PAROLE: SIMMONS V. COMMONWEALTH (COA 8/17/2007)

SIMMONS V. COMMONWEALTH
CRIMINAL:  Parole
2004-CA-002527
PUBLISHED: AFFIRMING
PANEL: NICKELL PRESIDING; COMBS, MOORE CONCUR
COUNTY: FRANKLIN
DATE RENDERED: 8/17/2007

CA affirmed order of the Franklin Circuit Court dismissing inmate’s petition for declaration of rights and permanent injunctive relief, and granting summary judgment to the Kentucky Parole Board. There has been no enhancement of punishment or elongation of Simmons’s sentence by the application of 501 KAR 1:030. Therefore, the retroactive application of this revised regulation does not create an unconstitutional ex post facto violation. Parole Board was within the bounds of its discretionary powers in denying parole to Simmons and ordering him to serve out the remainder of his sentence. The Parole Board did not exceed its authority nor did it invade the functions reserved for the judicial or legislative branches of government.

Digested by Scott C. Byrd – www.olginandbyrd.com

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