Johnson v. Commonwealth

CLAY, Commissioner.

This is an RCr 11.42 proceeding in which appellant claimed ineffective assistance of counsel and denial of his right to appeal his original conviction for rape. His motion was denied on the ground that it asserted the same grounds of a prior similar motion which had been denied. Appellant was not given a hearing on the prior motion or the one before us.

With respect to the ground that his counsel’s assistance was ineffective, appellant’s allegations were insufficient to warrant a hearing. See Hargrove v. Commonwealth, Ky., 396 S.W.2d 75 (1965), and Wahl v. Commonwealth, Ky.,…