Legal Opinion

Commonwealth v. Young

Kentucky Supreme Court

Decided November 22, 2006No. 2005-SC-000556-DGPublishedCited by 2 opinions

1Opinion of the Court

Opinion of the Court by

Justice MINTON.

We accepted review of the Court of Appeals’s decision that reversed the trial court’s denial of post-conviction relief to Gerald Young. The issue we must decide is whether, in the context of a collateral attack on a judgment of conviction, prejudice to the defendant must be presumed from trial counsel’s failure to object to the allocation of an inadequate number of peremptory challenges. The Court of Appeals answered this question affirmatively. We disagree and, thus, reverse.

I. FACTS AND PROCEDURAL HISTORY.

The jury convicted Young of murder by…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Lockhart v. FretwellSupreme Court of the United States · 1993
  3. Springer v. CommonwealthKentucky Supreme Court · 1999
  4. Gall v. CommonwealthKentucky Supreme Court · 1985
  5. Young v. CommonwealthKentucky Supreme Court · 2001

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3Cited by2 opinions

  1. People v. VieyraColorado Court of Appeals · 2007
  2. Commonwealth v. LawsonKentucky Supreme Court · 2014

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