Ky. Rev. Stat. » Chapter 419

Ky. Rev. Stat. § 419.020

Issuance of writs

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The writ of habeas corpus shall be issued upon petition on behalf of anyone showing by affidavit probable cause that he is being detained without lawful authority or is being imprisoned when by law he is entitled to bail. The writ may be issued by any Circuit Judge on any day at any time and his power to issue such writs shall be coextensive with the Commonwealth. History: Created 1962 Ky. Acts ch. 234, sec. 19.

Notes of Decisions
Cited in 31 cases (3 in the last 5 years), 1964–2024 · leading case: Bowling v. Commonwealth
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Bowling v. Commonwealth (2005) ky · cites it 2× “The action is not a petition for a writ of habeas corpus, KRS 419.020, because Appellant does not allege that he is being unlawfully detained.”
Winstead v. Commonwealth (2010) ky · cites it 2× “[43] Arguably, a defendant could challenge the failure to give proper jail time credit in a habeas action pursuant to KRS 419.020. This action would have to wait until near the end of the sentence.”
Prewitt v. Sexton (1989) ky · cites it 2× “ces — the court records were inaccessible, the Welfare Department frustrated his effort to investigate, both he and his client had been told there was nothing in the record signed by the Judge, and his client had not been served with summons before the baby was taken from her —…”
Hyatt v. Commonwealth (2002) ky “It has also enacted the habeas corpus statutes encompassed in KRS 419.020 et seq. and the shock probation statutes in KRS 439.”
Muhammad v. Kentucky Parole Board (2015) ky · cites it 2× “That Chapter creates an expedited procedure whereby “anyone showing by affidavit probable cause that he is being detained without lawful authority,” KRS 419.020, may be brought before a circuit court for a hearing, “summary in nature,” KRS 419.”
Graham v. O'DEA (1994) kyctapp · cites it 2× “In responding to the petition in circuit court, the respondent denied that appellant was being unlawfully detained, thus raising the issue of the applicability of KRS 419.020. The circuit court dismissed the petition without explanation.”
Commonwealth v. Carneal (2008) ky “42 does not restrict a petitioner’s access to habeas corpus relief pursuant to KRS 419.020 or Section 16 of the Kentucky Constitution.”
Commonwealth v. Hale (2003) ky “KRS 419.020. 3 . See Commonwealth Transp.”
Fryrear v. Parker (1996) ky · cites it 2× “The Court of Appeals reversed, reasoning that the appellants were not entitled to habe-as corpus relief under KRS 419.020 because they were not asserting a right to release from custody.”
Commonwealth v. Gaddie (2007) ky “Under KRS 419.020, “[t]he writ of habeas corpus shall be issued upon petition on behalf of anyone showing by affidavit probable cause that he is being detained without lawful authority or is being imprisoned when by law he is entitled to bail.”
Brock v. Sowders (1980) ky “KRS 419.020. This reversal is based on the affirmative resolution of two questions.”
Scott v. Scott (1969) kyctapphigh · cites it 2× “KRS 419.020, 419.070. The procedure is designed *873 for the determination of one limited question — the right to immediate possession — and it would be a perversion of the procedure to allow other issues to be injected by whatever form of pleading.”
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