Fuston v. Commonwealth

OPINION

VANMETER, Judge.

Richard Fuston appeals pro se from the Whitley Circuit Court’s order denying his motion for relief pursuant to RCr 2 11.42 without an evidentiary hearing. Fuston alleges several instances of ineffective assistance of counsel on appeal. For the following reasons, we affirm in part, and vacate and remand in part.

In January 2002, Fuston was convicted by a jury of first-degree manslaughter. On direct appeal, a panel of this court set out the facts as follows: 3

In 2001, Richard Fuston and a number of other members of his family lived in the Mount Morgan Apartment complex in…