Troy Martin, Appellant v. Commonwealth of Kentucky, Appellee

Summary

The court held that a prior determination on direct appeal that an unpreserved error was not palpable error does not bar a later ineffective-assistance claim based on counsel's failure to preserve the same issue. The court distinguished the narrower palpable-error inquiry from the broader ineffective-assistance inquiry, which considers both the error and counsel's reasons for failing to object. Justice WINTERSHEIMER, concurring in the result, agreed that Martin could pursue collateral relief but rejected the majority's additional formulation of the palpable-error standard.