Criminal, Habeas Corpus: BUSH V. COM. (COA 9/21/2007)

BUSH V. COM.
CRIMINAL: RCR 11.42 WAIVER, FEDERAL HABEAS CORPUS RELIEF

2006-CA-001372
PUBLISHED: DISMISSING
PANEL: DIXON PRESIDING; VANMETER AND GRAVES CONCUR
FRANKLIN COUNTY
DATE RENDERED: 09/21/2007

CA dismissed pro se inmate’s appeal challenging the Circuit Court’s denial of his motion for post-conviction relief alleging prosecutorial misconduct and ineffective assistance of counsel.  While CA opined that Bush failed to establish that he was entitled to relief pursuant to RCr 11.42, they did not reach the merits of his claims because his motion was untimely.  The trial court herein lost jurisdiction over Bush’s case ten days after entry of the final judgment. Silverburg v. Commonwealth, 587 S.W.2d 241, 244 (Ky. 1979). As Bush’s motion was filed outside the three-year statute of limitations period mandated in RCr 11.42, it was insufficient to reinvest jurisdiction.

Digested by Scott C. Byrd

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