ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Kentucky Blogs -> Kentucky Cases

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Kentucky

: Kentucky Cases

CORRECTIONS - educational good time credit, incentives, and GED: Richardson v. Rees (COA 3/27/2009)

By Michael Stevens

ADVERTISEMENTS

Richardson v. Rees
2008-CA-000721
03/27/2009
2009 WL 792748

Opinion by Judge Wine; Judges Caperton and Taylor concurred.

The Court affirmed in part and reversed and remanded in part an order of the circuit court dismissing appellant?s petition seeking a declaratory judgment that certain statutory and constitutional rights had been violated when he was denied 60 days Educational Good Time Credit (EGT) and a monetary incentive award for earning his GED, as well seeking punitive damages, costs and attorney fees.

The Court first held that appellant?s use of ?et al.? in his Notice of Appeal to designate seven individual respondents did not comply with CR 73.03(1) and therefore, the judgment was final and no longer appealable as to those individuals. However, because the Commissioner was individually named and he had the ultimate responsibility of deciding whether to award the credit, the other individuals were not indispensable parties.

The Court then held that that the Department of Corrections correctly applied a limitation of one mandatory award of EGT for completion of one of the categories listed in KRS 197.045(1) and that awards of additional EGT credit were within the discretion of the Department subject to the guidelines set out in KCPP 20.1(II(C)(1) and (2).

The Court then held that the Department abused its discretion in denying appellant additional EGT credit for successfully completing his GED after he was directed to complete the GED class in order to enroll in a carpentry vocational program even though he presented a college transcript supporting his claim that his college degree should meet the requirements of a GED or high school diploma and after counselors assured him that he would be awarded the EGT if he obtained his GED.

The Court next held that appellant?s failure to move the trial court to amend its order pursuant to CR 52.02 or CR 59.05, precluded review of his claim that the trial court failed to address his breach of contract claim. The Court finally held that appellant?s claim that his equal protection rights were violated was brought for the first time on appeal and therefore, was unreviewable.

Full post as published by Kentucky Cases on August 02, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0026 secs (from cache 11/03/26 22:08:40)