Sanders v. Commonwealth of KentuckyAnnotate this Case
Appellant appealed a denial of his petition for post-conviction relief pursuant to CR 60.02 when he was convicted of killing and robbing two victims. At issue was whether a special judge was unconstitutionally appointed to preside over his case and alternatively, appellant was not given proper notice of the appointment. Also at issue was whether the trial court erred in denying appellant's claim of ineffective assistance of direct appeal counsel and in denying his claim of ineffective assistance of counsel of RCr 11.42 counsel. Further at issue was whether there were reasons of an extraordinary nature to justify post-conviction relief under CR 60.02. The court held that the chief justice properly delegated his appointive authority as it related to the Senior Status Judge Program to a chief senior status judge and the chief senior status judge properly exercised his authority in appointing the senior status judge. Because the court fully considered the constitutional issue raised by appellant and he obtained the relief he requested under his lack of notice argument, the court did not reverse the judgment merely upon lack of notice. The court also held that the trial court properly denied appellant's claim based upon the ineffective assistance of direct appeal counsel where appellant was barred from prosecuting his claim under CR 60.02. The court also declined to revisit the issue of ineffective assistance of counsel of RCr 11.42 counsel in light of Hollon v. Commonwealth. The court further held that, upon the merits, appellant was not entitled to CR 60.02 relief on the remaining grounds of his motion where the CR 60.02 motion was an impermissible successive RCr 11.42 motion.