Carter v. Commonwealth

CULLEN, Commissioner.

Arnold Carter sought by RCr 11.42 motion to vacate a January 1969 judgment of conviction of storehouse breaking under which he is serving a five-year sentence. The motion was overruled without a hearing and Carter has appealed.

The primary ground set forth in the motion was denial of effective assistance of counsel. The allegations were that counsel was appointed for Carter about one month before trial but from the time of appointment until the day of trial counsel did not once visit or consult with Carter; that counsel did not confer with Carter in regard to any possible…