Lairson v. Commonwealth

CULLEN, Commissioner.

Buddy Lairson appeals from an order of the Clark Circuit Court which overruled, without a hearing or appointment of counsel, his motion under RCr 11.42 to vacate a judgment by which he was given a life sentence as an habitual criminal.

The grounds of the motion were (1) that the indictment was defective because it did not state the section number of the habitual criminal statute, and (2) the trial court did not give notice to che Commissioner of Mental Health as required by KRS 203.340.

Neither of these grounds is such as would warrant relief under RCr 11.42. As to the…