COM. v. HARRIS

Nos. 2006-SC-000040-DG, 2006-SC-000451-DG.

250 S.W.3d 637 (2008)

COMMONWEALTH of Kentucky, Appellant/Cross Appellee, v. Lonnie A. HARRIS, Appellee/Cross Appellant.

Supreme Court of Kentucky.

April 24, 2008.


Attorney(s) appearing for the Case

Jack Conway, Attorney General, Gregory C. Fuchs, Assistant Attorney General, Criminal Appellate Division, Frankfort, KY, for Appellant.

Dennis James Burke, Assistant Public Advocate, Department of Public Advocacy, LaGrange, KY, for Appellee.


Opinion of the Court by Justice CUNNINGHAM.

The Commonwealth appeals from an opinion of the Court of Appeals reversing the judgment of the Casey Circuit Court. Appellee, Lonnie A. Harris, was convicted of burglary and theft by unlawful taking. About a year later, Harris moved the Casey Circuit Court for a new trial pursuant to RCr 10.06, CR 59.01 and CR 60.02, due to newly discovered evidence. Additionally, Harris filed a pro se motion pursuant to RCr 11.42...

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