Martin v. Commonwealth

Opinion of the Court by

Chief Justice LAMBERT.

This RCr 11.42 appeal asks whether a holding by this Court on direct appeal that a claimed error is not palpable error (RCr 10.26) necessarily precludes any possibility that a subsequent ineffective assistance of counsel claim may be successfully maintained based on the same claim of error. For the reasons hereinafter set forth, we hold that such a prior determination does not preclude relief for ineffective assistance of counsel, as the dispositive inquiries differ.

Appellant, Troy Martin, was convicted upon a jury verdict of first-degree burglary.…