Palmer v. Commonwealth

OPINION

SCHRODER, Judge.

This is an appeal from an order summarily denying appellant’s RCr 11.42 mo tion for being untimely filed under RCr 11.42(10). The sole issue before us is whether the time for an RCr 11.42 motion begins to run under RCr 11.42(10) from the date of the filing of the trial court’s judgment of conviction or from the date of the appellate court’s judgment on direct appeal. We adjudge that the time begins to run from the date of the final judgment on appeal. Thus, we reverse and remand for consideration of the merits of appellant’s RCr 11.42 motion.

Appellant was tried by a…