Kentucky Supreme Court, 2006

The court affirmed the Court of Appeals’ decision upholding summary judgment for Rowan County and for the jailer and deputy jailer in their official capacities, but reversed its decision as to their individual capacities and reinstated summary judgment for them.

The court held that a prior determination on direct appeal that an unpreserved error was not palpable does not bar a later ineffective-assistance claim based on counsel’s failure to preserve that same error.