SANDERS v. COM.

No. 2008-SC-000825-MR.

339 S.W.3d 427 (2011)

David Lee SANDERS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

May 19, 2011.


Attorney(s) appearing for the Case

David Michael Barron , Department of Public Advocacy, Assistant Public Advocate, Frankfort, KY, for appellant.

Jack Conway , Attorney General, William Robert Long, Jr. , Assistant Attorney General, Criminal Appellate Division, Frankfort, KY, Heather Michelle Fryman , Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, for appellee.


Opinion of the Court by Justice VENTERS.

Appellant, David Lee Sanders, appeals from an order of the Madison Circuit Court denying his petition for post-conviction relief pursuant to CR 60.02. In this appeal, Appellant raises the following principal arguments: (1) that Special Judge Gary D. Payne, a Senior Status Judge, was unconstitutionally appointed to preside over his case, and, alternatively, he was not given proper notice of the appointment; (2) that the trial...

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