COMMONWEALTH OF KENTUCKY ) SS: IN THE BULLITT CIRCUIT COURT

COUNTY BULLITT )

COMMONWEALTH OF KENTUCKY )
)
PLAINTIFF ) NOTICE-MOTION-ORDER
)
vs. )
)
BARRY W. RAYNER )
) Case No. 18- CR-00041
DEFENDANTS ) DIVISION 1

NOTICE

Please take notice that the undersigned will, on Monday, October 01, 2018 at 10:00 a.m.,

or as soon thereafter as counsel may be heard, make the following motion and tender the Order

attached hereto.

MOTION TO REQUEST HYBRID REPRESENTATION

COMES NOW the Defendant Barry W. Rayner, pursuant to BCR 200.20 and respectfully

moves this Court for appointment of hybrid representation and in support states as follows:

1. On December 02, 2017, the Defendant (hereinafter Mr. Rayner), was arrested and

charged with Criminal Possession of Forged Instrument-1st Degree-I; Possession Controlled

Substance, 1st, Degree, 1st Offense (METHAMPHETAMINE); Possession of Marijuana, Drug

Paraphernalia - Buy/Possess, Convicted Felon in Possession of a Firearm.

2. Consequently, Mr. Rayner, mother step forward and contacted Lori Rakes and paid her

$2,500.00 to provide legal representation in the above captioned matter for Mr. Rayner, whom

is otherwise indigent.

3. Mr. Rayner now desires to exercise his right to request Hybrid representation which may
only be granted to a defendant who makes a timely and unequivocal request for such

representation. Moore v. Commonwealth, 634 S.W.2d 426, 430 (Ky.1982)

4. Mr. Rayner hereby makes an unequivocal and timely request to have hybrid

representation. A defendant must be given his/her constitutional right (1) to represent himself

pro se; (2) to be represented by counsel; or (3) to have hybrid representation. Deno v. Com., 177

S.W.3d 753, 758 (Ky. 2005) , citing Hill v. Commonwealth, 125 S.W.3d 221, 225-26(Ky. 2004)

5. Pursuant to Deno v. Com., 177 S.W.3d 753 (Ky. 2005) Mr. Rayner respectfully moves

the Court to grant a hearing under the provisions of Wake v. Barker, 514 S.W.2d 692 ([Ky.]

1974); and Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975); Hill,

125 S.W.3d at 226.), to determine whether the defendant desires to waive counsel and proceed

pro se or wishes to make a limited waiver of counsel, specifying in the latter instance the extent

of services he requires for the record.

6. WHEREFORE, based on the foregoing the Defendant prays this Court grant the

Defendant’s motion requesting Hybrid representation.

Respectfully Submitted,

_______________________
Barry W. Rayner
c/o
Bullitt County Detention Center
1671 Preston Hwy
Shepherdsville, KY 40165
 CERTIFICATE OF SERVICE

I hereby certify that a true and accurate copy of the foregoing was served via U.S. Mail

postage prepaid/hand delivered, this _____day of __________ , 2018, by mailing same to:

Shelly Alvey
Commonwealth Attorney
300 S. Buckman St. 2nd Floor
PO Box 337
Shepherdsville, KY 40165

CERTIFIED MAIL#:____________________________________

_________________________
Barry W. Rayner
c/o
Bullitt County Detention Center
1671 Preston Hwy
Shepherdsville, KY 40165
 BULLITTCOUNTY CIRCUIT COURT
CASE NO. 18- CR-00041
Division 1

COMMONWEALTH OF KENTUCKY PLAINTIFF

v.

BARRY W. RAYNER . DEFENDANT

ORDER

Motion having been made and the Court being sufficiently advised: IT IS HEREBY

ORDERED THAT DEFENDANT’S MOTION FOR HYBRID REPRESENTATION TO

IS hereby GRANTED

____________________________________
JUDGE BULLITT CIRCUIT COURT

DATE_______________________

TENDERED BY:

_______________________
Barry W. Rayner
c/o
Bullitt County Detention Center
1671 Preston Hwy
Shepherdsville, KY 40165