PATTON V. COM.
CRIMINAL: INEFFECTIVE ASSISTANCE OF COUNSEL; VOLUNTARY PLEA
PANEL: HOWARD PRESIDING; DIXON, THOMPSON CONCUR
DATE RENDERED: 10/26/2007
CA affirmed order of Jefferson Circuit Court denying without an evidentiary hearing pro se Defendant’s RCr 11.42 motion to vacate his guilty pleas alleging ineffective assistance of counsel. A defendant is entitled to an evidentiary hearing on his RCr 11.42 motion if the issues raised in that motion reasonably require such a hearing for a determination. On the other hand, a defendant is not entitled to such a hearing if the motion, on its face, does not allege facts which would entitle him to a new trial even if true, or if his allegations are refuted by the record itself. Here, based on the record, CA found no evidence of coercion, nor of ineffective assistance by Patton’s trial counsel in advising him to accept the plea offer, rather than to go to trial.
Digested by Scott C. Byrd
Olgin and Byrd