Commonwealth of Kentucky v. Jasper Pollini

Summary

The Kentucky Supreme Court reversed the Court of Appeals and reinstated the trial court’s denial of Jasper Pollini’s RCr 11.42 motion, finding that his claim of ineffective assistance of appellate counsel was not waived but failed to show prejudice. The Court held that the trial judge’s ex parte communication violated RCr 9.74 but constituted harmless error, and that the applicable standard of review is procedural, so the current harmless‑error standard applies.