AMBURGEY v. COM.


579 S.W.2d 376 (1979)

James Edward AMBURGEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified January 26, 1979.

Discretionary Review Denied April 24, 1979.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, Kevin Michael McNally, Asst. Public Defender, Com. of Kentucky, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., J. Gerald Henry, Asst. Atty. Gen., Frankfort, for appellee.

Before HAYES, HOWARD and PARK, JJ.


HOWARD, Judge.

This is an appeal from the denial of a RCr 11.42 motion. The motion, brought in Fayette Circuit Court, sought to reinstate the appeal of appellant's 1976 conviction on charges of murder, rape, and sodomy. The circuit court overruled the motion noting that the Supreme Court had previously denied further time extensions in the first appeal and had dismissed the appeal. Appellant contends that he is entitled to relief under RCr 11.42 because the ineffective...

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