Rocarvan Marcus Fortney v. Commonwealth of Kentucky
2020 CA 001227
| Ky. Ct. App. | Feb 17, 2022Background
- In 2007 Fortney pleaded guilty to multiple offenses including murder and was sentenced to life imprisonment with no parole for 25 years.
- He previously filed and lost postconviction relief under RCr 11.42 and CR 60.02; earlier appeals were unsuccessful or dismissed.
- On July 29, 2020 Fortney filed a second CR 60.02 motion asserting that the risk of contracting COVID-19 while incarcerated justified relief under CR 60.02(f).
- He also argued that continued confinement in light of COVID-19 violated the Eighth Amendment prohibition on cruel and unusual punishment.
- The Jefferson Circuit Court denied relief, holding CR 60.02(f) addresses defects in trial proceedings (not illnesses from confinement) and that Eighth Amendment/conditions-of-confinement claims require administrative exhaustion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CR 60.02(f) permits relief based on COVID-19 risk | Fortney: COVID-19 risk is an extraordinary reason justifying relief from remainder of sentence | Commonwealth: CR 60.02(f) addresses defects in proceedings or undiscovered evidence; results of confinement (illness) are not a basis | Denied — CR 60.02(f) does not apply to risks/illnesses arising from incarceration |
| Whether continued confinement during COVID-19 violates the Eighth Amendment | Fortney: Continued confinement under COVID-19 conditions is cruel and unusual | Commonwealth: Claim concerns present conditions of confinement and is civil; plaintiff must exhaust administrative remedies first | Denied — Eighth Amendment/conditions-of-confinement claim is not properly raised in this proceeding without exhaustion |
Key Cases Cited
- White v. Commonwealth, 32 S.W.3d 83 (Ky. App. 2000) (review standard for CR 60.02 denials)
- Foley v. Commonwealth, 425 S.W.3d 880 (Ky. 2014) (abuse-of-discretion test definition)
- Ramsey v. Commonwealth, 453 S.W.3d 738 (Ky. App. 2014) (conditions-of-confinement claims require administrative exhaustion)
- Wine v. Commonwealth, 699 S.W.2d 752 (Ky. App. 1985) (CR 60.02(f) limited to defects in trial proceedings or undiscovered evidence; incarceration illnesses not an extraordinary basis)