Ramsey v. Commonwealth
2014 Ky. App. LEXIS 190
| Ky. Ct. App. | 2014Background
- Anthony J. Ramsey is serving an aggregate 15-year sentence from multiple indictments.
- Ramsey filed a shock probation motion (June 26, 2013) and asserted serious medical conditions (AIDS, colon cancer, biliary cirrhotic disease) requiring treatment allegedly unavailable in prison.
- The trial court denied the shock probation motion, stating release eligibility is a matter for the Department of Corrections.
- Ramsey then moved for relief under Kentucky R. Civ. P. (CR) 60.02 (Sept. 9, 2013), arguing his illnesses justified extraordinary relief to obtain outside medical care.
- The trial court found the circumstances compelling but concluded CR 60.02 relief was not legally available and denied the motion; Ramsey appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CR 60.02 permits early release based on serious medical conditions | Ramsey: his life‑threatening illnesses and need for unavailable treatment constitute an "extraordinary" reason for CR 60.02 relief | Commonwealth/Trial court: CR 60.02 addresses defects in trial proceedings, not medical or parole matters; release eligibility is for DOC/parole | Court: Denied — CR 60.02 is not the proper vehicle for medical‑condition based early release |
| Standard of review for CR 60.02 denial | Ramsey: N/A (argues entitlement to relief) | Commonwealth: Trial court discretion applies | Court: Reviewed for abuse of discretion; no abuse found |
| Whether hardships (family or medical) amount to "substantial miscarriage of justice" under CR 60.02 | Ramsey: Medical hardship equals extraordinary circumstance justifying relief | Commonwealth: Such hardships are not trial defects and belong to parole/administrative processes | Court: Harms from illness are not trial defects and do not warrant CR 60.02 relief |
| Proper forum for relief based on medical needs while incarcerated | Ramsey: CR 60.02 should be used to obtain release for treatment | Commonwealth: Department of Corrections/parole board is proper forum | Court: Agreed with Commonwealth; CR 60.02 is inappropriate forum |
Key Cases Cited
- Sanders v. Commonwealth, 339 S.W.3d 427 (Ky. 2011) (defining CR 60.02’s relief for extraordinary reasons)
- White v. Commonwealth, 32 S.W.3d 83 (Ky. App. 2000) (standard of review for CR 60.02 motions)
- Wine v. Commonwealth, 699 S.W.2d 752 (Ky. App. 1985) (family hardships from incarceration do not constitute trial defects remediable under CR 60.02)
- Miller v. Eldridge, 146 S.W.3d 909 (Ky. 2004) (test for abuse of discretion)