Kentucky Supreme Court September 27, 2001, 1999-SC-0846-DG (Fraser v. Commonwealth)

KELLER, Justice, Concurring

in Part

and Dissenting in Part.

I agree with much of Section II of the majority opinion and would remand this matter for the trial court to appoint counsel for Appellant and to conduct an eviden-tiary hearing in Appellant’s underlying *459RCr 11.42 action.