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HALLUM v. COM.

Nos. 2009-SC-000762-DG, 2010-SC-000049-DG.

347 S.W.3d 55 (2011)

Michael Allen HALLUM, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Joe B. Jones, Appellant, v. Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified August 25, 2011.

Attorney(s) appearing for the Case

Brandon Neil Jewell , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellants.

Jack Conway , Attorney General of Kentucky, Jeffrey Allan Cross , Bryan Darwin Morrow , Criminal Appellate Division, Office of the Attorney General, Frankfort, KY, Counsel for Appellees.

Opinion of the Court by Justice SCOTT.

Today, in a consolidated appeal, we are confronted with one of the final cases concerning an inmate's pro se documents timely placed in the prison mail system, yet filed in the trial court after the deadline expired. We have resolved this inequitable paradigm prospectively by amending our rules to add the prison mailbox rule, RCr 12.04(5).1

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