Terry W. Roach v. Commonwealth, 2011-SC-000141-DG, ___ S.W.3d ___ (Ky. 2012)Opinion by Justice Abramson. To be published. RCr 11.42: Time for post conviction counsel to file supplement to defendant’s pro se pleading. Roach pled guilty in June 2002. Supreme Court opinion affirming the conviction became final in January 2004. In March 2004, Roach filed a pro se RCr 11.42 motion. DPA was appointed in March. The Case was dormant until September 2008 when appointed counsel filed an amendment to Roach’s motion. The Supreme Court found the pro se pleading was timely but counsel amendments were outside the three year statute of limitations because they were not claims that arose from the same “conduct, transaction, or occurrence” that was set forth in the original pleading per CR 15.01. That is, a new ground for relief supported by facts different from than those in the original pleading cannot be asserted after the statute of limitations expires.
Contributed by Brandon Jewell