Opinion
NO. 2018-CA-001449-MR
04-10-2020
THOMAS BURKE, JR. APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE
BRIEF FOR APPELLANT: Thomas Burke, Jr., pro se LaGrange, Kentucky BRIEF FOR APPELLEE: Andy Beshear Attorney General Gregory Fuchs Assistant Attorney General Frankfort, Kentucky
NOT TO BE PUBLISHED APPEAL FROM WARREN CIRCUIT COURT
HONORABLE JOHN R. GRISE, JUDGE
ACTION NO. 03-CR-00689-001 OPINION AND ORDER
DISMISSING
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BEFORE: CLAYTON, CHIEF JUDGE; DIXON AND GOODWINE, JUDGES. DIXON, JUDGE: Thomas Burke, Jr., pro se, appeals the order of the Warren Circuit Court denying his petition for writ of habeas corpus entered on September 28, 2018. After careful review of the record, briefs, and law, we dismiss the appeal as frivolous.
The facts of this underlying case have been appealed to our court on three occasions: Burke v. Commonwealth, No. 2007-CA-002150-MR, 2009 WL 1097930 (Ky. App. Apr. 24, 2009); Burke v. Commonwealth, No. 2011-CA-001247-MR, 2012 WL 3137239 (Ky. App. Aug. 3, 2012); and Burke v. Commonwealth, No. 2016-CA-001879-MR. By acting pro se, Burke is governed by different standards than litigants represented by attorneys. Beecham v. Commonwealth, 657 S.W.2d 234, 236 (Ky. 1983). However, we will not extend boundless leeway to him. Burke continues filing repetitive pleadings. The trial court properly denied Burke's petition for habeas corpus, as previously discussed by another panel of our court in Burke v. Commonwealth, No. 2016-CA-001879-MR, in its order which became final on April 6, 2017. Nothing has changed since that time. Burke still cannot demonstrate that he is entitled to a writ of habeas corpus, and habeas corpus relief is not available to him. M.M. v. Williams, 113 S.W.3d 82 (Ky. 2003).
For the foregoing reasons, we ORDER Appeal No. 2018-CA-001449-MR DISMISSED as frivolous.
ALL CONCUR. DATE: April 10, 2020
/s/ Donna Dixon
JUDGE, KENTUCKY COURT OF APPEALS BRIEF FOR APPELLANT: Thomas Burke, Jr., pro se
LaGrange, Kentucky BRIEF FOR APPELLEE: Andy Beshear
Attorney General Gregory Fuchs
Assistant Attorney General
Frankfort, Kentucky