Ky. Rev. Stat. » Chapter 452
Kentucky Revised Statutes

Ky. Rev. Stat. § 452.290 (2026)

Retransfer to original county after state of lawlessness ends

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Whenever the judge of any Circuit Court in which an indictment charging the defendant with a felony is pending by change of venue under KRS 452.230 is satisfied from personal knowledge or from reliable information furnished in court by affidavit or oral testimony that a state of lawlessness sufficient to prevent officers and jurors from discharging their duties no longer exists in the county from which the action was removed, the court shall transfer the action back to the Circuit Court of the county where the indictment was found. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1120.

Notes of Decisions
Cited in 3 cases, 1943–2008 · leading case: Fields v. Commonwealth, 274 S.W.3d 375 (Ky. 2008).
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Fields v. Commonwealth, 274 S.W.3d 375 (Ky. 2008). · cites it 2× “The motion was made pursuant to KRS 452.290, which requires that a case be transferred back to the county of indictment when the trial court is satisfied that a “state of lawlessness” no longer exists.”
Commonwealth v. Cooper, 173 S.W.2d 128 (Ky. Ct. App. 1943). · cites it 2× “” The judgment specifically stated that “in reaching these conclusions the court has not considered any affidavits filed as exhibits to the motion to remand,” and we note that the motion to remand did not include as a ground the nonexistence of such facts as is made the only…”
Commonwealth v. Hampton, 814 S.W.2d 584 (Ky. 1991). · cites it 2× “The only authority found in our statutes for the retransfer of a case back to its originating county is KRS 452.290, which only allows a retrans-fer of a case where it is determined that a state of lawlessness has ended in the transferring county.”
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