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Carrigan v. Commonwealth

Court of Appeals of Kentucky

September 13, 2013

Michael CARRIGAN, Appellant
v.
COMMONWEALTH of Kentucky, Appellee.

As Modified Sept. 27, 2013.

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[Copyrighted Material Omitted]

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Shannon Dupree, Assistant Public Advocate, Frankfort, KY, for Appellant.

Jack Conway, Attorney General of Kentucky, Todd D. Ferguson, Assistant Attorney General, Frankfort, KY, for Appellee.

Before CAPERTON, COMBS, and LAMBERT, Judges.

OPINION

COMBS, Judge:

Joseph Michael Carrigan appeals the judgment of the Barren Circuit Court which found him guilty of nineteen criminal offenses and sentenced him to a total of ten-years' incarceration. After our review, we vacate and remand.

On May 26, 2011, a grand jury indicted Carrigan of nineteen counts of various felonies and driving misdemeanors. Carrigan appeared in Barren District Court for arraignment on June 27, 2011. At that time, he told the court that he was trying to hire an attorney. Carrigan also stated to the court that he did not understand the first-degree robbery charge. The court advised him to consult with counsel. The Department of Public Advocacy (DPA) represented Carrigan at the arraignment. On July 11, 2011, Carrigan appeared in Barren Circuit Court. His counsel argued for bond reduction and then withdrew from representing Carrigan.

Two days later, Carrigan informed the court that he was confident that he would hire someone but he did not know exactly when he would have counsel. On August 1, 2011, the Commonwealth advised the court that it had extended plea offers to Carrigan and to his co-defendant. Carrigan was still not represented by counsel at this point. An attorney informed the court that he had been retained by Carrigan's father to merely review the case.

Two weeks later, that same attorney informed the court that he had declined to represent Carrigan. Carrigan then told

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the court that he intended to hire another attorney, and the court set a trial ...


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