HOPEWELL v. COM.


687 S.W.2d 153 (1985)

Darnell HOPEWELL, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 24, 1985.

Opinion Ordered Published by Supreme Court April 25, 1985.


Attorney(s) appearing for the Case

Karen Jones, Asst. Public Advocate, Lexington, for appellant.

David L. Armstrong, Atty. Gen., Cicely Jaracz, Asst. Atty. Gen., Frankfort, for appellee.

Before COMBS, HOWERTON and LESTER, JJ.


HOWERTON, Judge.

Hopewell appeals from an order of the Boone Circuit Court denying his RCr 11.42 motion for post-conviction relief. The only issue is whether the trial judge erred in denying the motion without an evidentiary hearing or the appointment of counsel to determine if Hopewell had been denied effective assistance of counsel at trial. Hearings and appointments are not necessary when the record in the case refutes the movant's allegations. Newsome v. Commonwealth...

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