Kentucky Supreme Court

Commonwealth of Kentucky v. Calvin Andrew McKinney

February 20, 2025

Summary

The court held that the later interpretation barring life-plus-years sentences announced a new rule because it directly contradicted the precedent governing the sentence when imposed. That rule therefore does not apply retroactively in a collateral attack, even though the statutory language had remained unchanged. The court reversed the Court of Appeals and reinstated the circuit court's judgment and sentence.