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20 Kentucky opinions name it 2 courts 1991–2026 8 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Martin v. Commonwealthgreen2 sentences2025That is because “there are distinctions between palpable error under RCr 10.26 and the ‘prejudice’ requirement of Strickland.[5] This prevents 5 Strickland v. Washington, 466 U.S. 668 (1984). 34 a palpable error analysis from being dispositive of an ineffective assistance claim.” Martin v. Commonwealth, 207 S.W.3d 1 , 4–5 (Ky. 2006). 2023Garrett argues that the trial court erred because “a failure to prevail on a palpable error claim [on direct appeal] does not obviate a proper ineffective assistance claim.” Martin v. Commonwealth, 207 S.W.3d 1, 5 (Ky. 2006), as modified (May 23, 2006). | 5 | 8 |
Williams v. Commonwealthgreen2 sentences2022Stated another way, in Padilla v. Kentucky, 559 U.S. 356, 372 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), the United States Supreme Court stated that “to obtain relief [on an ineffective assistance claim] a petitioner must convince the court that a decision to reject the plea bargain would have been rational under the circumstances.” See also Williams v. Commonwealth, 336 S.W.3d 42 (Ky. 2011). 2012See also Williams v. Commonwealth, 336 S.W.3d 42, 48 (Ky.2011). | 2 | 3 |
David Stiger v. Commonwealth of Kentuckygreen2 sentences2026Stiger v. Commonwealth, 381 S.W.3d 230, 236 (Ky. 2012) (“[C]ounsel’s alleged failure to take the violent offender statute into account when giving advice about parole eligibility would constitute, if proven, deficient performance.”). 2015In other words, “to obtain relief [on an ineffective assistance claim] a petitioner must convince the court that a decision to reject the plea bargain would have been rational under the circumstances.” Stiger v. Commonwealth, 381 S.W.3d 230, 237 (Ky.2012) (quoting Padilla v. Kentucky, 559 U.S. 356, 372 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010)) (alteration in original). | 2 | 2 |
Strickland v. Washingtongreen2 sentences2025That is because “there are distinctions between palpable error under RCr 10.26 and the ‘prejudice’ requirement of Strickland.[5] This prevents 5 Strickland v. Washington, 466 U.S. 668 (1984). 34 a palpable error analysis from being dispositive of an ineffective assistance claim.” Martin v. Commonwealth, 207 S.W.3d 1 , 4–5 (Ky. 2006). 2018To succeed on an ineffective assistance claim, a defendant must show: (1) that counsel’s performance was deficient, and (2) “that the deficient performance prejudiced the defense.” Strickland v. Washington, 466 U.S. 668, 687 (1984). | 1 | 5 |
Morgan v. Illinoisgreen1 sentence2018Douglas argues that these are both structural errors. “[P]art of the guarantee of a defendant’s right to an impartial jury is an adequate voir dire to identify unqualified jurors.” Fields v. Commonwealth, 274 S.W.3d 375, 393 (Ky. 2008) (quoting Morgan v. Illinois, 504 U.S. 719, 729 (1992)) (overruled on other grounds by Childers v. Commonwealth, 332 S.W.3d 64 (Ky. 2010)). | 1 | 1 |
Fields v. Commonwealthgreen1 sentence2018Douglas argues that these are both structural errors. “[P]art of the guarantee of a defendant’s right to an impartial jury is an adequate voir dire to identify unqualified jurors.” Fields v. Commonwealth, 274 S.W.3d 375, 393 (Ky. 2008) (quoting Morgan v. Illinois, 504 U.S. 719, 729 (1992)) (overruled on other grounds by Childers v. Commonwealth, 332 S.W.3d 64 (Ky. 2010)). | 1 | 1 |
Simmons v. Commonwealthgreen1 sentence2017First, Miles must show trial-counsel’s performance was deficient Second, Miles _'must prove that tl'ie`deficiency by counsel prejudiced his defense.-5 Stricicland further elaborated that “[t]here isno reason for a court deciding an ineffective assistance claim to approach the inquiry in the same order or even to address both components of the inquiry if the defendant makes an insufficient showing ' 1 U. s. const amond. xI; U. s. const amond. xiv; Ky. const § 11. 2 Simmons v. Commonwealth., 191 S. W. 3d 557, 561 (Ky. 2006] (“A defendant is not guaranteed errorless counsel or counsel judged inef | 1 | 1 |
Sanborn v. Commonwealthred1 sentence2008Failure to anticipate correctly a future ruling of the court does not present an ineffective assistance claim.” Sanborn v. Commonwealth, 975 S.W.2d 905, 913 (Ky.1998). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Padilla v. Kentucky
green
2 sentences2022Stated another way, in Padilla v. Kentucky, 559 U.S. 356, 372 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), the United States Supreme Court stated that “to obtain relief [on an ineffective assistance claim] a petitioner must convince the court that a decision to reject the plea bargain would have been rational under the circumstances.” See also Williams v. Commonwealth, 336 S.W.3d 42 (Ky. 2011). 2022Stated another way, in Padilla v. Kentucky, 559 U.S. 356, 372 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), the United States Supreme Court stated that “to obtain relief [on an ineffective assistance claim] a petitioner must convince the court that a decision to reject the plea bargain would have been rational under the circumstances.” See also Williams v. Commonwealth, 336 S.W.3d 42 (Ky. 2011). | 4 | 2012–2022 |
Leonard v. Commonwealth
green
2 sentences2023Harris is correct that “a failure to prevail on a palpable error claim does not obviate a proper ineffective assistance claim.” Leonard, 279 S.W.3d at 158 (quoting Martin v. Commonwealth, 207 S.W.3d 1, 5 (Ky. 2006)). 2022And because it is not the same claim, the appellate resolution of an alleged direct error cannot serve as a procedural bar to a related claim of ineffective assistance of counsel.” Id. | 2 | 2022–2023 |
Wiggins v. Smith, Warden
green
2 sentences2020Wiggins v. Smith, 539 U.S. 510, 527 , 123 S.Ct. 2527, 2538 , 156 L.Ed.2d 471 (2003). 2020Wiggins v. Smith, 539 U.S. 510, 527 , 123 S.Ct. 2527, 2538 , 156 L.Ed.2d 471 (2003). | 1 | 2020–2020 |
Humphrey v. Commonwealth
green
1 sentence2019In Humphrey v. Commonwealth , [ 962 S.W.2d 870 (Ky. 1998),] ineffective assistance of counsel was raised on direct appeal to this Court. | 1 | 2019–2019 |
Childers v. Commonwealth
green
1 sentence2018Douglas argues that these are both structural errors. “[P]art of the guarantee of a defendant’s right to an impartial jury is an adequate voir dire to identify unqualified jurors.” Fields v. Commonwealth, 274 S.W.3d 375, 393 (Ky. 2008) (quoting Morgan v. Illinois, 504 U.S. 719, 729 (1992)) (overruled on other grounds by Childers v. Commonwealth, 332 S.W.3d 64 (Ky. 2010)). | 1 | 2018–2018 |
Commonwealth v. Tigue
green
1 sentence2018In Tigue, this Court held that “some circumstances are so inherently prejudicial that they give rise to a per se violation of the right to counsel without the need to prove actual prejudice.” 459 S.W.3d at 384 . | 1 | 2018–2018 |
Cuyler v. Sullivan
green
2 sentences1991Kentucky has adopted the Strickland test in McQueen v. Commonwealth, Ky., 721 S.W.2d 694 (1986) and limited the exception found in Cuyler v. Sullivan, 446 U.S. 335 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980) to situations of multiple representation. 1991Kentucky has adopted the Strickland test in McQueen v. Commonwealth, Ky., 721 S.W.2d 694 (1986) and limited the exception found in Cuyler v. Sullivan, 446 U.S. 335 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980) to situations of multiple representation. | 1 | 1991–1991 |
McQueen v. Commonwealth
green
1 sentence1991Kentucky has adopted the Strickland test in McQueen v. Commonwealth, Ky., 721 S.W.2d 694 (1986) and limited the exception found in Cuyler v. Sullivan, 446 U.S. 335 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980) to situations of multiple representation. | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.