Legal Opinion

Brock v. Sowders

Kentucky Supreme Court

Decided November 3, 1980PublishedCited by 16 opinions

1Opinion of the Court

LUKOWSKY, Justice.

The Lyon Circuit court denied Brock’s petition for a writ of habeas corpus. The Court of Appeals affirmed. We reverse and . remand because Brock may be detained in the Kentucky Penitentiary without legal authority. KRS 419.020.

This reversal is based on the affirmative resolution of two questions. The first is whether a Kentucky judgment directing that Kentucky sentences be served concurrently with another state’s sentence, absent explicit statutory authority but resulting from a plea bargaining agreement, must be honored by the Kentucky Bureau of Corrections. The second is…

2Cases cited4 opinions

  1. Anderson v. CorallSupreme Court of the United States · 1923
  2. Drinkall v. SpiegelSupreme Court of Connecticut · 1896
  3. Workman v. CommonwealthKentucky Supreme Court · 1979
  4. OVERLADE, WARDEN, ETC. v. WellsIndiana Supreme Court · 1955

3Cited by16 opinions

  1. State v. ParkerCourt of Appeals of Maryland · 1994
  2. Commonwealth v. BrownKentucky Supreme Court · 1981
  3. Adkins v. CommonwealthCourt of Appeals of Kentucky · 1982
  4. Albert Jones v. Dan BottomCourt of Appeals for the Sixth Circuit · 2023
  5. Kassulke v. Briscoe-WadeKentucky Supreme Court · 2003

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