MacLaughlin v. Com., 85-CA-2094-MR

Decision Date05 September 1986
Docket NumberNo. 85-CA-2094-MR,85-CA-2094-MR
Citation717 S.W.2d 506
PartiesHoward MacLAUGHLIN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.
CourtKentucky Court of Appeals

Ephraim W. Helton, Appellate Public Advocate, Danville, for appellant.

David L. Armstrong, Atty. Gen., Carl Miller, Jr., Asst. Atty. Gen., Frankfort, for appellee.

Before WILHOIT, COOPER and DUNN, JJ.

DUNN, Judge.

This is an appeal from an order of the Fayette Circuit Court denying appellant's RCr 11.42 motion to vacate the judgment revoking his probation. The basis for the motion was that appellant received ineffective assistance of counsel.

In May, 1983, Howard MacLaughlin was charged with seven counts of sodomy by engaging in deviate sexual intercourse with two children. After plea bargaining he pled guilty to one count of sodomy in the third degree and the other six counts were dismissed. MacLaughlin was sentenced to five years' imprisonment; however, the Court withheld entry of the judgment and instead sentenced him to two years' probation.

On May 6, 1984, MacLaughlin appeared in Fayette District Court and pled guilty to the misdemeanor charge of criminal facilitation. The Court imposed a fine of $50.00. He pled guilty in Fayette Juvenile Court on May 23, 1984, to the charge of an unlawful transaction with a minor. MacLaughlin was again fined and received a one-year probated sentence. On May 30, 1984, he was arrested and charged with violating the probation imposed upon him in 1983 for the sodomy conviction.

At the probation revocation hearing in June of 1984 the court found that MacLaughlin had violated the terms of his probation by being convicted in Fayette Juvenile Court. The court entered an order revoking probation and sentencing MacLaughlin to five years' imprisonment.

In January of 1985 MacLaughlin filed a pro se motion to vacate sentence and judgment pursuant to RCr 11.42. The court appointed "Legal Aid" to represent him in his RCr 11.42 proceeding. On May 2, 1985, without granting an evidentiary hearing, the court overruled appellant's motion.

On appeal MacLaughlin argues that the trial court erred in overruling his RCr 11.42 motion because he was denied effective assistance of counsel during his probation revocation hearing. He also contends that the Court erred in not granting his motion for an evidentiary hearing since he presented the court with issues of fact which could not be resolved by resorting to the record alone. We disagree.

Appellant maintains that counsel rendered ineffective assistance when he failed...

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13 cases
  • Shegog v. Com.
    • United States
    • Kentucky Court of Appeals
    • July 25, 2008
    ...that there is a reasonable likelihood that the outcome of the trial would have been different absent the errors. MacLaughlin v. Commonwealth, 717 S.W.2d 506, 507 (Ky.App.1986). "In determining whether the degree of skill exercised by the attorney meets the proper standard of care, the attor......
  • Gabbard v. Commonwealth, No. 2005-CA-001113-MR (Ky. App. 6/15/2007)
    • United States
    • Kentucky Court of Appeals
    • June 15, 2007
    ...the process that there is a reasonable likelihood that the outcome of the trial would have been different. MacLaughlin v. Commonwealth, 717 S.W.2d 506, 507 (Ky.App. 1986). Moreover, this Court must "indulge a strong presumption that counsel acted reasonably and effectively." Mills v. Common......
  • Stanley v. Commonwealth, No. 2006-CA-001906-MR (Ky. App. 10/26/2007), 2006-CA-001906-MR.
    • United States
    • Kentucky Court of Appeals
    • October 26, 2007
    ...there is a reasonable likelihood that the outcome of the trial would have been different absent counsel error. MacLaughlin v. Commonwealth, 717 S.W.2d 506, 507 (Ky.App. 1986). Stanley first alleges that she was denied effective assistance of counsel when her defense counsel failed to move f......
  • Hughes v. Commonwealth, No. 2006-CA-002279-MR (Ky. App. 3/28/2008)
    • United States
    • Kentucky Court of Appeals
    • March 28, 2008
    ...that there is a reasonable likelihood that the outcome of the trial would have been different absent the errors. MacLaughlin v. Commonwealth, 717 S.W.2d 506, 507 (Ky.App. 1986). During trial, Hughes moved for a continuance in order to investigate an insanity defense but his motion was denie......
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