Legal Opinion

Burton v. Tartar

Court of Appeals of Kentucky

Decided December 18, 1964PublishedCited by 7 opinions

1Opinion of the Court

DAVIS, Commissioner.

Luke Burton, the petitioner, seeks an order of this court to require Hon. R. C. Tartar, Judge, Pulaski Circuit Court, to order a record prepared of certain proceedings had in the Pulaski Circuit Court wherein an RCr 11.42 motion by Burton was overruled. Burton asserts that he desires the record for an appeal to this court from the adverse judgment in the RCr 11.42 proceeding.

In his petition here, Burton asserts that he has alleged the denial of a fundamental constitutional right in the RCr 11.42 motion, hence, he is entitled as a matter of right to a hearing on the motion;…

2Cases cited3 opinions

  1. Sanders v. United StatesSupreme Court of the United States · 1963
  2. Baker v. DavisCourt of Appeals of Kentucky · 1964
  3. Burton v. TartarCourt of Appeals of Kentucky · 1964

3Cited by7 opinions

  1. Commonwealth v. MillerCourt of Appeals of Kentucky (pre-1976) · 1967
  2. Butler v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1971
  3. Gray v. WingoCourt of Appeals of Kentucky (pre-1976) · 1968
  4. Cardwell v. CommonwealthCourt of Appeals of Kentucky · 2011
  5. Kinmon v. CommonwealthCourt of Appeals of Kentucky · 1965

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