RCr 11.42 – Post-Conviction Relief in Kentucky...

Understanding RCr 11.42 – Post-Conviction Relief

RCr 11.42 is Kentucky’s primary vehicle for post-conviction relief — a collateral attack on a conviction after direct appeals have been exhausted. This rule allows defendants to challenge their convictions based on constitutional violations, most commonly ineffective assistance of counsel, that were not or could not have been raised on direct appeal.

What the Rule Covers

An RCr 11.42 motion allows a prisoner to challenge a conviction on the grounds that the sentence was imposed in violation of the Constitution, the court was without jurisdiction, the sentence exceeded the maximum authorized by law, or the conviction is otherwise subject to collateral attack. The most common ground is ineffective assistance of counsel under the Sixth Amendment.

Ineffective Assistance of Counsel

To prevail on an ineffective assistance claim, the defendant must show that counsel’s performance was deficient — falling below an objective standard of reasonableness, and that the deficient performance prejudiced the defense — there is a reasonable probability the result would have been different. This is the Strickland v. Washington standard adopted by Kentucky courts.

Filing Requirements

The motion must be filed within three years of the final judgment (including completion of direct appeal). It must be filed in the court that entered the judgment. The motion must state all grounds for relief — failure to raise a ground in the initial motion waives it. The court may dismiss the motion without a hearing if the record conclusively shows the defendant is not entitled to relief.

What Defendants Need to Know

An RCr 11.42 motion is not a second appeal — it raises issues that could not have been raised on direct appeal. The three-year deadline is strictly enforced. You have the right to counsel in these proceedings if you are still incarcerated. Success on an 11.42 motion typically results in a new trial or, in plea cases, the opportunity to withdraw the plea.

How Clark + Harris Can Help

Clark + Harris handles post-conviction relief matters in Lexington and Louisville. Call 859-474-0001.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

RCr 11.42 – Post-Conviction Relief in Kentucky (Collateral Attack)