Rudolph v. Corrections Cabinet

HAYES, Chief Judge:

The appellant, Karl Rudolph, appeals the dismissal of his declaratory judgment action wherein he had maintained that he was being improperly denied credit for the time he had served on a different charge in Indiana against the Kentucky sentence he was presently serving.

On August 31, 1983, Rudolph was sentenced in Jefferson County, Kentucky, to ten (10) years imprisonment on a plea of guilty to persistent felony offender, first degree. The judgment stated “this will also run concurrent with the time that the defendant is now serving in Indiana, with credit for time served.”

Th…