Burks v. Commonwealth

Court of Appeals of Kentucky

Burks v. Commonwealth

407 S.W.2d 715

CourtCourt of Appeals of Kentucky

DecidedOctober 28, 1966

StatusPublished

Cited by1 cases

This text of 407 S.W.2d 715 (Burks 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

Burks v. Commonwealth, 407 S.W.2d 715 (Ky. Ct. App. 1966).

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Opinion

CULLEN, Commissioner.

The circuit court dismissed without a hearing the motion of Henry Clay Burks, under RCr 11.42, which alleged lack of counsel as the ground for setting aside the 1949 judgment of conviction (entered upon a plea of guilty) under which he is serving a life sentence for armed robbery. The court in so doing relied upon Brown v. Commonwealth, Ky., 396 S.W.2d 773, and properly so, because the cases are indistinguishable in principle.

The order of dismissal is affirmed.

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CULLEN, Commissioner.

The circuit court dismissed without a hearing the motion of Henry Clay Burks, under RCr 11.42, which alleged lack of counsel as the ground for setting aside the 1949 judgment of conviction (entered upon a plea of guilty) under which he is serving a life sentence for armed robbery. The court in so doing relied upon Brown v. Commonwealth, Ky., 396 S.W.2d 773, and properly so, because the cases are indistinguishable in principle.

The order of dismissal is affirmed.

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Bluebook (online)

407 S.W.2d 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burks-v-commonwealth-kyctapp-1966.

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