Stacy v. Turner

Court of Appeals of Kentucky

Stacy v. Turner

407 S.W.2d 131

DecidedOctober 21, 1966

StatusPublished

This text of 407 S.W.2d 131 (Stacy v. Turner) 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.

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Stacy v. Turner, 407 S.W.2d 131 (Ky. Ct. App. 1966).

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Opinion

MOREMEN, Judge.

Petitioner Samuel Stacy, now imprisoned at the Eddyville Prison, on June 22, 1966, filed a motion to vacate judgment of conviction under RCr 11.42. On August 3, 1966, he filed an original action in this Court in which he states that the Hon. Ervine Turner, Judge of the Powell Circuit Court, has failed to act upon that motion and he seeks an order directing respondent to hear and dispose of it.

Respondent was duly notified of this proceeding, but has not made any response to the petition although response was due within ten days of the date of the filing of the petition. RCA 1.420. The allegations of the petition therefore must be treated as being confessed. Wahl v. Simpson, Ky., 385 S.W.2d 171; and Moore v. Pound, Ky., 390 S.W.2d 159.

The petition for mandamus is sustained and respondent is directed to dispose of the RCr 11.42 motion by appropriate proceedings.

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MOREMEN, Judge.

Petitioner Samuel Stacy, now imprisoned at the Eddyville Prison, on June 22, 1966, filed a motion to vacate judgment of conviction under RCr 11.42. On August 3, 1966, he filed an original action in this Court in which he states that the Hon. Ervine Turner, Judge of the Powell Circuit Court, has failed to act upon that motion and he seeks an order directing respondent to hear and dispose of it.

Respondent was duly notified of this proceeding, but has not made any response to the petition although response was due within ten days of the date of the filing of the petition. RCA 1.420. The allegations of the petition therefore must be treated as being confessed. Wahl v. Simpson, Ky., 385 S.W.2d 171; and Moore v. Pound, Ky., 390 S.W.2d 159.

The petition for mandamus is sustained and respondent is directed to dispose of the RCr 11.42 motion by appropriate proceedings.

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407 S.W.2d 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stacy-v-turner-kyctapp-1966.

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