Fryrear v. Parker

EDWIN I. BAER, Special Justice.

Prior to January 1, 1975, the seven appellants were convicted of rape and sentenced to the then correct statutory sentence for the crime, life without parole. The legislature of the Commonwealth of Kentucky subsequently enacted the 1975 penal code which amended the applicable sentencing statute to eliminate the phrase “without parole.”

Appellants brought this habeas corpus action in Lyon Circuit Court. Lyon County is the geographical home of the penal institution housing the appellants and therefore the jurisdictional home for any habeas corpus writ they might…