Hopewell v. Commonwealth

HOWERTON, Judge.

Hopewell appeals from an order of the Boone Circuit Court denying his RCr 11.42 motion for post-conviction relief. The only issue is whether the trial judge erred in denying the motion without an evidentia-ry hearing or the appointment of counsel to determine if Hopewell had been denied effective assistance of counsel at trial. Hearings and appointments are not necessary when the record in the case refutes the movant’s allegations. Newsome v. Commonwealth, Ky., 456 S.W.2d 686 (1970). We conclude that the record does support the denial, and we affirm the order.

Hopewell claims…