Knuckles v. Commonwealth

OPINION

ACREE, Chief Judge.

Alvin Knuckles appeals from the Rock-castle Circuit Court’s denial of his Kentucky Rule of Criminal Procedure (RCr) 11.42 motion to vacate his criminal convictions and the accompanying motions for an evidentiary hearing and appointment of counsel. We conclude an evidentiary hearing was necessary; we vacate the order in part and remand the matter for further proceedings. Because Knuckles’ collateral attack cannot succeed on the basis of a trial error, we affirm a portion of the order.

I. Background

Following a jury trial, Knuckles was convicted on two counts of…