Cawl v. Commonwealth
Annotate this CaseIn 2005, Appellant entered an Alford plea to eleven counts of first-degree robbery and was sentenced to twenty-one years imprisonment. In 2008, Appellant filed a pro se motion to vacate his sentence pursuant to Ky. R. Crim. P. 11.42, alleging that his counsel had provided ineffective assistance by misinforming him that he would be eligible for parole when he had served twenty percent of his sentence. The trial court denied the motion without conducting an evidentiary hearing. Appellant appealed, arguing that the trial court erred in failing to grant an evidentiary hearing on the specific allegation of ineffective assistance of trial counsel pertaining to his parole eligibility. The court of appeals concluded that Appellant failed to preserve his right to appeal the summary denial of his Rule 11.42 motion because he did not request additional findings pursuant to Rule 11.42(6). The Supreme Court reversed, holding that Appellant did not waive his right to appeal the trial court’s failure to hold an evidentiary hearing on his Rule 11.42 motion.
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