Commonwealth v. Carneal (2008)

Commonwealth v. Carneal, 274 S.W.3d 420, 429 (Ky. 2008).

Rather, it exists simultaneously[.]” Commonwealth v. Carneal, 274 S.W.3d 420, 430 (Ky. 2008), cert. denied, 558 U.S. 906 (2009).

The sentence is the judgment.” Commonwealth v. Carneal, 274 S.W.3d 420, 427 (Ky. 2008) (quoting Burton v. Stewart, 549 U.S. 147, 156 (2007)).

“In the context of guilty pleas, the prejudice prong is satisfied when the defendant shows ‘that there -13- is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’” Commonwealth v. Carneal, 274 S.W.3d 420, 431 (Ky. 2008) (quoting Hill v. Lockhart, 474 U.S. 52, 59 , 106 S. Ct. 366, 370 , 88 L.

“A final or appealable judgment is a final order adjudicating all the rights of all the parties in an action or proceeding, or a judgment made final under Rule 54.02.” Commonwealth v. Carneal, 274 S.W.3d 420, 427 (Ky. 2008) 5 We are obligated to point out here that the writings of the trial court carry far more weight than any ruminations the trial court may voice in open court.

“Under the doctrine, the critical inquiry is ‘whether the circumstances preventing a petitioner from making a timely filing were both beyond the petitioner’s control and unavoidable despite due diligence.’” Lee v. Haney, 517 S.W.3d 500, 505 (Ky.App. 2017) (quoting Commonwealth v. Carneal, 274 S.W.3d 420, 429 (Ky. 2008)).

Commonwealth v. Carneal, 274 S.W.3d 420, 432 (Ky. 2008).

But as previously stated, the so-called age-eighteen “resentencing” is not really a sentencing, Commonwealth v. Carneal, 274 S.W.3d 420, 428 (Ky. 2008).

Notably, this Court has determined the statute of limitations shall be equitably tolled where “ ‘circumstances preventing a petitioner from making a timely filing [are] both beyond the petitioner’s control and unavoidable despite due diligence.’ ” Ferguson v. State, 382 S.C. 615, 618 , 677 S.E.2d 600 , 602 (2009) (quoting Commonwealth v. Carneal, 274 S.W.3d 420, 429 (Ky. 2008)) (holding that PCR applicant’s failure to timely file due to mental incompetency warranted equitabl…

Carneal, 274 S.W.3d at 428 (footnote omitted).

While we agree with Rufo that the taking of even a single life is reprehensible, we must acknowledge that such reprehensibility can be exacerbated by the manner in which that single life is taken, see Murtaugh v. Commonwealth, 579 S.W.2d 619, 620-22 (Ky.1979)(victim was strangled and dismembered by chain saw); or by the number of lives extinguished, see Commonwealth v. Carneal, 274 S.W.3d 420, 424 (Ky.2008)(student took guns to school, opened fire on classmates, killed three…

See Commonwealth v. Carneal, 274 S.W.3d 420, 432 (Ky. 2008).

See Commonwealth v. Carneal, 274 S.W.3d 420, 428 (Ky.2008).