Defendants moved to vacate guilty pleas for drug possession after the officers involved were federally indicted for planting drugs on suspects. The trial court denied without a hearing because of the guilty pleas. The CoA reversed and ordered a hearing. Defendants made a sufficient showing of falsity of the officers’ reports. Wilson v. Commonwealth, 2023 Ky. App. Unpub. LEXIS 49 (Jan. 20, 2023)*:
Considering the record as a whole, we are simply unable to conclude that appellants’ claims of actual innocence were refuted upon the face of the record and believe the circuit court erred by summarily denying appellants’ Motion to Vacate under CR 60.02(f). Without an evidentiary hearing, appellants are effectively denied due process of law as well as their respective liberty. Thus, we vacate the circuit court’s September 2, 2020, orders denying these Motions to Vacate and remand for the circuit court to conduct evidentiary hearings upon each motion to vacate. To prevail upon their claims of actual innocence under CR 60.02(f), appellants must demonstrate that Constable Wallace and/or Constable Baldock, in fact, planted drugs and/or weapons that resulted in appellants’ guilty pleas to specific offenses for which they allege their innocence.