COM. v. YOUNG

No. 2005-SC-000556-DG.

212 S.W.3d 117 (2006)

COMMONWEALTH OF KENTUCKY, Appellant, v. Gerald YOUNG, Appellee.

Supreme Court of Kentucky.

Rehearing Denied February 22, 2007.


Attorney(s) appearing for the Case

Gregory D. Stumbo, Esq., Attorney General of Kentucky, Matthew B. Krygiel, Esq., Assistant Attorney General, Office of the Attorney General, Frankfort, Counsel for Appellant.

Milton C. Toby, Esq., Georgetown, Counsel for Appellee.


Opinion of the Court by Justice MINTON.

We accepted review of the Court of Appeals's decision that reversed the trial court's denial of post-conviction relief to Gerald Young. The issue we must decide is whether, in the context of a collateral attack on a judgment of conviction, prejudice to the defendant must be presumed from trial counsel's failure to object to the allocation of an inadequate number of peremptory challenges. The Court of Appeals answered this question...

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