A Family’s Guide to Fighting a Kentucky Criminal Conviction When someone you love is convicted of a crime in Kentucky, the impact reverberates through the entire family. The fear, the uncertainty, the sense of helplessness — these feelings are overwhelming. But here is what you need to know: you are not helpless. There are concrete … Read more
Fighting Wrongful Conviction in Kentucky: A Path to Freedom A wrongful conviction is a nightmare that no family should have to endure. Yet it happens — more often than most people realize. Across Kentucky, innocent people sit in prison for crimes they did not commit, and their families suffer alongside them. If you believe your … Read more
Post-Conviction DNA Testing in Kentucky Under KRS 422.285 DNA evidence has revolutionized criminal justice, and for some Kentucky prisoners, it holds the key to freedom. KRS 422.285 provides a mechanism for convicted individuals to request post-conviction DNA testing of biological evidence that may establish their innocence. For families holding onto hope that science can prove … Read more
Actual Innocence: The Most Powerful Claim in Kentucky Post-Conviction Law There is no greater injustice than the imprisonment of an innocent person. For families living with the knowledge that their loved one is behind bars for a crime they did not commit, the pain is indescribable. In Kentucky, actual innocence claims represent the most powerful … Read more
Federal Habeas Corpus: A Lifeline for Kentucky State Prisoners For families of Kentucky state prisoners who have exhausted their state court remedies, federal habeas corpus represents the final check on constitutional violations. It is the mechanism by which the federal courts ensure that no person is held in custody in violation of the United States … Read more
Exhausting State Remedies: The Gateway to Federal Habeas in Kentucky Before a Kentucky state prisoner can seek federal habeas corpus relief, they must first exhaust all available state court remedies. This exhaustion requirement is one of the most important procedural hurdles in federal habeas law, and failing to satisfy it can result in dismissal of … Read more
The One-Year Clock: AEDPA Time Limits for Federal Habeas in Kentucky The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes a strict one-year statute of limitations on federal habeas corpus petitions. For Kentucky state prisoners and their families, understanding when this clock starts and how it operates is absolutely essential — missing the deadline means … Read more
Interlocutory Appeals in Kentucky Criminal Cases Most criminal appeals are filed after a final judgment — after the trial is over and the sentence has been imposed. But in certain situations, it may be possible to appeal a trial court’s ruling before the case reaches a final conclusion. These are known as interlocutory appeals, and … Read more
Palpable Error Review Under RCr 10.26 in Kentucky Criminal Appeals Sometimes the most egregious errors at trial go unpreserved. When defense counsel fails to object to a serious error, the defendant’s appellate options are significantly limited — but not necessarily eliminated. RCr 10.26 provides for palpable error review, a narrow but powerful exception to Kentucky’s … Read more
Federal Habeas Corpus for Kentucky State Prisoners: Understanding 28 U.S.C. § 2254 When state court remedies have been exhausted without success, federal habeas corpus under 28 U.S.C. § 2254 may provide one final avenue for challenging a Kentucky state conviction. This powerful federal remedy allows a federal court to review whether a state prisoner’s constitutional … Read more