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MOORE v. COM.

No. 2004-SC-0550-DG, 2004-SC-0552-DG.

199 S.W.3d 132 (2006)

Steven MOORE, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Douglas Hawkins, Appellant, v. Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 21, 2006.

Attorney(s) appearing for the Case

Margaret Foley Case, Appeals Branch Manager, Joseph Ray Myers, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Counsel for Appellant Steven Moore (2004-SC-0550-DG).

Gregory D. Stumbo, Attorney General, George G. Seelig, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, James C. Shackelford, Assistant Attorney General, Consumer Protection Division, Frankfort, Counsel for Appellee Commonwealth of Kentucky (2004-SC-0550-DG).

Dennis James Burke, Richard E. Neal, Department of Public Advocacy, Frankfort, Counsel for Appellant Douglas Hawkins (2004-SC-0552-DG).

Gregory D. Stumbo, Attorney General, Michael Harned, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee Commonwealth of Kentucky (2004-SC-0552-DG).

COOPER, Justice.

Because these two appeals present the same two principal issues in different factual contexts, we address them in a single opinion. The principal issues are whether an appellate court may permit a criminal defendant to file a belated appeal from the denial of a collateral attack against a conviction or sentence and, if so, under what circumstances it may do so. No. 2004-SC-0550-DG presents the additional issue of the effect of a mistaken notation...

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