Wahl v. Simpson

DAVIS, Commissioner.

Dorris Wahl, presently imprisoned at Ed-dyville pursuant to judgment of the Henderson Circuit Court, seeks an order of mandamus requiring the judge of the Henderson Circuit Court to rule upon an RCr 11.42 motion to vacate the judgment of conviction. This original action is pursuant to. Ky.Constitution, Sec. 110.

The petitioner alleges that he filed the motion to vacate “nearly two months ago” (we assume this refers to two months prior to the filing of the present action, which was filed October 29, 1964.) The petitioner further asserts that the respondent circuit judge…