Thursday, October 11, 2007
Pike County Man Attempting to Get 2005 Rape Conviction Thrown out.
A Pike County man that was convicted in August of 2005 in the rape of a then 13 year-old girl is attempting for the final time to have his conviction thrown out and be granted a new trial.
Jeffrey Morningstar of Joe’s Creek was convicted on four counts of second degree. The crime occurred in June of 2002.
Ron Burchett, Assistant Pike County Commonwealth Attorney told us that Morningstar has filed two different motions.
The 45 year-old filed a 11.42. Morningstar is claiming that his defense attorney did an inadequate job of representing him. That motion will be handled by the Pike County Commonwealth Attorney’s Office. If Morningstar is successful then the trial Judge will conduct an hearing and listen to evidence. The judge then could throw out the conviction and order a new trial.
The second motion is called a habeas. In this motion Morningstar is claiming that his United States Constitutional Rights were violated. Morningstar is claiming that certain evidence was not admitted. This motion will be handled by the State Attorney General.
The Kentucky State Supreme Court upheld the conviction on Jan, 25th of this year.
Morningstar remains lodged in the North Point Training Center in Burgin, KY.
Jeffrey Morningstar of Joe’s Creek was convicted on four counts of second degree. The crime occurred in June of 2002.
Ron Burchett, Assistant Pike County Commonwealth Attorney told us that Morningstar has filed two different motions.
The 45 year-old filed a 11.42. Morningstar is claiming that his defense attorney did an inadequate job of representing him. That motion will be handled by the Pike County Commonwealth Attorney’s Office. If Morningstar is successful then the trial Judge will conduct an hearing and listen to evidence. The judge then could throw out the conviction and order a new trial.
The second motion is called a habeas. In this motion Morningstar is claiming that his United States Constitutional Rights were violated. Morningstar is claiming that certain evidence was not admitted. This motion will be handled by the State Attorney General.
The Kentucky State Supreme Court upheld the conviction on Jan, 25th of this year.
Morningstar remains lodged in the North Point Training Center in Burgin, KY.
# posted by Joe Kinzer @ 4:16 PM 
