Muhammad v. Ky. Parole Bd.
Annotate this CaseIn 2011, Appellant pleaded guilty to one felony count of receiving stolen property. In exchange for Appellant’s guilty plea, the prosecutor promised not to pursue revocation of Appellant’s conditional discharge from his 2008 sex offense. The Parole Board, however, ordered Appellant to serve out the discharge period, concluding that, notwithstanding the plea bargain, Appellant’s new conviction provided probable cause for the revocation of his discharge. In 2012, Appellant filed a motion for habeas corpus relief from the 2011 judgment, alleging that defense counsel had rendered ineffective assistance in advising him to plead guilty on a promise that the prosecutor was not authorized to make. The trial court granted the petition. The Court of Appeals reversed, holding that habeas corpus was not an appropriate remedy under the circumstances. While Appellant’s appeal was pending, his sentence expired, rending his case moot. The Supreme Court affirmed, holding that Appellant failed to establish the inadequacy of more usual forms of relief, and thus his resort to habeas corpus was properly denied. Due to the mootness of Appellant’s claim, this conclusion had no practical effect for Appellant, but this Opinion will provide guidance as to the proper mode of challenging an an alleged plea-bargain breach by the Commonwealth.
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