Preview:

RENDERED:  MAY 6, 2011; 10:00 A.M.
NOT TO BE PUBLISHED

Commonwealth of Kentucky
Court of Appeals

NO. 2010-CA-000826-MR
LEON HARRIS APPELLANT
APPEAL FROM BOYLE CIRCUIT COURT
v. HONORABLE DARREN W. PECKLER, JUDGE ACTION NO. 96-CR-00014
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION AFFIRMING ** ** ** ** ** BEFORE:  COMBS AND MOORE, JUDGES; ISAAC, 1 SENIOR JUDGE. COMBS, JUDGE: Leon Harris appeals from an order denying his motion for post-conviction relief pursuant to Kentucky Rule(s) of Civil Procedure (CR)
60.02. He contends that he was deprived of his statutory right to present mitigating evidence during the penalty phase of his capital murder trial.  After our review, we affirm.
1 Senior Judge Sheila R. Isaac sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580.
In 1996, a Boyle County jury found Harris guilty of capital murder.  He was

sentenced to life in prison.  On direct appeal, the Supreme Court of Kentucky affirmed his conviction.  Harris v. Commonwealth, 96-SC-1045-MR (rendered October 30, 1997).  
On April 7, 1998, Harris filed a motion to vacate, set aside, or correct his sentence pursuant to Kentucky Rule(s) of Criminal Procedure (RCr) 11.42, contending that he had been denied the effective assistance of trial counsel.  The trial court denied his motion for relief.  On review, we concluded that Harris had received effective assistance of counsel and affirmed the trial court

Download 2010-ca-000777.pdf

Kentucky Law