Foley v. Commonwealth

Opinion of the Court by

Justice VENTERS.

Robert Carl Foley appeals from an order of the Laurel Circuit Court summarily denying his motion for post-conviction relief pursuant to CR 60.02(b), CR 60.02(f), CR 60.03, and RCr 10.02. Appellant’s motion challenges his two 1993 murder convictions, each of which resulted in the imposition of the death penalty.

As grounds for relief Appellant contends that the trial court erred by concluding that he was not entitled to a new trial based upon “newly discovered evidence.” Among that evidence is the report and findings of a forensic firearms expert who…