MORRIS (JEFFREY ALLEN) VS. COMMONWEALTH OF KENTUCKY
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RENDERED: DECEMBER 3, 2010; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2009-CA-001808-MR
JEFFREY ALLEN MORRIS
v.
APPELLANT
APPEAL FROM PULASKI CIRCUIT COURT
HONORABLE PAUL E. BRADEN, SPECIAL JUDGE
ACTION NO. 02-CR-00095
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE: TAYLOR, CHIEF JUDGE; STUMBO, JUDGE; SHAKE,1 SENIOR
JUDGE.
TAYLOR, CHIEF JUDGE: Jeffrey Allen Morris brings this pro se appeal from a
May 20, 2009, order of the Pulaski Circuit Court denying his Kentucky Rule of
Civil Procedure (CR) 60.02 motion to vacate his sentence of imprisonment upon
guilty plea. We affirm.
1
Senior Judge Ann O’Malley Shake sitting as Special Judge by assignment of the Chief Justice
pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes
21.580.
The underlying facts of this case are particularly disturbing. In 2002,
appellant was indicted by the Pulaski County Grand Jury for complicity to commit
capital murder. Based upon three statutory aggravating factors, the
Commonwealth gave notice of its intent to seek the death penalty. Appellant was
involved in the murder of Pulaski County Sheriff Samuel Wilson Catron. Sheriff
Catron was shot in the head while entering his police cruiser. Eventually, it was
determined that the shot was fired from a rifle some 72 yards away. Although
appellant was not the actual shooter, appellant was involved in planning the murder
and allowed the shooter to utilize appellant’s motorcycle during the actual
commission of the murder.
Appellant eventually entered into a plea agreement with the
Commonwealth. In exchange for appellant’s testimony at trial against the shooter
and appellant’s guilty plea, the Commonwealth agreed to recommend a sentence of
life imprisonment without the possibility of parole for twenty-five years. In
accordance with the plea agreement, appellant pleaded guilty to complicity to
commit murder with aggravating circumstances, and he was sentenced in
accordance with the Commonwealth’s recommendation.
Thereafter, appellant filed a Kentucky Rules of Criminal Procedure
(RCr) 11.42 motion to vacate his sentence of imprisonment. He alleged that trial
counsel was ineffective in several respects. The motion was denied; an appeal to
this Court was affirmed in 2004-CA-002484-MR.
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Appellant then filed the current CR 60.02 motion seeking to again
vacate his sentence of imprisonment. By order entered May 20, 2009, the circuit
court denied the CR 60.02 motion, thus precipitating this appeal.
Appellant contends that the circuit court erred by denying his CR
60.02 motion. Appellant asserts entitlement to CR 60.02 relief because: (1) he was
acting under extreme emotional distress during commission of the crime, (2) his
guilty plea was entered involuntarily, and (3) trial counsel was ineffective.
CR 60.02 is an extraordinary remedy. Wilson v. Com., 403 S.W.2d
710 (Ky. 1966). It is well-established that CR 60.02 relief is not available to raise
issues that could have been raised by either a direct appeal or by RCr 11.42
motion. In the case at hand, all of appellant’s allegations could and should have
been raised by either direct appeal or by RCr 11.42 motion, which he failed to do.
McQueen v. Com., 948 S.W.2d 415 (Ky. 1997). Accordingly, appellant has not
demonstrated that he is entitled to CR 60.02 relief.
For the foregoing reasons, the order of the Pulaski Circuit Court is
affirmed.
ALL CONCUR.
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BRIEFS FOR APPELLANT:
BRIEF FOR APPELLEE:
Jeffrey Allen Morris, Pro Se
Fredonia, Kentucky
Jack Conway
Attorney General of Kentucky
Jason B. Moore
Assistant Attorney General
Frankfort, Kentucky
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