Maggard v. Commonwealth

PALMORE, Judge.

Roy Maggard appeals from a judgment of the Pulaski Circuit Court overruling his RCr 11.42 motion to vacate the judgment pursuant to which he is imprisoned at the Kentucky State Penitentiary. The motion was overruled on the basis of the record. The question is whether appellant was entitled to a hearing.

It has been settled that a movant under RCr 11.42 is not entitled to appointed counsel or to a hearing if his motion on its face does not allege facts which, if true, render the judgment void. Maye v. Commonwealth, Ky., 386 S.W.2d 731 (1965); Odewahn v. Ropke, Ky., 385 S.W.2d 163…