Iles v. Commonwealth

HILL, Judge.

Appellant, Robert lies, appeals in forma pauperis from a judgment overruling without a hearing his motion to vacate judgment under RCr 11.42.

The motion to vacate charges appellant’s constitutional rights were violated when the trial court allowed the jury to separate during his trial which lasted three days, and because he was denied effective assistance of counsel. (He selected and paid his attorney.)

The record discloses the trial judge conferred with counsel for both plaintiff and defendant on the question of guarding the jury. It was waived as RCr 9.66 provides for. There is no…