Foley v. Commonwealth

Opinion of the Court by

Justice VENTERS.

Robert Carl Foley appeals from a Franklin Circuit Court order denying his petition for declaratory judgment pursuant to KRS 418.040. In his petition Foley sought to have Kentucky’s self-defense statutes as they existed at the time of his 1991 trial (and to the extent they now remain inconsistent with KRS 503.055— the castle doctrine statute) declared unconstitutional.

The circuit court determined that there was not an actual case or controversy stated in the declaratory judgment petition as required by KRS 418.040. Based upon this determination, the court…