Barnes v. Com.
| Court | Supreme Court of Kentucky |
| Citation | Barnes v. Com., 397 S.W.2d 44 (Ky. 1965) |
| Decision Date | 10 December 1965 |
| Parties | Ralph Louis BARNES, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
Ralph Louis Barnes, pro se.
Robert Matthews, Atty. Gen., Joseph H. Eckert, Asst. Atty. Gen., Frankfort, for appellee.
CLAY, Commissioner.
This is an appeal from an order overruling, without a hearing, appellant's motion to vacate a judgment under RCr 11.42.
Appellant was convicted on several counts of armed robbery and sentenced to serve seven years on each count after a plea of guilty. The gist of his motion to vacate the judgment is that at the time the alleged crimes were committed and at the time of trial, appellant was insane and the attorney representing him knew the facts upon which such a claim and a defense could have been interposed. Documentary evidence which would tend to support this claim was filed with the motion. The charge is made that appellant was not adequately represented by counsel because he was unable to cooperate with counsel and his mental condition was not brought to the attention of the trial court.
We think petitioner's allegations go beyond that of asserting his lawyer failed to represent him in the best possible manner. If actually insane at...
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State v. Coville
...the power to waive defendant's rights under RCW 10.77.050. See Ellingburg v. Lockhart, 397 F.Supp. 771 (E.D.Ark.1975); Barnes v. Commonwealth, 397 S.W.2d 44 (Ky.1965); In re Houts, 7 Wash.App. 476, 499 P.2d 1276 (1972). The trial court made no finding that defendant waived his RCW 10.77.050......
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Hearon v. Wingo
...RCr 11.42 created a new and more practical postconviction remedy. In Commonwealth v. Strickland, Ky., 375 S.W.2d 701, Barnes v. Commonwealth, Ky., 397 S.W.2d 44, and McElwain v. Commonwealth, Ky., 400 S.W.2d 212, we recognized that an RCr 11.42 motion is the proper proceeding to attack a ju......
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Osborne v. Com.
...to vacate, when the issue is raised on appeal, if there are circumstances which indicate insanity at the time of trial. See Barnes v. Commonwealth, Ky., 397 S.W.2d 44. Appellant presented no such issue at any time during his trial. We are unaware of any authority or basis for the propositio......