Phillips v. Hon. Anne Delahanty & Com. of Ky.
544 S.W.3d 652
| Ky. Ct. App. | 2018Background
- Blaire Phillips pleaded guilty in July 2011 to DUI, First Offense, Aggravated; plea form warned she could be subject to the DUI "look-back" period (then five years).
- In April 2016, SB 56 extended the DUI look-back period from five to ten years; six days later Blaire was arrested and charged with DUI again.
- The Commonwealth moved to amend the new charge to DUI, Second Offense based on the ten-year look-back; Judge Delahanty granted the motion and the Commonwealth sought pretrial license suspension.
- Blaire opposed application of SB 56, arguing it would alter her plea bargain, violate Boykin plea requirements, constitute impermissible retroactivity/ex post facto application, and violate KRS 446.080(3).
- Blaire filed for a writ of mandamus in Jefferson Circuit Court seeking to prevent application of the ten-year look-back and to avoid pretrial license suspension; the circuit court denied the writ, finding Blaire had an adequate remedy by appeal and would not suffer irreparable harm.
- The circuit court also ruled Judge Delahanty’s application of SB 56 was not impermissibly retroactive; the Kentucky Supreme Court later confirmed those holdings in Commonwealth v. Jackson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus was appropriate to prevent application of SB 56 | Phillips: mandamus needed because pretrial license suspension is irreparable and appeal won't unsuspend license; alternatively, a substantial miscarriage of justice would occur | Commonwealth/Delahanty: mandamus is extraordinary; Phillips has adequate remedy by appeal and no irreparable harm | Denied — Phillips had adequate remedy by appeal and license suspension is not irreparable harm |
| Whether applying SB 56 to Phillips's subsequent DUI is impermissible retroactivity/ex post facto | Phillips: the plea and plea form contemplated a five-year look-back; applying ten-year look-back alters plea and is retroactive/ex post facto | Commonwealth/Delahanty: SB 56 lawfully extended the look-back and applies to charges occurring after enactment; plea language did not immunize defendant | Denied — application of SB 56 is not retroactive, not ex post facto, and does not violate Boykin; Jackson confirms this |
| Whether plea colloquy/Boykin bars applying amended statute | Phillips: prior plea assurances made plea unknowing re: new law, invoking Boykin protections | Commonwealth: Boykin does not prevent application of a subsequently amended statute to later offenses | Denied — Boykin does not bar applying SB 56 |
| Whether pretrial license suspension justifies extraordinary relief | Phillips: suspension is irreparable and warrants mandamus | Commonwealth: suspension is a regulated privilege, not ruinous or grievous injury | Denied — license suspension is insufficient for mandamus relief |
Key Cases Cited
- Appalachian Racing, LLC v. Commonwealth, 504 S.W.3d 1 (Ky. 2016) (standard for review of writ actions)
- Bender v. Eaton, 343 S.W.2d 799 (Ky. 1961) (standards for granting mandamus/prohibition)
- Radford v. Lovelace, 212 S.W.3d 72 (Ky. 2006) (driver's license suspension not irreparable harm)
- Cardine v. Commonwealth, 283 S.W.3d 641 (Ky. 2009) (overruling on other grounds noted)
- Pletcher v. Commonwealth, 992 S.W.2d 852 (Ky. App. 1998) (operator's license is a regulated privilege)
- Commonwealth v. Jackson, 529 S.W.3d 739 (Ky. 2017) (held SB 56 applies to subsequent DUI charges; rejected retroactivity, ex post facto, and Boykin challenges)
- Boykin v. Alabama, 395 U.S. 238 (1969) (plea must be knowing, intelligent, and voluntary)