Emoshia Duncan v. Commonwealth of Kentucky

RENDERED: NOVEMBER 5, 2021; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2021-CA-0019-MR EMOSHIA DUNCAN APPELLANT APPEAL FROM FAYETTE CIRCUIT COURT v. HONORABLE ERNESTO M. SCORSONE, JUDGE ACTION NOS. 04-CR-00245-001 & 05-CR-00663 COMMONWEALTH OF KENTUCKY APPELLEE OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: ACREE, COMBS, AND MAZE, JUDGES. MAZE, JUDGE: Emoshia Duncan appeals from an order of the Fayette Circuit Court denying his motion to vacate or correct his sentence pursuant to CR1 60.02(e). We conclude that the trial court abused its discretion by…