Epperson v. Commonwealth
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The Supreme Court affirmed the judgment of the circuit court denying Appellant's motion for relief from his conviction, holding that the circuit court did not err.
After a second trial, Defendant was convicted of two counts of complicity to murder, first-degree robbery and first-degree burglary. Defendant later brought a Ky. R. Crim. P. (RCr) 11.42, RCr 10.02, Ky. R. Civ. P. (CR) 60.02 and CR 60.03 motion for relief, arguing that the United States Supreme Court's decision in McCoy v. Louisiana, 138 S.Ct. 1500, governed his claim that his trial counsel conceded guilt against his expressed desire to maintain actual innocence of the charged crimes. The circuit court denied the motion on the grounds that it was both substantively and procedurally improper. The Supreme Court affirmed, holding (1) the circuit court correctly ruled that Epperson v. Commonwealth, No. 2017-SC-000044-MR, 2018 WL 3920226 (Ky. Aug. 16, 2018), was controlling law of the case; and (2) the circuit court correctly ruled that the motion was an impermissible successive collateral attack.
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