Lawson v. Commonwealth
2004-CA-000553 8/21/09 2009 WL 2568896
Opinion by Judge Clayton; Judges Moore and Stumbo concurred.
The Court affirmed in part, and reversed in part and remanded, an order of the circuit court denying appellant’s motion filed pursuant to RCr 11.42. The Court held that the trial court erred in failing to hold an evidentiary hearing on appellant’s claims that trial counsel was ineffective for failing to ask the trial court for the correct number of preemptory challenges and failing to make a contemporaneous objection. The Court also held that appellant’s other arguments related to counsel’s effectiveness were either addressed and rejected on direct appeal or appellant failed to show that the outcome of the trial would have been different so that appellant was not entitled to an evidentiary hearing on those issues.