Lay v. Commonwealth

OSBORNE, Chief Justice.

This appeal comes from an order of the Fayette Circuit Court dismissing the appellant’s petition to vacate judgment under RCr 11.42, without allowing an evidentiary hearing on the petition.

In a petition filed under RCr 11.42 the movant must show that there has been a violation of a constitutional right, a lack of jurisdiction, or such a violation of a statute as to make the judgment void and therefore subject to collateral attack. Tipton v. Commonwealth, Ky., 376 S.W.2d 290 (1963) Kiper v. Commonwealth, Ky., 415 S.W.2d 92 (1967).

Appellant’s only real contention here is…