HOLLAND v. COM.


679 S.W.2d 832 (1984)

William Earl HOLLAND, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 23, 1984.


Attorney(s) appearing for the Case

C. Thomas Hectus, Appellate Public Advocate, Gittleman & Barber, Louisville, for appellant.

David L. Armstrong, Atty. Gen., George Geoghegan, Robert Hensley, Asst. Attys. Gen., Frankfort, for appellee.

Before CLAYTON, McDONALD and MILLER, JJ.


CLAYTON, Judge.

This is an appeal from an order denying Holland's motion to vacate judgment, pursuant to RCr 11.42.

Appellant's primary claim is that he was denied effective assistance of trial counsel due to counsel's failure to subpoena favorable alibi witnesses. We agree and, therefore, reverse.

On January 6, 1982, judgment of conviction was entered against Holland for first-degree robbery and for being a first-degree persistent felony offender...

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