Wolford v. Commonwealth
Decision Date | 01 July 2022 |
Docket Number | 2021-CA-0912-MR |
Parties | JIMMY W. WOLFORD APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE |
Court | Court of Appeals of Kentucky |
NOT TO BE PUBLISHED
BRIEF FOR APPELLANT: Jimmy Wolford, pro se La Grange, Kentucky
BRIEF FOR APPELLEE: Daniel Cameron Attorney General of Kentucky Jenny L. Sanders Assistant Attorney General Frankfort Kentucky
BEFORE: ACREE, COMBS, AND MAZE, JUDGES.
Appellant Jimmy W. Wolford, appeals from an opinion and order of the Pike Circuit Court denying his motion to suspend further execution of or to amend his sentence. After our review, we affirm.
A jury convicted Wolford of murder and he was sentenced to forty-years' imprisonment. Our Supreme Court affirmed his conviction on March 22, 2001.
On March 15, 2021, Wolford filed a motion in Pike Circuit Court to suspend further execution of or to amend his sentence pursuant to CR[1] 60.02(f) or, in the alternative, pursuant to CR 60.03. Wolford alleged that due to his incarceration, he is at an increased risk of contracting COVID-19. He also contended that if he were to become infected with COVID-19, he is susceptible to associated complications due to his underlying health issues.
On June 28, 2021, the circuit court entered an opinion and order denying Wolford's motion. The court held that: The court further determined that Wolford cannot demonstrate entitlement to relief either under CR 60.03 or under the Eighth Amendment.
Wolford appealed. He contends that the trial court abused its discretion in denying the requested relief. Wolford explains that he did not present or assert his legal claim under the Eighth Amendment to the United States Constitution; rather, he contends that his constitutional right falls within the ambit of the Fourteenth Amendment -- to be free from being forcibly subjected to repeated exposure to COVID-19.[2] Wolford also asserts that the trial court was required to fashion a remedy to relieve him from the continued violation of his Fourteenth Amendment right.
We find no error. The issues which Wolford raises on appeal were directly addressed by this Court in Martin v. Commonwealth, 639 S.W.3d 433 (Ky. App. 2022), which also involved the denial of a post-conviction motion seeking release from incarceration due to fear of contracting COVID-19. In Martin, we held as follows:
To continue reading
Request your trial