CRIMINAL: COM. V. MARLOWE (SC 11/22/2006)

COM. V. MARLOWE
CRIMINAL: 11.42
2005-SC-000984-MR.pdf
PUBLISHED:
DATE RENDERED: 11/22/2006

In 1982, a jury of the Harlan Circuit Court convicted Appellant, Hugh Marlowe, of the willful murder and robbery of seventy-eight year old Henry Hamlin . For this crime, Appellant was sentenced to death. Appellant’s conviction was appealed to and affirmed the trial court overruled Appellant’s motion to amend his RCr 11 .42 petition.

Upon review, SC found no abuse of discretion in the trial court’s ruling. See Ashland Finance Co. v. Hartford Acc. & Indem . Co . 474 S.W.2d 364, 366 (Ky. 1971) ("under CR 15.01 the trial court has a broad discretion to allow amendments").

Appellant next contends the trial court abused its discretion when it refused to recognize a proposed expert on ineffective assistance of counsel.  Again, no error as SC found no abuse of discretion. The decision as to an expert witness’s qualifications rests in the sound discretion of the trial court.