William Harry Meece v. Commonwealth of Kentucky

Summary

The Kentucky Supreme Court affirmed the denial of William Harry Meece’s motion for relief under Kentucky Rule of Civil Procedure 60.02. Meece argued that witnesses gave perjured testimony and that the prosecutor committed fraud upon the court in connection with plea-agreement terms. The court held that the claims were either previously litigated or available through other proceedings, lacked sufficient proof of perjury or fraud, and would not have changed the trial result.

Holdings

1. CR 60.02 is an extraordinary remedy available only for issues that could not have been raised through direct appeal or RCr 11.42; it is not an additional avenue for reexamining previously litigated or otherwise available claims.
2. A defendant seeking CR 60.02 relief based on perjured testimony must show with reasonable certainty both that the testimony was materially false and that the conviction probably would not have resulted had the truth been known.
3. Fraud warranting CR 60.02 relief must be extrinsic fraud or fraud upon the court involving egregious conduct that subverts the integrity of the judicial process; fraud between the parties alone is insufficient.
4. CR 60.03 does not provide equitable relief where an adequate remedy was available in the original proceedings or where the asserted grounds were already denied under CR 60.02.
5. CR 8.04 did not require the court to deem Meece's allegations admitted because the Commonwealth responded to the motion and expressly disputed the perjury and fraud claims.

Questions Presented

1. Whether Meece was entitled to CR 60.02 relief based on alleged perjured testimony by prosecution witnesses.
2. Whether Meece was entitled to CR 60.02 relief based on alleged fraud upon the court by the prosecutor concerning plea agreements and related testimony.
3. Whether Meece was entitled to independent equitable relief under CR 60.03.
4. Whether uncontroverted allegations in Meece's CR 60.02 motion had to be deemed admitted under CR 8.04.

Disposition

affirmed