Muhammad v. Kentucky Parole Board

468 S.W.3d 331, 2015 Ky. LEXIS 1751, 2015 WL 4967238
CourtKentucky Supreme Court
DecidedAugust 20, 2015
Docket2013-SC-000420-DG
StatusPublished
Cited by6 cases

This text of 468 S.W.3d 331 (Muhammad v. Kentucky Parole Board) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Muhammad v. Kentucky Parole Board, 468 S.W.3d 331, 2015 Ky. LEXIS 1751, 2015 WL 4967238 (Ky. 2015).

Opinions

OPINION OF THE COURT BY

JUSTICE ABRAMSON

Guilty pleas have become the means by which the vast majority of criminal prosecutions are resolved.1 The guilty plea process and the validity of the judgments resulting from that process are therefore matters of substantial public importance. This case, in which Mikail Sajjaad Muhammad contends that a plea bargain gone awry entitled him to habeas corpus relief, raises questions of sufficient, moment concerning the avenues available for pursuing plea-bargain breach claims to justify our attention — notwithstanding the fact that the expiration of Muhammad’s sentence has rendered his own case moot. The Old-ham Circuit Court initially granted Muhammad’s petition for habeas corpus relief, but upon intervention and appeal by the Kentucky Parole Board, as a real party in interest, the Court of Appeals reversed. That Court, while not ruling out the possibility that Muhammad might be, or might have been, entitled to some other form of relief, held that habeas corpus was not an appropriate remedy in the circumstances. That ruling prompted Muhammad’s motion for discretionary review. Our reasoning differs somewhat from that of the Court of Appeals, but we agree with that Court’s bottom line: Muhammad failed to establish the inadequacy of more usual forms of relief, and thus his resort to habeas corpus should have been denied. This conclusion has no practical effect for Muhammad, due to the mootness of his claim, but our Opinion will provide needed guidance as to the proper mode[s] of challenging an unfulfilled plea bargain.

■RELEVANT FACTS

The controversy arose from Muhammad’s October 2011 guilty plea in Fayette Circuit Court to one felony count of receiving stolen property (RSP),- as delineated by Kentucky Revised Statute (KRS) 514.110(3)(a) (value of property between $500.00 and $10,000.00, making the offense a Class-D felony). In exchange for Muhammad’s Alford2 plea waiving his trial rights and conceding evidence suggestive of his guilt, the Commonwealth agreed to dismiss a first-degree persistent felony offender (PFO) count, to recommend a- sentence of three years, and not to seek revocation of the five-year conditional discharge Muhammad was then serving for a. 2008 sex-offense conviction. The prosecutor’s last promise, that the guilty plea and resulting RSP conviction would not result in the revocation of Muhammad’s conditional discharge, proved to be problematic. To see why requires an understanding of KRS 532.043, formerly the “conditional discharge” statute and [335]*335now the “post-incarceration supervision” statute.

In pertinent part, KRS 532.043 currently provides that persons convicted of or pleading guilty to a felony offense under KRS Chapter 510 (Sexual Offenses) shall be subject, upon completion of their regular sentences, to an additional period of parole-board supervision. In November 2007, when Muhammad pled guilty to one count of first-degree sexual abuse — a KRS Chapter 510 felony (KRS 510.110) — the statute referred to the additional period of supervision as “conditional discharge” and provided that the “period of conditional discharge shall be five (5) years.” KRS 532.043(2) (2007).3 At that time the statute also provided that

(3) During the period of conditional discharge, the defendant shall: (a) Be subject to all orders specified by the Department of Corrections ...
(4) Persons under conditional discharge ... shall be subject to the supervision of the Division of Probation and Parole[,] [and]
(5) If a person violates a provision specified in subsection (3) of this section, .the violation shall be reported in writing to the Commonwealth’s attorney in the county of conviction. The Commonwealth’s attorney may petition the court to revoke the defendant’s conditional discharge and reincarcerate the defendant as set forth in KRS 532.060.

KRS 532.043 (2007).

According to records of the Division of Probation and Parole, ■ Muhammad completed his two-year sentence for first-degree sex abuse and began serving his five-year period of sex-offender conditional discharge on May 17, 2009. He was still serving that part of his sentence in October 2011 when he pled guilty to RSP. As just noted, under the 2007 version of KRS 532.043, whether to seek revocation of Muhammad’s conditional discharge as a result of his new conviction was a matter of prosecutorial discretion, and thus, under that version of the statute, there is not much question that the prosecutor could have legitimately offered non-revocation as part of the consideration for Muhammad’s guilty plea.

As it happened, however, in Jones v. Commonwealth, 319 S.W.3d 295 (Ky.2010), a case rendered in April 2010, this Court held that KRS 532.043 ran afoul of the separation of powers doctrine to the extent that it made the judicial branch responsible for conditional discharge revocation proceedings, proceedings properly the responsibility of the executive branch. “Once a prisoner is turned over to the Department of Corrections for execution of the sentence,” the Court explained, “the power to determine the period of incarceration passes to the executive branch.” 319 S.W.3d at 300. Consistent with the separation of powers doctrine, then, the General Assembly can “create a form of conditional release [such as KRS 532.043’s “conditional discharge”] with terms and supervision by the executive branch,” 319 S.W.3d at 299, but it cannot derogate from that executive authority by involving the judicial branch directly in the exercise of administrative action. “Only bn appeal of an administrative action,” the Court observed, “should the judicial branch become involved.” 319 S.W.3d at 300.

[336]*336The General Assembly was quick to respond. At its next session it enacted House Bill 463 (effective March 3, 2011) which, among many other things, amended KRS 532.043 by changing the phrase “conditional discharge” to “postincarceration supervision;” by making clear that persons on postincarceration supervision are under the authority of the Parole Board; and by assigning responsibility for revocation proceedings to parole authorities:

(5) If a person violates a provision specified in subsection (3) of this section, the violation shall be reported in writing by the Division of Probation and Parole.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Joseph Holland v. Justice and Public Safety Cabinet
Court of Appeals of Kentucky, 2025
Z.C., a Child v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2025
Arnold Alexander v. Kentucky Parole Board
Court of Appeals of Kentucky, 2023
Laura Johns v. Kentucky Parole Board
Court of Appeals of Kentucky, 2022

Cite This Page — Counsel Stack

Bluebook (online)
468 S.W.3d 331, 2015 Ky. LEXIS 1751, 2015 WL 4967238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muhammad-v-kentucky-parole-board-ky-2015.