Michael Dennison v. Commonwealth of Kentucky
2024-CA-0670
| Ky. Ct. App. | Jun 27, 2025Background
- Michael Dennison was serving time on other charges when a detainer was lodged against him for multiple Jefferson Circuit Court offenses.
- In May 2019, Dennison filed a motion for a speedy trial under KRS 500.110, which requires trial within 180 days of such a request by an incarcerated person.
- Dennison was released from custody on the original charges, making KRS 500.110 no longer applicable, and later entered into a plea agreement on the new charges, waiving all issues except his motion to suppress.
- After being sentenced, Dennison unsuccessfully appealed on the suppression issue and subsequently filed a CR 60.02 motion, claiming the trial court lost jurisdiction by exceeding the 180-day requirement.
- The trial court denied this motion, and Dennison appealed, arguing the judgment was void for lack of jurisdiction due to noncompliance with KRS 500.110.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court lose jurisdiction under KRS 500.110? | Expiry of 180 days under KRS 500.110 voided jurisdiction. | Any loss of jurisdiction is waivable; plea constituted waiver. | Loss was of particular case jurisdiction, not subject matter jurisdiction; thus, waivable. |
| Did Dennison waive his statutory right by pleading guilty? | No, because jurisdiction (as argued) cannot be waived. | Guilty plea waives all defenses except lack of subject matter jurisdiction. | Dennison’s guilty plea waived the right to contest KRS 500.110 violations. |
| Is the judgment void ab initio or merely voidable? | Judgment is void due to lack of jurisdiction. | Any error is voidable, not void, and is waived by plea. | Any lack of particular case jurisdiction only renders judgment voidable and waivable. |
| Did the trial court abuse its discretion in denying relief? | Denial was improper due to void judgment. | Proper exercise of discretion; no subject matter jurisdiction lost. | No abuse of discretion; denial affirmed. |
Key Cases Cited
- Bush v. Commonwealth, 702 S.W.2d 46 (Ky. 1986) (guilty plea waives all defenses except indictment not charging an offense)
- Hayes v. Commonwealth, 627 S.W.3d 857 (Ky. 2021) (guilty plea does not waive lack of subject matter jurisdiction)
- Dunaway v. Commonwealth, 60 S.W.3d 563 (Ky. 2001) (KRS 500.110 no longer applies after sentence completion on original offense)
- Masters v. Masters, 415 S.W.3d 621 (Ky. 2013) (failure to comply with statute doesn't divest subject matter jurisdiction)
- Kelly v. Commonwealth, 554 S.W.3d 854 (Ky. 2018) (court retains subject matter jurisdiction despite statutory errors)
- Martin v. Commonwealth, 576 S.W.3d 120 (Ky. 2019) (circuit court has subject matter jurisdiction over felony charges)