Commonwealth v. Searight

Opinion of the Court by

Chief Justice MINTON.

Deciding a motion for relief from a judgment under Kentucky Rules of Criminal Procedure (RCr) 11.42 for ineffective assistance of trial counsel requires the trial court to conduct an evidentiary hearing only when there is “a material issue of fact that cannot be determined on the face of the record.”1 And this Court has consistently held that a hearing is not necessary when a trial court can resolve issues on the basis of the record or when “it deter-minéis] that the allegations, even if true, would not be sufficient to invalidate [the]…