At any time, and without notice, a person detained at a facility, or a relative, friend,
guardian, representative, or attorney on behalf of such person, may petition for a writ of
habeas corpus to question the cause and legality of such detention and request that the
Circuit Court issue a writ for release.
Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 16, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts,
Chapter 445, which contains the following language in Section 45 of that Act: "This
Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55,
requires that a reason be set forth for the emergency. However, no reason is set forth
in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2020–2021 · leading case:
Blackburn v. Noble (E.D. Ky. 2020).
Blackburn v. Noble (E.D. Ky. 2020).
· cites it 2× “If the motion is denied by the circuit court, Petitioners should pursue available appeals of that decision. Id.”
Phillips v. Beshear (E.D. Ky. 2021).
· cites it 2× “2020) (citing KRS § 202A.151). Because Phillips has failed to pursue his claims through the Kentucky judicial system in the first instance, they are unexhausted.”
Stiltner v. Beshear (E.D. Ky. 2021).
“# 34 therein at 10) (citing KRS 202A.151). Because Stiltner has failed to pursue his claims through the Kentucky judicial system in the first instance, they are unexhausted and the Court will not entertain them at this time.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.