Moore v. Commonwealth

CULLEN, Commissioner.

Orville Lee Moore’s motion under RCr 11.42 to vacate the judgment under which he is serving a life sentence for armed robbery was overruled without a hearing. Moore appeals.

The motion alleged that (1) Moore was denied counsel throughout all of the proceedings culminating in the judgment of conviction; (2) he pleaded guilty under duress of a threat by the Commonwealth’s attorney to seek the death penalty; (3) his conviction was based on circumstantial and perjured evidence; (4) improper instructions were given; and (5) there was an illegal search and seizure at the time of…