Banton v. Commonwealth

Court of Appeals of Kentucky

Banton v. Commonwealth

404 S.W.2d 277, 1966 Ky. LEXIS 287

DecidedJune 17, 1966

StatusPublished

This text of 404 S.W.2d 277 (Banton v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banton v. Commonwealth, 404 S.W.2d 277, 1966 Ky. LEXIS 287 (Ky. Ct. App. 1966).

Pincite

Opinion

CULLEN, Commissioner.

Paul Banton appeals from a judgment which overruled, without a hearing, his motion under RCr 11.42 to vacate a judgment of 1962 under which he is serving an eight-year sentence for voluntary manslaughter. The sole ground on which he sought relief was that he was not given a preliminary hearing, between arrest and indictment. In the absence of a showing of prejudice this is not a ground for relief under RCr 11.42. See Commonwealth v. Watkins, Ky., 398 S.W.2d 698; Roark v. Commonwealth, Ky., 404 S.W.2d 22 (decided June 10, 1966). Banton’s only claim of prejudice is that if he had been given a hearing his attorney (apparently one hired by him) “would of had time to learn of the nature and import of the alleged crime, and would of had sufficient time to consult with appellant, and establish some rapport with him, and in all likelihood would have been able to advise and protect him legally.” The record shows that appellant had counsel as early as March 20, 1962, and that he was not tried until June, so his counsel had ample time to learn of the nature and import of the crime, to consult with appellant and establish rapport with him, and to advise and protect him.

The judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

CULLEN, Commissioner.

Paul Banton appeals from a judgment which overruled, without a hearing, his motion under RCr 11.42 to vacate a judgment of 1962 under which he is serving an eight-year sentence for voluntary manslaughter. The sole ground on which he sought relief was that he was not given a preliminary hearing, between arrest and indictment. In the absence of a showing of prejudice this is not a ground for relief under RCr 11.42. See Commonwealth v. Watkins, Ky., 398 S.W.2d 698; Roark v. Commonwealth, Ky., 404 S.W.2d 22 (decided June 10, 1966). Banton’s only claim of prejudice is that if he had been given a hearing his attorney (apparently one hired by him) “would of had time to learn of the nature and import of the alleged crime, and would of had sufficient time to consult with appellant, and establish some rapport with him, and in all likelihood would have been able to advise and protect him legally.” The record shows that appellant had counsel as early as March 20, 1962, and that he was not tried until June, so his counsel had ample time to learn of the nature and import of the crime, to consult with appellant and establish rapport with him, and to advise and protect him.

The judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

404 S.W.2d 277, 1966 Ky. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banton-v-commonwealth-kyctapp-1966.

Opinion

Related

Cite This Page — Counsel Stack