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GRAHAM v. COM.

No. 96-SC-383-DG.

952 S.W.2d 206 (1997)

Ricky GRAHAM, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

September 4, 1997.

Attorney(s) appearing for the Case

Elizabeth A. Shaw, Richmond, for appellant.

A.B. Chandler, III, Attorney General, Elizabeth A. Myerscough, Assistant Attorney General, Criminal Appellate Division, Frankfort, for appellee.

OPINION

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed the orders of the Mason Circuit Court overruling the motion by Graham to vacate judgment pursuant to RCr 10.26, RCr 11.42, CR 60.02 and CR 60.03, without conducting an evidentiary hearing.

Graham argues that the circuit judge erred and misapplied Cole v. Commonwealth, Ky., 441 S.W.2d 160 (1969) and Howard...

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