Huff v. Commonwealth

Respectfully, I dissent.

This is Chapter II in the continuing saga of sentencing problems generated by the so-called “Truth-In-Sentencing Statute,” codified in KRS 532.055 and 439.3401.

In Chapter I, Commonwealth v. Beneer, Ky., 734 S.W.2d 794 (1987), the only issue considered was “whether or not KRS 532.-055 (The Truth in Sentencing Statute) violates Section 28 of the Kentucky Constitution relating to the separation of powers among the separate departments of state government.” Id., at 795. We held that “it violates the separation of powers doctrine.” Id., at 796. Nevertheless, we refuse to…