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FRASER v. COM.

No. 1999-SC-0846-DG.

59 S.W.3d 448 (2001)

Robert FRASER Appellant v. COMMONWEALTH OF KENTUCKY Appellee

Supreme Court of Kentucky.

September 27, 2001.

Attorney(s) appearing for the Case

John Palombi, Misty Dugger, Assistant Public Advocates, Department of Public Advocacy, Frankfort, Counsel for Appellant.

A.B. Chandler, III, Attorney General, Connie Vance Malone, Paul D. Gilbert, Assistant Attorneys General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee.

COOPER, Justice.

Appellant Robert Fraser pled guilty to murder and to two counts of tampering with physical evidence and was sentenced to life in prison. His subsequent motion for relief under RCr 11.42 was denied without an evidentiary hearing or appointment of counsel. The Court of Appeals affirmed and we granted discretionary review to address the following issues: (1) When is an evidentiary hearing required on an RCr...

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