Ayers v. Davis

CLAY, Commissioner.

Appellant petitioned for a writ of habeas corpus, principally on the ground that his constitutional rights were violated because his court-appointed counsel had an adverse interest in the proceeding and had failed to-effectively represent him in presenting his-defense.

The trial court dismissed the petition on the ground that it failed to state facts upon which relief could be granted.

The Commonwealth’s motion to dismiss was based on the ground that since-appellant had a remedy by motion under R. Cr 11.42, he was not entitled to a hearing on his habeas corpus petition. RCr…