Leonard v. Commonwealth

Opinion of the Court by

Justice NOBLE.

Appellant, Jeffrey Leonard, alias James Earl Slaughter, 1 appeals from a denial of his motion under CR 60.02 to be relieved from a 1995 order denying his RCr 11.42 collateral attack motion, several issues in which were held on appeal to be procedurally barred because related issues had been addressed in his direct appeal. He now argues he should be able to reopen the RCr 11.42 proceeding to apply this Court’s decision in Martin v. Commonwealth, 207 S.W.3d 1 (2006), which held that issues unsuccessfully appealed under the palpable error rule, RCr 10.26, can…