COA 2010 Minutes: March 12, 2010 (Nos. 260-270)

COA 2010 Minutes: March
12, 2010 (Nos. 260-270)

  • 10 decisions
  • 1Published
  • 30 orders dismissing appeal
  • 4 orders denying petition for rehearing (1 Jeff.)
  • 4 orders denying motion for discretionary review (MDR)(1 Jeff.)
  • 3 orders denying petition for writ of prohibition (1 Jeff)
  • 1 order granting petition for writ of prohibition
  • 3 orders denying motion for belated ppeal (1 Jeff)
  • 1 order affirming
  • Workload watch – judges writing the opinions – Presiding Judge
    • Wine 1 (published)(criminal)
    • Henry 1
    • Acree 1
    • Capterton 2
    • White 1
    • Thompson 1
    • Taylor 1
    • Combs 1
    • Stumbo 1

Published Decisions with digest and link to full text decision at
AOC:

261
CRIMINAL
HATCHER VS. COMMONWEALTH
APPEAL FROM EDMONSON CIRCUIT COURT  HONORABLE RONNIE C. DORTCH, JUDGE
OPINION REVERSING AND REMANDING
** ** ** ** ** BEFORE: KELLER AND WINE, JUDGES; LAMBERT, SENIOR JUDGE.

WINE, JUDGE: Allen Hatcher, pro se, appeals from the denial of a Kentucky Rules of Criminal Procedure (“RCr”) 11.42 motion. Hatcher argues on appeal that he received ineffective assistance of counsel because of trial counsel’s alleged failure to challenge the jury instructions, to object to amendment of the charges, to adequately investigate the prosecution’s witnesses, and to raise double jeopardy as an issue. Upon careful review of the record, we reverse the trial court’s order of July 16, 2008, denying Hatcher RCr 11.42 post-conviction relief; vacate Hatcher’s conviction and sentence for murder; and remand for a new trial on the charge of murder.

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