Lawrence Pate v. Department of Corrections, Appellee and Lawrence Pate v. Commonwealth of Kentucky

Summary

The Kentucky Supreme Court held that the 2006 amendment to KRS 439.3401 does not violate the ex post facto prohibition and that the trial court abused its discretion in denying Appellant’s extraordinary‑relief motion under CR 60.02(f), vacating the judgment and remanding for relief. The Court affirmed the dismissal of the declaration‑of‑rights petition and reversed the lower court’s denial of CR 60.02 relief.