North v. Russell
| Decision Date | 12 August 1974 |
| Citation | 516 S.W.2d 103 |
| Parties | Lonnie NORTH, Appellant, v. C. B. RUSSELL and Nathaniel Trap Helton, Harlan County Jailer, Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
Eugene Goss, Harlan, Dean H. Rivkin, Lexington, for appellant.
Ed. W. Hancock, Atty. Gen., Frankfort, G. Wix Unthank, Commonwealth's Atty., Harlan, for appellees.
This is an appeal from a judgment of the Harlan Circuit Court denying relief by way of habeas corpus from a judgment of the Lynch Police Court. Appellant's contention is that the police court judgment is void because the police judge is not a lawyer.
The motion for appeal is granted and the judgment is affirmed. Cf ., Ditty v. Hampton, Ky., 490 S.W.2d 772 (1973).
There being no authority for the granting of bail pending an appeal from the denial of habeas corpus, that portion of the judgment permitting the appellant to remain free on bond was erroneous, cf. Crady v. Cranfill, Ky.,371 S.W.2d 640 (1963), and should be corrected forthwith. That the appellant is not entitled to bail in this proceeding does not, however, affect his entitlement, vel non, to bail in the event of an appeal from the judgment of the Lynch Police Court.
As corrected in accordance with this opinion, the judgment is affirmed.
All concur.
The execution and enforcement of the mandate and the order remanding appellant to custody is hereby stayed pursuant to the order issued by Mr. Justice Potter Stewart, Associate Justice of the Supreme Court of the United States. The stay shall remain in effect or be terminated in accordance with the terms of said order.
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North v. Russell
...Ditty v. Hampton, supra, noting that appellant could apply for bail in the event of an appeal from the Lynch Police Court judgment. 516 S.W.2d 103 (1974). When this case first came here on appeal we vacated the judgment and remanded it "for further consideration in light of the position pre......
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Young v. Konz
...after either a trial Or a plea of guilty in the police court; a defendant is entitled to bail while awaiting trial De novo. 516 S.W.2d 103 (Ky.1974). To avoid the patent impact of North, it is first urged that this state, unlike the Kentucky system considered in North, makes no provision fo......
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Young v. Konz, s. 44071
...after either a trial Or a plea of guilty in the police court; a defendant is entitled to bail while awaiting trial De novo. North v. Russell, 516 S.W.2d 103 (Ky.1974). (Italics The United States Supreme Court held there was no denial of due process in Kentucky's system. It is argued, howeve......
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Tsiosdia v. Rainaldi
...over eleven such programs.4 A recent Kentucky case raising these same issues has been appealed to the Supreme Court. North v. Russell, 516 S.W.2d 103 (Ky.1974); prob. juris. noted, 419 U.S. 1085, 95 S.Ct. 673, 42 L.Ed.2d 677, 43 U.S.L.W. 3674 (1975). However, the U.S. Supreme Court has prev......