Jones v. Costanzo

*2Opinion of the Court by

Justice SCOTT.

Appellant, Fred M. Jones, Jr., petitioned the Court of Appeals for a writ of mandamus directing the Bell Circuit Court to enter an order releasing expert witness funds for an evidentiary hearing regarding his post-conviction RCr 11.42 ineffective assistance of counsel motion. The Court of Appeals denied the petition and Appellant now appeals to this Court as a matter of right, Ky. Const. § 115, CR 76.36(7)(a), arguing that an expert is necessary to prove that prejudice resulted from his trial counsel’s failure to have him evaluated for competency. For the…