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COM. v. CARNEAL

Nos. 2006-SC-000653-DG, 2007-SC-000203-DG.

274 S.W.3d 420 (2008)

COMMONWEALTH of Kentucky, Appellant/Cross-Appellee, v. Michael CARNEAL, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

Rehearing Denied February 19, 2009.

Attorney(s) appearing for the Case

Jack Conway, Attorney General, David A. Smith, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellant/Cross-Appellee.

David Hare Harshaw, III, Assistant Public Advocate, Department of Public Advocacy, LaGrange, KY, Timothy G. Arnold, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellee/Cross-Appellant.

Opinion of the Court by Justice CUNNINGHAM.

The Commonwealth appeals from a decision of the Court of Appeals reversing the McCracken Circuit Court's denial of Michael Carneal's motion for post-conviction relief. In that motion, Carneal moved the trial court to allow him to withdraw his guilty plea on the grounds of ineffective assistance of counsel, and that new, previously unavailable psychological information called into question his competency at both the time...

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