Gross v. Commonwealth

LEIBSON, Justice.

This is one of seven cases heard together at oral argument pursuant to an order that “argument in the above-styled matter shall be limited and confined to the issues presented by CR 60.02.” This case is selected as typical and is sufficient for us to dispose of the critical issues in each of the seven cases.

In five of the cases, including the present one, the movants petitioned the trial courts under CR 60.02 to set aside prior final judgments of conviction. In two of the cases, final judgments are attacked under RCr 11.42 for reasons that have common ground with the other…