MARTIN v. CHANDLER

No. 2001-SC-0473-DG.

122 S.W.3d 540 (2003)

Shirley MARTIN, Appellant, v. Larry CHANDLER, Warden, Luther Luckett Correctional Complex, Appellee.

Supreme Court of Kentucky.

December 18, 2003.


Attorney(s) appearing for the Case

John Palombi, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Counsel for Appellant.

Brenn Oliver Combs, Department of Corrections, Office of General Counsel, Stephen P. Durham, Department of Corrections, Office of General Counsel, Frankfort, Counsel for Appellee.


KELLER, Justice.

I. ISSUE

In 1995, Appellant was convicted of Incest and was sentenced to a ten (10) year term of imprisonment. Because Appellant was eligible to receive additional "good time credit" against this sentence under KRS 197.045(1) & (3), the Kentucky Department of Corrections ("KDOC") calculated Appellant's minimum expiration date as March 19, 2001. However, a 1994 indictment that charged Appellant with additional sexual offenses remained...

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