McQueen v. Commonwealth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that CR 60.02 is not a -5- separate avenue of appeal in addition to other remedies but is available only to raise issues which cannot be raised in other proceedings
• acknowledging CR 60.02 relief remains available for extraordinary claims not otherwise subject to review
• “The obvious purpose of this -5- principle is to prevent the relitigation of issues which either were or could have been litigated in a similar proceeding.”
• “even if these facts [of rehabilitation] were proven, they would afford no basis for relieving Appellant from the punishment legally imposed for the crimes which he has committed”
• “CR 60.02 is not a separate avenue of appeal to be pursued in addition to other remedies, but is available only to raise issues which cannot be raised in other -8- proceedings.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

• Foley v. Commonwealth
  Kentucky Supreme Court· 2014-03-20· cited 169×
• Bowling v. Commonwealth
  Kentucky Supreme Court· 2005-04-22· cited 107×
• Barnett v. Commonwealth
  Kentucky Supreme Court· 1998-10-15· cited 85×
• White v. Commonwealth
  Court of Appeals of Kentucky· 2000-04-28· cited 69×
• Stoker v. Commonwealth
  Court of Appeals of Kentucky· 2009-03-27· cited 44×
• Baze v. Commonwealth
  Kentucky Supreme Court· 2008-11-26· cited 41×
• Owens v. Commonwealth
  Court of Appeals of Kentucky· 2017-01-27· cited 41×
• McQueen v. Commonwealth
  Kentucky Supreme Court· 1997-06-30· cited 32×
• Land v. Commonwealth
  Kentucky Supreme Court· 1999-02-18· cited 20×
• Sanders v. Commonwealth
  Kentucky Supreme Court· 2002-06-13· cited 18×
• Faris v. Stone
  Kentucky Supreme Court· 2003-06-11· cited 13×
• Goldsmith v. Fifth Third Bank
  Court of Appeals of Kentucky· 2009-10-30· cited 12×
• Kentucky Retirement Systems v. Foster
  Court of Appeals of Kentucky· 2010-07-23· cited 10×
• Mauldin v. Bearden
  Kentucky Supreme Court· 2009-08-27· cited 8×
• Wilson v. Webb
  Sixth Circuit· 2004-08-13· cited 3×
• Campbell v. Commonwealth
  Court of Appeals of Kentucky· 2009-10-30· cited 2×
• Stanfill v. Commonwealth
  Court of Appeals of Kentucky· 2016-06-24· cited 1×
• Chatman v. Commonwealth
  Court of Appeals of Kentucky· 2018-11-30· cited 1×
• Jt Higgins v. Commonwealth of Kentucky
  Court of Appeals of Kentucky· 2025-07-18
• Barry A. Saturday v. Tyler Murphy, in His Official Capacity as Chair of the Fayette County Board of Education
  Court of Appeals of Kentucky· 2025-08-29

Cites

9 cases in this archive are cited by this case.

• Brady v. Maryland
  Supreme Court· 1963-05-13· cited 33,902×
• Harold McQueen Jr. v. Gene Scroggy, Warden
  Sixth Circuit· 1996-12-30· cited 316×
• Gross v. Commonwealth
  Kentucky Supreme Court· 1983-03-30· cited 274×
• McQueen v. Commonwealth
  Kentucky Supreme Court· 1984-02-16· cited 112×
• McQueen v. Commonwealth
  Kentucky Supreme Court· 1986-09-25· cited 64×
• Jacobs v. Commonwealth
  Kentucky Supreme Court· 1994-01-31· cited 61×
• State v. Richmond
  Arizona Supreme Court· 1994-12-15· cited 28×
• Polsgrove v. Commonwealth
  Court of Appeals of Kentucky (pre-1976)· 1969-05-02· cited 12×
• Fryrear v. Parker
  Kentucky Supreme Court· 1996-01-18· cited 7×