COMMONWEALTH v. LIUZZI


685 S.W.2d 556 (1985)

COMMONWEALTH of Kentucky, Movant/Appellee, v. Leonard LIUZZI, Respondent/Appellant.

Supreme Court of Kentucky.

February 28, 1985.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Sarah M. Jackson, Asst. Atty. Gen., Frankfort, for movant, appellee.

Sanford L. Berman, Appellate Public Advocate, Louisville, for respondent, appellant.


GANT, Justice.

The Court of Appeals reversed the conviction of Leonard Liuzzi as a persistent felony offender in the first degree in reviewing this case on an appeal from an RCr 11.42 motion alleging ineffective assistance of counsel. The basis for determination of ineffectiveness by retained, private counsel was failure to move for a directed verdict of acquittal when there was "no direct evidence" of the age of Liuzzi at the time of commission of the former crimes...

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