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McKINNEY v. COMMONWEALTH

No. 2009-CA-001166-MR.

CALVIN ANDREW McKINNEY, APPELLANT, v. COMMONWEALTH OF KENTUCKY, APPELLEE.

Court of Appeals of Kentucky.

January 7, 2011.

Attorney(s) appearing for the Case

Suzanne A. Hopf , Assistant Public Advocate Department of Public Advocacy, Frankfort, Kentucky, BRIEFS FOR APPELLANT.

Jack Conway , Attorney General of Kentucky, M. Brandon Roberts , Assistant Attorney General, Frankfort, Kentucky BRIEF FOR APPELLEE.

BEFORE: CLAYTON, DIXON, AND WINE, JUDGES.

Not to be Published

OPINION

CLAYTON, JUDGE.

Calvin Andrew McKinney appeals from an order of the Warren Circuit Court denying his motion for relief pursuant to Kentucky Rules of Civil Procedure (CR) 60.02 and Kentucky Rules of Criminal Procedure (RCr) 11.42. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On August 31, 1985, Estelle Dixon, an 86-year-old widow, was found by her son lying on her kitchen floor, unresponsive. She had...

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