WALTERS v. SMITH


599 S.W.2d 164 (1980)

Roy WALTERS, Movant, v. Steve SMITH, Superintendent, Respondent.

Supreme Court of Kentucky.

April 22, 1980.


Attorney(s) appearing for the Case

Jack E. Farley, Public Advocate, Donna B. Proctor, Asst. Public Advocate, Frankfort, for movant.

Robert F. Stephens, Atty. Gen., Reid C. James, Asst. Atty. Gen., Frankfort, for respondent.


LUKOWSKY, Justice.

The question presented is whether the release of a habeas corpus petitioner moots his case. The Court of Appeals answered yes. We reverse and remand with directions that the appeal from the dismissal of the habeas corpus petition be determined on its merits.

The relevant facts are simple. Walters, pro se, petitioned the circuit court from a writ of habeas corpus, which was denied. Walters then filed his notice of appeal from the judgment...

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