Toppass v. Commonwealth

OPINION

HUDDLESTON, Judge.

In 1996, John Wesley Toppass was charged in an indictment with the murder of Betty Cunningham. By agreement with the Commonwealth, he entered an Alford1 plea to a reduced charge of manslaughter in the first degree2 and was sentenced to thirteen years’ imprisonment.

On April 4, 2001, Toppass filed a Kentucky Rules of Civil Procedure (CR) 60.023 motion contending that since his indictment did not contain the language “A TRUE BILL,” the indictment .charging him with murder was defective and his conviction should be vacated. The circuit court denied his motion, and this…