Commonwealth of Kentucky v. Douglas Rank

OPINION OF THE COURT BY

JUSTICE VENTERS

The Commonwealth appeals from an opinion of the Court of Appeals which remanded this case to the Kenton Circuit Court for an evidentiary hearing on Appel-lee Douglas Rank’s RCr 11.42 motion. Based upon a guilty plea, Rank was convicted of first degree assault for which he was serving a fifteen-year prison sentence when he moved pursuant to RCr 11.42 to vacate his conviction. Rank’s motion included a request for an evidentiary hearing to establish that his guilty plea was not made knowingly, intelligently and voluntary and was, instead, the result of…