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Marshall v. Commonwealth6/3/2005 s merely speculative assertions. Where the movant's allegations are refuted on the face of the record as a whole, no evidentiary hearing or appointment of counsel is required. Hopewell v. Commonwealth, 687 S.W.2d 153, 154 (Ky.App. 1985). For the foregoing reasons, we affirm the order of the McCracken Circuit Court denying the RCr 11.42 motion without a hearing or the appointment of counsel.
ALL CONCUR.
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