Graham v. Commonwealth

OPINION

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed the orders of the Mason Circuit Court overruling the motion by Graham to vacate judgment pursuant to RCr 10.26, RCr 11.42, CR 60.02 and CR 60.03, without conducting an evidentiary hearing.

Graham argues that the circuit judge erred and misapplied Cole v. Commonwealth, Ky., 441 S.W.2d 160 (1969) and Howard v. Commonwealth, Ky., 777 S.W.2d 888 (1989); that the circuit judge erred when he denied a claim of ineffective assistance of counsel and finally, that Graham is entitled to reversal of his…