Dupin v. Commonwealth

CLAY, Commissioner.

Following our opinion in Schroader v. Thomas, Ky., 387 S.W.2d 312, a hearing was held on appellants’ motions to vacate the judgments under RCr 11.42. The trial court denied the motions. As it turns out, there was nothing in them that required an evidentiary hearing.

The principal ground which appellants assert as a denial of a constitutional right was the lack of counsel to represent them at the examining trial. Without a showing of prejudice, this is not a ground for relief under RCr 11.42. Carson v. Commonwealth, Ky., 382 S.W.2d 85; Yates v. Commonwealth, Ky., 386 S.W.2d…