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WINSTEAD v. COM.

No. 2009-SC-000019-DG.

327 S.W.3d 479 (2010)

Richard WINSTEAD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

December 16, 2010.

Attorney(s) appearing for the Case

Joseph Brandon Pigg , Samuel N. Potter , Assistant Public Advocates, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General of Kentucky, Courtney J. Hightower , Stephen Bryant Humphress, Assistant Attorneys General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Chief Justice MINTON.

This appeal asks us to determine whether the Commonwealth may seek relief under Kentucky Rules of Civil Procedure (CR) 60.02 to correct a judicial error, which occurred in a final judgment that erroneously grants a defendant jail-time custody credit for pretrial confinement. Because CR 60.02 is not an appropriate mechanism to correct a judicial error and because the Commonwealth could have timely raised this error in a...

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