Hobbs v. Stivers

PALMORE, Judge.

James Hobbs, a prisoner in the state penitentiary at Eddyville, petitions for a writ of mandamus directing the judge'of the Knox Circuit Court to pass on his RCr 11.42 motion to vacate a judgment of that court sentencing him to life imprisonment pursuant td a guilty plea on a murder charge. KRS 435.010.

The petition, filed on November 4, 1964, states that the motion was mailed to the circuit court clerk on or about September 16, 1964. The respondent was promptly notified of this proceeding but has not responded. Hence we take the allegations of the petition as true.

Ordinarily,…