations are clearly refuted by the record that an evidentiary hearing can be dispe......
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Vincent v. Commonwealth
...(1) specific allegations with (2) factual support that (3) if true, would entitle him to relief from his conviction. Barnes v. Commonwealth, 454 S.W.2d 352, 354 (Ky. 1970). Evidentiary hearings under RCr 11.42 are not granted automatically, but only when a petitioner raises a material "issu......