RENDERED: NOVEMBER 9, 2023; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2022-CA-0295-MR
BASS WEBB APPELLANT
APPEAL FROM MONTGOMERY CIRCUIT COURT
v. HONORABLE DAVID A. BARBER, JUDGE
ACTION NO. 10-CR-00062
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION
AFFIRMING
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BEFORE: ACREE, DIXON, AND JONES, JUDGES.
ACREE, JUDGE: Appellant, Bass Webb, appeals the Montgomery Circuit Court’s
Order denying his RCr1 11.42 motion. In denying this motion, the circuit court did
not conduct a hearing, which Webb believes to be error. We disagree and affirm.
1
Kentucky Rules of Criminal Procedure.
In late 2003, Sabrina Vaughn died. Years later, Jonathan French and
others admitted they assisted Webb – Vaughn’s then-paramour and French’s
cousin – in burying her body. In April 2017, a jury convicted Webb of murdering
Vaughn. See Webb v. Commonwealth, No. 2017-SC-000327-MR, 2018 WL
4628508, at *1 (Ky. Sep. 27, 2018). On direct appeal, the Kentucky Supreme
Court affirmed the conviction. Id.2
Three years later, on October 18, 2021, Webb filed a RCr 11.423
motion. It was just days before finality of his judgment of conviction that would
cut off his right to do so. RCr 11.42(10)(a). In that motion, Webb argued Jonathan
French – a key witness to the Commonwealth’s case against him – perjured
himself on the stand, and the Commonwealth failed to correct the perjured
testimony. The allegation of perjury centered on whether the Commonwealth had
given French a deal in exchange for his testimony against Webb.
Perjured testimony is not a basis for collaterally attacking a jury
verdict in an RCr 11.42 proceeding. Fields v. Commonwealth, 408 S.W.2d 638,
639 (Ky. 1966). In Fields, as here, “The main ground . . . sought [for] relief was
2
The Supreme Court summarizes the key facts of the murder and Webb’s conviction in Webb v.
Commonwealth, No. 2017-SC-000327-MR, 2018 WL 4628508, at *1-2 (Ky. Sep. 27, 2018).
3
Pursuant to RCr 11.42(1): “A prisoner in custody under sentence or a defendant on probation,
parole or conditional discharge who claims a right to be released on the ground that the sentence
is subject to collateral attack may at any time proceed directly by motion in the court that imposed
the sentence to vacate, set aside or correct it.”
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that he was convicted on perjured testimony. . . . The asserted ground is not one on
which relief is available under RCr 11.42.” Id. The rule pronounced in Fields was
reaffirmed in Hendrickson v. Commonwealth, 450 S.W.2d 234 (Ky. 1970). See
also Bell v. Commonwealth, 395 S.W.2d 784, 785 (Ky. 1965) (Even if a trial
witness “will now testify that he made a false statement . . . [this] is not a ground
for relief under RCr 11.42.”).
More recently, in the context of a charge of prosecutorial misconduct,
our highest court held, “False or perjured testimony is not a ground for relief under
RCr 11.42.” Stopher v. Commonwealth, No. 2005-SC-0371-MR, 2006 WL
3386641, at *5 (Ky. Nov. 22, 2006) (citing Hargrove v. Commonwealth, 396
S.W.2d 75 (Ky. 1965) and Fields v. Commonwealth, 408 S.W.2d 638 (Ky. 1966)).
Although unpublished, Stopher is the most recent, final word and thoughtful
opinion of the highest court of the Commonwealth on this point of law and should
stand with other reasoned precedent notwithstanding its nonpublished status.
Accordingly, we affirm.
ALL CONCUR.
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BRIEF FOR APPELLANT: BRIEF FOR APPELLEE:
David L. Stewart Daniel Cameron
La Grange, Kentucky Attorney General of Kentucky
Perry T. Ryan
Assistant Attorney General
Frankfort, Kentucky
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