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MARTIN v. COM.

No. 2004-SC-000130-DG.

207 S.W.3d 1 (2006)

Troy MARTIN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified May 23, 2006.

Rehearing Denied December 21, 2006.

Attorney(s) appearing for the Case

Richard Edwin Neal, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for Appellant.

Gregory D. Stumbo, Attorney General of Kentucky, Perry T. Ryan, Assistant Attorney General, Frankfort, for Appellee.

Opinion of the Court by Chief Justice LAMBERT.

This RCr 11.42 appeal asks whether a holding by this Court on direct appeal that a claimed error is not palpable error (RCr 10.26) necessarily precludes any possibility that a subsequent ineffective assistance of counsel claim may be successfully maintained based on the same claim of error. For the reasons hereinafter set forth, we hold that such a prior determination does not preclude relief for ineffective assistance...

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