Shadrach Peeler v. Commonwealth of Kentucky

CourtCourt of Appeals of Kentucky
DecidedApril 3, 2026
Docket2024-CA-0698
StatusUnpublished

This text of Shadrach Peeler v. Commonwealth of Kentucky (Shadrach Peeler v. Commonwealth of Kentucky) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shadrach Peeler v. Commonwealth of Kentucky, (Ky. Ct. App. 2026).

Opinion

RENDERED: APRIL 3, 2026; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals NO. 2024-CA-0698-MR

SHADRACH PEELER APPELLANT

APPEAL FROM HARDIN CIRCUIT COURT v. HONORABLE LARRY ASHLOCK, JUDGE ACTION NO. 19-CR-00236

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION AFFIRMING

** ** ** ** **

BEFORE: THOMPSON, CHIEF JUDGE; ECKERLE AND TAYLOR, JUDGES.

TAYLOR, JUDGE: Shadrach Peeler, pro se, brings this appeal from a May 6,

2024, order of the Hardin Circuit Court denying his Kentucky Rules of Criminal

Procedure (RCr) 11.42 motion without an evidentiary hearing. We affirm.

BACKGROUND

On February 21, 2019, Peeler embarked on a killing spree. He shot

and killed his girlfriend, Cherie Turner. He initially shot Turner in the leg,

retreated home to reload the gun, and returned to shoot her to death. Peeler proceeded to a convenience store and shot to death Subash Gale, a convenience

store employee. Peeler also shot another convenience store’s employee, Prayash

Baniya, who as a result was paralyzed. Peeler then shot Nadia Brown, who was

sitting in her car at the convenience store.

The Hardin County Grand Jury indicted Peeler upon two counts of

murder, one count of first-degree assault, one count of second-degree assault, one

count of being a convicted felon in possession of a handguns, one count of

tampering with physical evidence, and one count of resisting arrest. The

Commonwealth filed notice of its intent to seek the death penalty.

Eventually, Peeler and the Commonwealth reached a plea agreement.

Thereunder, Peeler pleaded guilty to two counts of murder, first-degree assault,

second-degree assault, possession of a handgun by a convicted felon, tampering

with physical evidence, and resisting arrest. The Commonwealth recommended

life imprisonment without the possibility of parole upon each count of murder,

twenty-years’ imprisonment upon first-degree assault, ten-years’ imprisonment

upon second-degree assault, ten-years’ imprisonment upon possession of a

handgun by a convicted felon, and twelve-months’ imprisonment upon resisting

arrest, to be served concurrently for a total sentence of life imprisonment without

the possibility of parole. The circuit court accepted Peeler’s plea of guilty, and on

-2- April 27, 2021, the circuit court sentenced Peeler to a total sentence of life

imprisonment without the possibility of parole.

On January 22, 2024, Peeler filed an RCr 11.42 motion to vacate his

sentence of imprisonment. Peeler alleged trial counsel was ineffective for

recommending that he accept the plea agreement with the Commonwealth. In

support thereof, Peeler argued that trial counsel failed to inform him of possible

defenses at trial, i.e., intoxication, imperfect self-protection, and extreme emotional

disturbance. Peeler claimed that if he had known of these defenses, he would have

not entered the guilty plea but would have insisted upon a jury trial. By order

entered May 6, 2024, the circuit court denied Peeler’s RCr 11.42 motion without

an evidentiary hearing. This appeal follows.

STANDARD OF REVIEW

The Kentucky Supreme Court has set forth the following standards for

our review of ineffective assistance of counsel claims:

We evaluate ineffective assistance of counsel claims under the standard set forth in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), adopted by this Court in Gall v. Commonwealth, 702 S.W.2d 37 (Ky. 1985). Under the Strickland framework, an appellant must first show that counsel’s performance was deficient. Strickland, 466 U.S. at 687, 104 S. Ct. 2052. A “deficient performance” contains errors “so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” Id. Second, the appellant must show that counsel’s deficient performance prejudiced his defense at trial. Id. “This

-3- requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.” Id. An appellant must satisfy both elements of the Strickland test in order to merit relief. Id.

When faced with an ineffective assistance of counsel claim in an RCr 11.42 appeal, a reviewing court first presumes that counsel’s performance was reasonable. Commonwealth v. Bussell, 226 S.W.3d 96, 103 (Ky. 2007) (quoting Haight v. Commonwealth, 41 S.W.3d 436, 442 (Ky. 2001) overruled on other grounds by Leonard v. Commonwealth, 279 S.W.3d 151 (Ky. 2009)). We must analyze counsel’s overall performance and the totality of circumstances therein in order to determine if the challenged conduct can overcome the strong presumption that counsel’s performance was reasonable. Haight, 41 S.W.3d at 441-42. In addition, the trial court’s factual findings and determinations of witness credibility are granted deference by the reviewing court. Id. Finally, we apply the de novo standard when reviewing counsel’s performance under Strickland. Bussell, 226 S.W.3d at 100.

Commonwealth v. McGorman, 489 S.W.3d 731, 736 (Ky. 2016).

Where, as here, a trial court does not hold an evidentiary hearing on

an RCr 11.42 motion, “appellate review is limited to ‘whether the motion on its

face states grounds that are not conclusively refuted by the record and which, if

true, would invalidate the conviction.’” Haley v. Commonwealth, 586 S.W.3d 744,

750 (Ky. App. 2019) (quoting Lewis v. Commonwealth, 411 S.W.2d 321, 322 (Ky.

1967)). “A hearing is required if there is a material issue of fact that cannot be

conclusively resolved, i.e., conclusively proved or disproved, by an examination of

the record.” Fraser v. Commonwealth, 59 S.W.3d 448, 452 (Ky. 2001) (citing

-4- Stanford v. Commonwealth, 854 S.W.2d 742, 743-44 (Ky. 1993)), cert. denied,

510 U.S. 1049 (1994); Lewis, 411 S.W.2d at 322; see also RCr 11.42(5).

Peeler contends the circuit court erred by denying his RCr 11.42

motion. Peeler alleges that at the time of the shooting, he was intoxicated and

suffered from mental illness. Peeler asserts that he and Turner were arguing

because he believed Turner and a store employee were planning to kill Peeler.

Peeler claims trial counsel failed to inform him of the possible defenses of

intoxication, imperfect self-protection, and extreme emotional disturbance. Peeler

maintains that Dr. Eric Drogin, an expert retained by the defense, “had made a

beneficial diagnosis to his defense that would have reduced his criminal

responsibility and charges and sentence[.]” Peeler’s Brief at 3. Peeler asserts that

trial counsel withheld from him Dr. Drogin’s favorable opinions, so Peeler

contends that he was unaware of the favorable opinion of Dr. Drogin at the time he

accepted the Commonwealth’s plea agreement.

A defendant bears the burden of proving ineffective assistance of trial

counsel.

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Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Hill v. Lockhart
474 U.S. 52 (Supreme Court, 1985)
Fraser v. Commonwealth
59 S.W.3d 448 (Kentucky Supreme Court, 2001)
Lewis v. Commonwealth
411 S.W.2d 321 (Court of Appeals of Kentucky (pre-1976), 1967)
Vaughn v. Commonwealth
258 S.W.3d 435 (Court of Appeals of Kentucky, 2008)
Stanford v. Commonwealth
854 S.W.2d 742 (Kentucky Supreme Court, 1993)
Gall v. Commonwealth
702 S.W.2d 37 (Kentucky Supreme Court, 1985)
Commonwealth v. Elza
284 S.W.3d 118 (Kentucky Supreme Court, 2009)
Bronk v. Commonwealth
58 S.W.3d 482 (Kentucky Supreme Court, 2001)
Commonwealth v. Bussell
226 S.W.3d 96 (Kentucky Supreme Court, 2007)
Leonard v. Commonwealth
279 S.W.3d 151 (Kentucky Supreme Court, 2009)
Haight v. Commonwealth
41 S.W.3d 436 (Kentucky Supreme Court, 2001)
Roach v. Commonwealth
384 S.W.3d 131 (Kentucky Supreme Court, 2012)
Commonwealth v. McGorman
489 S.W.3d 731 (Kentucky Supreme Court, 2016)

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