McQueen v. Commonwealth

OPINION AND ORDER

This is an appeal from an order denying Appellant’s CR 60.02 motion for relief from the final sentence of death imposed by the Madison Circuit Court on April 8, 1981, and denying his motion for a stay of his execution now scheduled for July 1, 1997. In denying Appellant’s motions, Judge Adams found his CR 60.02 claim to be both untimely and meritless. We agree.

PURPOSE OP CIVIL RULE 60.02

The interrelationship between CR 60.02 and RCr 11.42 was carefully delineated in Gross v. Commonwealth, Ky., 648 S.W.2d 853 (1983). In a criminal case, these rules are not overlapping, but…