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RUSSELL v. COMMONWEALTH

No. 2011-CA-001799-MR.

JASON RUSSELL, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Court of Appeals of Kentucky.

Rendered: September 21, 2012.

Attorney(s) appearing for the Case

Daniel J. Canon , Louisville, Kentucky, BRIEFS AND ORAL ARGUMENT FOR APPELLANT:

Jack Conway , Attorney General of Kentucky Julie Scott Jernigan , Assistant Attorney General, BRIEF FOR APPELLEE.

Julie Scot Jernigan Assistant Attorney General Frankfort, Kentucky ORAL ARGUMENT FOR APPELLEE.

BEFORE: KELLER, TAYLOR AND VANMETER, JUDGES.

NOT TO BE PUBLISHED

OPINION

KELLER, JUDGE.

Jason Russell (Russell) appeals from the trial court's denial of his Kentucky Rule of Criminal Procedure (RCr) 11.42 motion as being untimely filed. On appeal, Russell argues that the trial court should have tolled the period within which he was required to file his motion because of his alleged mental incompetence. Furthermore, Russell argues that his alleged mental incompetence presented issues that...

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