Milner v. Commonwealth

Court of Appeals of Kentucky

Milner v. Commonwealth

408 S.W.2d 646, 1966 Ky. LEXIS 132

CourtCourt of Appeals of Kentucky

DecidedNovember 18, 1966

StatusPublished

Cited by2 cases

This text of 408 S.W.2d 646 (Milner 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

Milner v. Commonwealth, 408 S.W.2d 646, 1966 Ky. LEXIS 132 (Ky. Ct. App. 1966).

Pincite

Opinion

CULLEN, Commissioner.

The Pendleton Circuit Court overruled without a hearing the motion of Roy Milner, under RCr 11.42, to vacate a 1965 judgment of conviction of rape under which Milner is serving a 10-year sentence. However, the court appointed counsel for Milner and through that counsel an appeal has been taken to this court.

The motion here in question was filed in April 1966. A previous motion filed in July 1965 was overruled in September 1965 and no appeal was taken from that ruling. The grounds asserted in the second motion either were stated in or could reasonably have been presented in the first motion. Accordingly, the court properly overruled the second motion. See RCr 11.42 and Bell v. Commonwealth, Ky., 396 S.W.2d 772.

Since the motion was such as properly could be overruled without a hearing there was no occasion for the court’s appointing counsel for the movant.

The judgment is affirmed.

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