VICTOR E. HIATT, APPELLANT v. HON. THOMAS L. CLARK, JUDGE FAYETTE CIRCUIT COURT, APPELLEE AND COMMONWEALTH OF KENTUCKY, REAL PARTY IN INTEREST, 194 S.W.3d 324

Summary

The inmate was convicted for wanton murder and tampering with physical evidence. The inmate received a life sentence and the conviction and sentence were affirmed on direct appeal. The inmate filed a motion under Ky. R. Crim. P. 11.42 alleging ineffective assistance of trial counsel. The inmate had been represented at trial by an attorney who worked for the county legal aid department. The inmate sought and was denied access to his entire file kept by the trial attorney, because the trial attorney claimed that portions of the file were "work product" and did not have to be revealed to the inmate. The inmate sought a writ of mandamus with the Kentucky Court of Appeals, which was denied. The court held initially that a writ of mandamus was the most appropriate form of remedy available to the inmate. The court further held that the inmate was entitled to the entire client file kept by the trial attorney, including work product materials. Work product protections were not meant to preclude...