Warner v. Commonwealth
Court of Appeals of Kentucky
1Opinion of the Court
PALMORE, Judge.
Appellant, a prisoner in the state penitentiary at Eddyville, brought this RCr 11.42 proceeding to vacate his conviction after an earlier attempt to secure the same relief had proved unsuccessful. See Warner v. Commonwealth, Ky., 385 S.W.2d 77 (1964). He appeals from a judgment overruling the new motion.
Subsection (3) of RCr 11.42 was intended to protect the courts against the abuse and vexation of successive proceedings to vacate the same judgment, and obviously it applies in this instance.
The judgment is affirmed.
2Cases cited1 opinion
- Warner v. CommonwealthCourt of Appeals of Kentucky · 1964
3Cited by2 opinions
- Gray v. WingoCourt of Appeals of Kentucky (pre-1976) · 1968
- Jennings v. CommonwealthCourt of Appeals of Kentucky · 1966