Ronnie Lee Bowling, Movant v. Randy White (warden, Kentucky State Penitentiary)

Summary

The court held that the Department of Corrections may award jail-time credit omitted from a felony judgment when the credit was legally required but not awarded, even though the conviction was entered under the prior version of the credit statute. The court distinguished the rule governing a prior judgment that awarded too much credit and concluded that whether Bowling's sentence had actually expired required factual determination by the federal district court. Special Justice John D. Seay, dissenting, would have declined the certification because the record allegedly showed that Bowling remained in custody under an aggregate sentence and could pursue habeas relief.