Collins v. Commonwealth

WADDILL, Commissioner.

The appeal is from an order overruling a motion under RCr 11.42 to vacate a judgment pursuant to which appellant is incarcerated in the Eddyville State Penitentiary.

Appellant contends he was denied the effective assistance of counsel in contravention of the 14th Amendment to the Federal Constitution and Section 11 of our State Constitution in that he was brought to trial the same day counsel was appointed to represent him.

Upon the filing of this motion the circuit judge appointed the Honorable James Higgins to represent appellant. A hearing was held in appellant’s…