Clay v. Commonwealth

WADDILL, Commissioner.

In this RCr 11.42 post-conviction action Herbert Clay seeks to have his murder conviction vacated because of the prosecution’s failure to timely disclose evidence which he contends would have supported his defense. The fatal shooting occurred on a Saturday night across the street from a place referred to as “The Club” and was witnessed by a woman who lived upstairs in a building adjoining “The Club.” The victim, Nick Hatmaker, who had drunk considerable whisky, was asleep on the front seat of Clay’s automobile when Clay came for it. It was Clay’s contention that the gun…