CRIMINAL: COM. V. GROVES (COA 11/22/2006)

COM. V. GROVES
CRIMINAL:  Pardons
2005-CA-002573
PUBLISHED: VACATING AND REMANDING (GUIDUGLI)
DATE RENDERED: 11/22/2006

This case arises from the Franklin Circuit Court’s sua sponte dismissal of a two-count misdemeanor indictment against Daniel Groves on the basis of the pardon issued by Governor Fletcher in Executive Order 2005-924.  Relying upon Fletcher v. Graham, 192 S.W.3d 350 (Ky. 2006), CA held that Section 77 permits the issuance of blanket pardons, as “[n]othing in the language of Section 77 infers that general pardons are prohibited, nor is there any indication that a governor may not pardon a class of persons.”   Next, formal acceptance of the pardon was not required in this case given the circumstances.  Finally, the circuit court did not have jurisdiction over this case. As the indictment contained only misdemeanor charges, the district court’s jurisdiction is exclusive.  Accordingly, the circuit court’s order is vacated as it was without jurisdiction to act.