Muhammad v. Kentucky Parole Board
Kentucky Supreme Court
1ConcurrenceCunningham, J.
I respectfully concur in result only. Since the Appellant is not incarcerated, I would dismiss this appeal as moot. The writ of habeas corpus (“you have the body”) is a right deeply rooted in the English common law going back over one thousand years. It is the most cherished legal redress we possess. The availability of the writ of habeas corpus is the last line of defense against arbitrary imprisonment and punishment at the whim of the state. It is a personal right, not a public concern. The decision we are writing today will not affect one Kentucky citizen out of thousands. We should speak…
2Cases cited2 opinions
- Texas Electric Service Company v. GravesCourt of Appeals of Texas · 1972
- Griffith v. SchultzKentucky Supreme Court · 1980