Kennedy v. Commonwealth

PALMORE, Judge.

This is a second RCr 11.42 proceeding to vacate a judgment entered in September of 1957 convicting Ardell Kennedy of wilful murder (allegedly committed in April of 1957) and sentencing him to life imprisonment. KRS 435.010.

Kennedy’s first RCr 11.42 motion was filed in the Perry Circuit Court on March 22, 1968. It alleged two grounds, that at the time of his conviction (1) the movant was without counsel and his mother pleaded guilty for him, and (2) he was mentally incompetent. The trial court promptly entered an order permitting him to proceed in forma pauperis, as he had…