Baldwin v. Commonwealth

PALMORE, Chief Justice.

Appellant is serving a sentence of life imprisonment pursuant to a conviction of armed robbery in the McCracken Circuit Court. He appeals from an order overruling an RCr 11.42 motion to vacate.

As the order was entered without a hearing, our review is directed to whether the motion stated grounds that are not conclusively refuted by the record and which, if proved, would establish a constitutional infirmity sufficient to invalidate the conviction.

The grounds stated in the motion were:(1) Movant was “denied the compulsory process of obtaining witness in his favor.”(2) He…