Winston Briscoe v. Commonwealth of Kentucky
2020 CA 001012
| Ky. Ct. App. | Nov 18, 2021Background:
- Winston Briscoe, convicted in 2000 of first-degree sodomy and sentenced as a persistent felony offender to 20 years; prior direct appeal and multiple post-conviction attempts were unsuccessful.
- In May 2020 Briscoe moved under CR 60.02 and CR 60.03 asking suspension of his sentence or alternative/home incarceration, citing increased COVID-19 risk (he asserted diabetes and other conditions in briefing but provided no medical record evidence).
- Fayette Circuit Court denied the motion without a Commonwealth response, finding CR 60.02 relief inappropriate for claims unrelated to trial defects and CR 60.03 unavailable because the same grounds had been denied under CR 60.02.
- Briscoe also asserted Eighth and Fourteenth Amendment violations and pointed to federal COVID-related early-release decisions; the court treated those as inapplicable or as cognizable only in civil conditions-of-confinement suits.
- The Court of Appeals affirmed, emphasizing the high/extraordinary standard for CR 60.02, precedent excluding health/family hardships as bases for CR 60.02 relief, limits on CR 60.03, and that federal compassionate-release authority does not apply to state prisoners.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Availability of CR 60.02 relief based on COVID-19/health risk | Briscoe: pandemic and his diabetes make continued incarceration extraordinary and justify relief | Court/Commonwealth: CR 60.02 addresses trial defects/factual errors (coram nobis); health fears unrelated to proceedings are not a basis | Denied — CR 60.02 requires special/extraordinary trial-related defects; health fears insufficient |
| Use of CR 60.03 independent equitable action for release | Briscoe: equitable grounds warrant independent action for release or alternative sentencing | Court: CR 60.03 requires an independent action; relief barred where same ground denied under CR 60.02 | Denied — not filed/maintained as independent action and unavailable because CR 60.02 relief failed |
| Eighth and Fourteenth Amendment claims based on COVID-19 risk | Briscoe: confinement during pandemic violates constitutional protection against cruel conditions and due process | Court: such conditions claims are civil suits against prison officials (e.g., warden), not post-conviction relief in sentencing court; success would not necessarily produce release | Denied — Claims improperly brought and not shown; remedy not available in this posture |
| Reliance on federal compassionate-release precedents | Briscoe: federal court releases during COVID support early release here | Court: federal compassionate-release statute applies to federal prisoners; state prisoners must seek executive clemency or state mechanisms | Denied — federal authority inapplicable to state prisoner; executive clemency/parole are state remedies |
Key Cases Cited
- Barnett v. Commonwealth, 979 S.W.2d 98 (Ky. 1998) (sets high, extraordinary standard for CR 60.02 relief)
- Commonwealth v. Bustamonte, 140 S.W.3d 581 (Ky. Ct. App. 2004) (CR 60.02 should be invoked with extreme caution)
- Leonard v. Commonwealth, 279 S.W.3d 151 (Ky. 2009) (CR 60.02 replaces coram nobis, which corrected factual—not legal—errors)
- Ramsey v. Commonwealth, 453 S.W.3d 738 (Ky. Ct. App. 2014) (physical ailments are not trial defects justifying CR 60.02 relief)
- Wine v. Commonwealth, 699 S.W.2d 752 (Ky. Ct. App. 1985) (family hardships and emotional trauma unrelated to trial proceedings are not CR 60.02 grounds)
- Meece v. Commonwealth, 529 S.W.3d 281 (Ky. 2017) (CR 60.03 provides equitable relief only when no other avenue exists)
- Foley v. Commonwealth, 425 S.W.3d 880 (Ky. 2014) (CR 60.03 relief is barred where the same ground has been denied under CR 60.02)
- United States v. Ruffin, 978 F.3d 1000 (6th Cir. 2020) (example denying federal compassionate release despite severe COVID-19 risk factors)