Jones v. Com.
| Decision Date | 23 April 1965 |
| Citation | 389 S.W.2d 927 |
| Parties | Robert JONES, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Robert Jones, Jr., in pro. per.
Robert Matthews, Atty. Gen., John B. Browning, Asst. Atty. Gen., Frankfort, for appellee.
CULLEN, Commissioner.
The circuit court dismissed, without a hearing, the motion of Robert Jones, Jr., under RCr 11.42 to vacate a 1962 judgment which, upon his plea of guilty to a charge of robbery, had sentenced him to an eight-year term in the penitentiary. Jones has appealed from the order of dismissal.
One of the allegations of the motion was that counsel appointed for Jones refused to defend him unless he pleaded guilty, counsel pointing out that he had been appointed by the court and was not getting paid for his services. This was coupled with an allegation that Jones had pleaded guilty under duress.
Jones was entitled to a hearing on the foregoing allegations. See Higbee v. Thomas Ky., 376 S.W.2d 305; Lawson v. Commonwealth, Ky., 386 S.W.2d 734 (decided February 5, 1965).
The motion sought vacation of the judgment on several additional grounds. Under the decisions hereinafter cited none of those grounds was sufficient even to warrant a hearing. See Carson v. Commonwealth, Ky., 382 S.W.2d 85; Warner v. Commonwealth, Ky., 386 S.W.2d 455 (decided January 29, 1965); King v. Commonwealth, Ky., 387 S.W.2d 582 (decided February 2, 1965); Jennings v. Commonwealth, Ky., 380 S.W.2d 284.
The order of dismissal is reversed with directions to grant Jones a hearing, with counsel, on the allegation concerning the circumstances of his plea of guilty.
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Johnson v. Commonwealth, No. 2006-SC-000548-MR (Ky. 9/18/2008)
...558, 569 (lay. 2006), quoting Blackledge v. Allison, 431 U.S. 63, 73-74, 97 S.Ct. 1621, 52 L. Ed.2d 136 (1977). 19. Jones v. Commonwealth, 389 S.W.2d 927 (Ky. 1965). 20. Casey v. Commonwealth, 994 S.W.2d 18, 22 (Ky.App. 1999), citing McMann v. Richardson, 397 U.S. 759, 771, 90 S.Ct. 1441, 1......
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Ford v. Com.
...were entitled to hearings on their RCr 11.42 motions. See also Lewis v. Commonwealth, Ky., 411 S.W.2d 321 (1967) and Jones v. Commonwealth, Ky., 389 S.W.2d 927 (1965). The Commonwealth correctly distinguishes the case at bar from this line of cases on the ground that the record in this case......
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Lewis v. Com.
...to hold him to it.' (Emphasis added.) Higbee v. Thomas, Ky., 376 S.W.2d 305, 307 (1964). In the more recent case of Jones v. Commonwealth, Ky., 389 S.W.2d 927 (1965), allegations that appointed counsel had refused to defend the movant unless he pleaded guilty and that he had so pleaded unde......
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Jones v. Com.
...Asst. Atty. Gen., Frankfort, Edwin Schroering, Commonwealth's Atty., Louisville, for appellee. CULLEN, Commissioner. In Jones v. Commonwealth, Ky., 389 S.W.2d 927, this Court directed the Jefferson Circuit Court (Criminal Branch, First Division) to grant Robert Jones, Jr. a hearing on his R......