Legal Opinion
Hamilton v. Ford
District Court, E.D. Kentucky
Decided August 3, 1973No. 7:05-misc-00005PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
SWINFORD, District Judge.
This action was commenced by Kentucky prisoners incarcerated following convictions of willful murder. In each instance, the death penalty originally imposed was commuted by former Governor Ned Breathitt to life imprison ment without parole. Kentucky Constitution Section 77. The plaintiffs claim that the commutation, insofar as it purports to deny parole, violates Section 28 of the Kentucky Constitution, which prohibits the exercise by one government department of powers vested in another branch: Pursuant to the authority conferred by Sections 27 and 29 of…
2Cases cited19 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Thomas U. Mulligan v. Detective Schlachter, Sergeant Ware, Lieutenant Morin, and Benjamin J. SafirCourt of Appeals for the Sixth Circuit · 1968
- Biddle v. PerovichSupreme Court of the United States · 1927
- Paul Rhodes v. Clarence A. H. Meyer, Paul Rhodes v. Richard M. Van SteenbergCourt of Appeals for the Eighth Circuit · 1964
- Thomas D. Goss A/K/A Thomas Duggan v. State of Illinois, Frank G. Sain, Sheriff of Cook County, and Daniel P. Ward, State's Attorney of Cook CountyCourt of Appeals for the Seventh Circuit · 1963
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3Cited by4 opinions
- Bricker v. Michigan Parole BoardDistrict Court, E.D. Michigan · 1975
- Mullins v. CommonwealthCourt of Appeals of Kentucky · 1997
- Hamilton v. CommonwealthCourt of Appeals of Kentucky · 1974
- James Edward Hines v. Kentucky Parole BoardCourt of Appeals of Kentucky · 2025