Brown v. Commonwealth

KEVIN HABLE, Special Justice.

Appellant, James Brown, appeals the denial by the Mason Circuit Court of his motion made pursuant to CR 60.02(f) to set aside his conviction. The Court of Appeals affirmed the denial of Appellant’s motion. For the reasons set forth below, we affirm the order of the trial court and the Court of Appeals.

Appellant and his brother, Mark Brown, in separate trials, were convicted in 1976 of the murder of Bryant Dudley and each conviction was appealed. This Court affirmed the conviction of Mark Brown in Brown v. Commonwealth, Ky., 555 S.W.2d 252 (1977). Although this…