TURNER (JOE RAY) VS. COMMONWEALTH OF KENTUCKY

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RENDERED: AUGUST 1, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-002341-MR JOE RAY TURNER v. APPELLANT APPEAL FROM ALLEN CIRCUIT COURT HONORABLE JANET J. CROCKER, JUDGE ACTION NO. 97-CR-00087 COMMONWEALTH OF KENTUCKY APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: ACREE AND CLAYTON, JUDGES; GUIDUGLI,1 SENIOR JUDGE. 1 Senior Judge Daniel T. Guidugli sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statute 21.580. ACREE, JUDGE: Joe Ray Turner was convicted in the Allen Circuit Court of the murder of his father, Bill Turner, and was sentenced to imprisonment for ninetynine years. On direct appeal, the Kentucky Supreme Court affirmed the conviction and sentence. Turner v. Commonwealth, 5 S.W.3d 119 (Ky. 1999). After his direct appeal was unsuccessful, Turner filed multiple postconviction motions pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42, Kentucky Rules of Civil Procedure (CR) 60.02, and RCr 10.10, all of which were denied by the circuit court. Turner styled his current attempt for relief as a “motion to correct/amend final judgment.” Turner argues that both trial counsel and postconviction counsel rendered ineffective assistance. We have reviewed the record and find Turner's claims against his trial counsel wholly without merit. Further, pertaining to his allegations against his appellate counsel, the law is clear that there is no constitutional right to an attorney in a post-conviction proceeding. Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991); Bowling v. Commonwealth, 981 S.W.2d 545 (Ky. 1998), cert. denied, 527 U.S. 1026 (1999). As such, a petitioner cannot claim ineffective assistance of counsel in this appellate proceeding. The order of the Allen Circuit Court is affirmed. ALL CONCUR. -2- BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE: Joe Ray Turner, pro se Burgin, Kentucky Jack Conway Attorney General of Kentucky Perry T. Ryan Assistant Attorney General Frankfort, Kentucky -3-

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