HEMPHILL

v.

LYLES, WARDEN, ET AL.

Citator

Cited By

• Parke v. Raley, 506 U.S. 20 (U.S. 1992)
  …w that respondent’s guilty pleas were knowing and voluntary. The trial court held a hearing according to procedures set forth in Commonwealth v. Gadd, 665 S. W. 2d 915 (Ky. 1984), and Dunn v. Commonwealth, 703 S. W. 2d 874 (Ky. 1985), cert. denied, 479 U. S. 832 (1986). In Gadd, the Supreme Court of Kentucky observed that the persistent felony offender statute requires that the prosecution prove only the fact of a previous conviction beyond a reasonable doubt; the Commonwealth need not also show that the…

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• Dunn v. Simmons, 877 F.2d 1275 (6th Cir. 1989)
  …e Commonwealth to prove that the underlying judgments were entered in a manner which did, in fact, [*1278] protect the rights of the defendant. A silent record simply will not suffice. Dunn v. Kentucky, 703 S.W. 2d 874, 876 (Ky.1985), cert. denied, 479 U.S. 832, 107 S.Ct. 121, 93 L.Ed.2d 67 (1986). Manifestly, this methodology results in a standard different from federal standards for proving a valid waiver of federal constitutional rights. Dunn permits the state to carry its burden by utilizing a bare re…

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• Raley v. Parke, 945 F.2d 137 (6th Cir. 1991)
  …g the basis for his PFO I conviction. The state trial court held a hearing on Raley’s contention before accepting the conditional plea. The hearing followed the procedure established by Dunn v. Commonwealth, 703 S.W. 2d 874 (Ky.1985), cert. denied, 479 U.S. 832, 107 S.Ct. 121, 93 L.Ed.2d 67 (1986), in cases involving challenges to the validity of earlier guilty pleas where there was no record of the earlier plea proceedings. That procedure involves a shifting burden of proof. First, the Commonwealth must e…