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COM. v. PADILLA

No. 2006-SC-000321-DG.

253 S.W.3d 482 (2008)

COMMONWEALTH of Kentucky, Appellant, v. Jose R. PADILLA, Appellee.

Supreme Court of Kentucky.

Rehearing Denied June 19, 2008.

Attorney(s) appearing for the Case

Jack Conway, Attorney General of Kentucky, David A. Smith, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, KY, Counsel for Appellant.

Timothy G. Arnold, Richard E. Neal, Assistant Public Advocates, Department of Public Advocacy, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Chief Justice LAMBERT.

This Court granted the Commonwealth's motion for discretionary review. It seeks reversal of the Court of Appeals opinion remanding to the trial court for an evidentiary hearing on Appellee's ineffective assistance of counsel claim pursuant to RCr 11.42.

Appellee Jose Padilla is a native of Honduras who has lived in this country for decades. He served in the United States military during the Vietnam War. Padilla...

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