COMMONWEALTH of Kentucky, ex rel. Attorney General Jack CONWAY, Appellant,
v.
LaDonna H. THOMPSON (in her Official Capacity as Commissioner of Kentucky Department of Corrections), Appellee. and
LaDonna H. Thompson (in her Official Capacity as Commissioner of Kentucky Department of Corrections), Appellant,
v.
Honorable David A. Tapp (Judge, Pulaski Circuit Court) and Commonwealth of Kentucky, ex rel. Commonwealth's Attorney Eddy F. Montgomery (Real Party in Interest), Appellees.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
November 25, 2009.
As Corrected January 4, 2010.
Attorney(s) appearing for the Case
Franklin Todd Lewis, Executive Director, Office of the Attorney General, Office of Special Prosecutions, Jeanne Deborah Anderson, Executive Director, James Hays Lawson, Janet Marie Graham, Lisa Kathleen Lang, Tad Thomas, Assistant Attorney Generals, Office of the Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellant/Appellee, Commonwealth of Kentucky, ex rel. Attorney General Jack Conway and Commonwealth of Kentucky, ex rel. Commonwealth's Attorney Eddy F. Montgomery (Real Party In Interest).
Joseph Todd Henning, Vickie L. Wise, General Counsel, Wesley Warden Duke, Justice and Public Safety Cabinet, Office of Legal Services, William Henry Fogle, Deputy Executive Director, Office of Legal Services, Frankfort, KY, Counsel for Appellee/Appellant, LaDonna H. Thompson (in her Official Capacity as Commissioner of Kentucky Department of Corrections).
Judge David Austin Tapp, Pulaski Circuit Court, Somerset, KY, for Appellee Honorable David Austin Tapp (Judge, Pulaski Circuit Court).
Eddy Frank Montgomery, Office of Commonwealth's Attorney, Somerset, KY, for Appellee Commonwealth's Attorney Eddy F. Montgomery (Real Party in Interest).
Supreme Court of Kentucky.
OPINION AND ORDER
I. INTRODUCTION.
In April 2009, the Pulaski Circuit Court granted a permanent injunction prohibiting the Department of Corrections (DOC) from releasing any prisoner from custody or parolee from supervision "as a result of any change caused or occasioned by the retroactive application of House Bill [HB] 406 [the 2008-10 biennial budget]." Four months later, the Franklin Circuit Court refused the Kentucky Attorney General...
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