Death Penalty; Motion to set aside void judgment — RALPH S. BAZE V. COM. OF KENTUCKY (SC 11/26/2008)

RALPH S. BAZE V. COM. OF KENTUCKY
CRIMINAL:  Death Penalty; Motion to set aside void judgment
2007-SC-000601-MR.pdf
PUBLISHED: AFFIRMING
OPINION BY CUNNINGHAM; SCOTT NOT SITTING
ROWAN COUNTY
DATE RENDERED: 11/26/2008

SC affirmed Circuit Court's order denying Baze's CR 60.02 motion to vacate a judgment he claims is void. This appeal represents the sixth request for post-conviction relief from the judgment in which Baze was sentenced to death for the double murder of two policemen. Trial Judge validly obtained jurisdiction over Baze's case by virtue of his special appointment. Further, Judge did not exceed the bounds of his territorial jurisdiction, as he conducted the trial in Rowan County. SC did not appreciate this motion, stating "both the patience and resources of this Court are stretched by repeated motions for post-conviction relief raising issues based on decade-old factual circumstances. Counsel is admonished, most forcefully and for a second time that this is an improper use of our post-conviction relief rules."

Digested by Scott C. Byrd
www.olginandbyrd.com