Kentucky Supreme Court

Jeffrey Leonard, Appellant v. Commonwealth of Kentucky, Appellee

January 22, 20092009 Ky. LEXIS 19

Summary

The Court affirmed denial of Jeffrey Leonard’s motion to reopen his completed collateral attack. It held that the rule permitting a later ineffective-assistance claim based on an alleged palpable error addressed on direct appeal was a new procedural rule and could not be applied retroactively to a collateral proceeding that had already become final. The Court also held that its jurisdiction was retained because the appeal properly began in the Supreme Court while Leonard was under a death sentence.