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COMMONWEALTH v. TIGUE

2011-SC-000737-DG, 2012-SC-000599-DG.

459 S.W.3d 372 (2015)

COMMONWEALTH of Kentucky, Appellant/Cross-Appellee v. Shawn TIGUE, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

RENDERED: MAY 14, 2015.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT/CROSS-APPELLEE: Jack Conway , Attorney General, William Bryan Jones , Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, 1024 Capital Center Drive, Frankfort, Kentucky 40601.

COUNSEL FOR APPELLEE/CROSS-APPELLANT: Meggan Elizabeth Smith , Department of Public Advocacy, Assistant Public Advocate, 207 Parker Drive, Suite 1, LaGrange, Kentucky 40031.

OPINION OF THE COURT BY JUSTICE NOBLE

This case raises primarily two issues. First, does a defendant's pro se request to withdraw his guilty plea constitute a critical stage of the proceedings at which the right to counsel attaches, and, if so, is that right violated when trial counsel refuses to assist in the request or to seek alternative counsel? Second, does trial counsel's complete failure to investigate an alleged alternative perpetrator constitute...

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