Davis v. Knuckles

MILLIKEN, Chief Justice.

Petitioner alleges that (1) his motion to vacate judgment filed on or about February 1971 has not been ruled on within “the twenty day time limit” required by the rules of the court, and (2) he has not yet received an evidentiary hearing to which he is entitled. There is no response.

Petitioner is one of many prisoners seeking relief who have the misconception that the twenty days given to the Commonwealth by RCr. 11.42 in which to serve an answer is a time limit on the circuit judge in deciding the case. There is no specific time limit within which an RCr. 11.42 motion…