In forma pauperis and KRS 454.410(2) fee waiver: EDWARDS V. VAN ROSTYNE (COA 1/18/2008)

EDWARDS V. VAN ROSTYNE
CRIMINAL LAW:  In forma pauperis and KRS 454.410(2) fee waiver
2006-CA-002023
PUBLISHED: AFFIRMING IN PART, REMANDING
PANEL: ACREE PRESIDING; TALOR CONCURS; COMBS DISSENTS AND FILES SEP. OPINION
COUNTY: JEFFERSON
DATE RENDERED: 01/18/2008

CA affirmed in part and reversed in part Jefferson Circuit Court’s dismissal of inmate’s civil action “against everyone who is involved, even remotely, in the prosecution of a pending indictment against him.” Because the Jefferson Circuit Court only applied Kentucky Revised Statute (KRS) 453.190 to Edwards’ application to proceed in forma pauperis, without consideration of KRS 454.410, CA remanded to the circuit court to proceed under that statute. The dismissal is affirmed but the case is remanded to the Jefferson Circuit Court for the sole purpose of determining under KRS 454.410 the proper fees and costs to be paid by Edwards, as well as the time frame in which he will be allowed to pay those fees and costs.

Scott C. Byrd
Olgin and Byrd

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