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HIATT v. CLARK

No. 2005-SC-000455-MR.

194 S.W.3d 324 (2006)

Victor E. HIATT, Appellant, v. Hon. Thomas L. CLARK, Judge, Fayette Circuit Court, Appellee, and Commonwealth of Kentucky, Real Party in Interest.

Supreme Court of Kentucky.

As corrected July 5, 2006.

Attorney(s) appearing for the Case

Sarah J. Jost-Nielsen, Department of Public Advocacy, Frankfort, Counsel for Appellant.

Gregory D. Stumbo, Attorney General, Frankfort, Raymond M. Larson, Fayette County Commonwealth's Attorney, Kimberly Henderson Baird, Assistant Commonwealth's Attorney, Lexington, Counsel for Appellee.

SCOTT, Justice.

I. INTRODUCTION

Appellant, Victor E. Hiatt, was convicted of wanton murder and tampering with evidence in 2001 and received a life sentence. In February 2004, Hiatt filed a pro se RCr 11.42 motion, alleging ineffective assistance of trial counsel. In pursuing this claim, Hiatt requested but was denied access to his entire trial file from Keith Eardley, a staff attorney for Fayette County Legal...

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