Donald B. Bartley v. Commonwealth of Kentucky

The Commonwealth of Kentucky has appealed from an Order of a District Court granting a writ of habeas corpus unless a retrial is granted to petitioner on his conviction and life sentence for murdering his nine-year-old son on March 16, 1966. Petitioner did not appeal from the judgment of conviction.

The sole issue raised on appeal is that the trial court did not advise petitioner of his right to appeal in forma pawperis. At his trial, petitioner was represented by retained counsel. No application for leave to appeal in forma pauperis was ever made in the Pike County Circuit Court where he was…