Robert Carl Foley v. Commonwealth of Kentucky

Summary

The court affirmed the summary denial of Foley's post-conviction motion challenging his convictions and death sentences based on a firearms expert's report. It held that the report was not newly discovered evidence because it merely reinterpreted facts available at trial, and that its speculative, inference-upon-inference analysis was not sufficiently decisive to warrant a new trial. The court also held that the motion was untimely and successive and could not proceed under the alternative procedural rules invoked.