Court of Appeals says Franklin Cirt. Court exceeded its jurisdiction in dismissing indictments of officials pardoned by Gov. Fletcher. Cases sent to District Court for dismissal.
In four cases involving indictments of Republicans which were pardoned by Governor Ernie Fletcher have been set aside on appeal by the Ky. Court of Appeals. The appellate court held that the dismissal of the indictments by the Franklin Circuit Court was in error due to a lack of jurisdiction in the Franklin Circuit Court.
The defendants in the four cases were Vincent Fields, Dave Disponett, J. Marshall Hughes, and Daniel Groves.
The Appellate court held that since the indictments were all misdemeanors, and the Franklin Circuit Court does not have subject matter jurisdiction of misdemeanors. The cases where remanded to the Franklin District Court.
The ruling, by upholding the right of Governor Fletcher to issue blanket pardons to the four defendants, suggests that the only action that can be taken by the Franklin District Court is to dismiss the indictments due to the pardon rulings.
In its ruling in the four cases, the Ct. of Appeals also held that the Ky. Constitution does not require a party who receives a Gubernatorial pardon to affirmatively request the protection of the pardon.