Elawyers Elawyers
Washington| Change

MALONE v. COMMONWEALTH, 2012-CA-001469-MR. (2013)

Court: Court of Appeals of Kentucky Number: inkyco20131004289 Visitors: 6
Filed: Oct. 04, 2013
Latest Update: Oct. 04, 2013
Summary: NOT TO BE PUBLISHED OPINION COMBS, JUDGE. Shawn Malone, pro se, appeals the order of the Laurel Circuit Court denying his motion for specific performance and enforcement. After reviewing the record and the applicable law, we affirm. Malone is serving a sentence of thirty-five years as a result of crimes that he committed during an escape from prison in 2001. On July 5, 2012, Malone filed a motion for specific performance and enforcement in Laurel Circuit Court alleging that the Department
More

NOT TO BE PUBLISHED

OPINION

COMBS, JUDGE.

Shawn Malone, pro se, appeals the order of the Laurel Circuit Court denying his motion for specific performance and enforcement. After reviewing the record and the applicable law, we affirm.

Malone is serving a sentence of thirty-five years as a result of crimes that he committed during an escape from prison in 2001. On July 5, 2012, Malone filed a motion for specific performance and enforcement in Laurel Circuit Court alleging that the Department of Corrections erroneously calculated his date of parole eligibility. Malone sought injunctive relief against the Department of Corrections. The trial court denied the motion on July 26, 2012, finding that it lacked jurisdiction over the Department of Corrections. This appeal followed.

We agree that the circuit court lacked injunctive jurisdiction over this matter. Inmates' disputes with the Department of Corrections must be litigated as petitions for declaratory judgment pursuant to Kentucky Revised Statute[s] (KRS) 418.040. Smith v. O'Dea, 939 S.W.2d 353, 355 (Ky. App. 1997). Calculation of parole eligibility is specifically subject to the declaratory judgment procedure. Mason v. Commonwealth, 331 S.W.3d 610, 629 (Ky. 2011).

Additionally, the Department of Corrections is not a party to this appeal nor its underlying motion. Accordingly, the matter was not properly before the circuit court or before this court. Id. Therefore, we are compelled to affirm the Laurel Circuit Court.

ALL CONCUR.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer