Fraser v. Commonwealth

KELLER, Justice, Concurring in Part and Dissenting in Part.

I agree with much of Section II of the majority opinion and would remand this matter for the trial court to appoint counsel for Appellant and to conduct an eviden-tiary hearing in Appellant’s underlying *459RCr 11.42 action. I write separately, however, because I adamantly disagree with the majority’s Section I conclusion regarding a needy person’s right to appointed counsel in RCr 11.42 proceedings. Accordingly, I would modify the majority’s Section II holding and, in addition to remanding the case for an evidentiary hearing on the…