Thompson v. Commonwealth

VANCE, Justice.

We have granted transfer of this case from the Court of Appeals to consider once again the proper procedure available to a defendant who has been convicted of a crime and who maintains that his right to one appeal granted by the Kentucky Constitution has been lost because he did not receive effective assistance of counsel to prosecute the appeal.

Beginning with the holding of this court that RCr 11.42 was not an appropriate remedy for a constitutional denial of the right of appeal, McIntosh v. Commonwealth, Ky., 368 S.W.2d 331 (1963), we then proceeded to hold that RCr 11.42 was…