David Sanders v. Commonwealth of Kentucky

Issues include whether expansion of the federal cause and prejudice standard by the United States Supreme Court in cases of procedural default automatically applies in Kentucky given the Kentucky Supreme Court’s prior adoption of the federal cause and prejudice standard in Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005), and if so, whether expansion of the federal standard permits successive post-conviction ineffective assistance of trial counsel (IATC) claims under CR 60.02 if the movant can show that counsel in the initial RCr 11.42 proceeding was ineffective by failing to properly present the underlying IATC claim. Oral arguments heard on Aug. 13, 2026.