Foley v. Beshear
Annotate this CasePlaintiffs were two death-row inmates who filed a complaint for a declaratory judgment seeking an order requiring the Governor and/or the Department of Corrections and/or the Kentucky Parole Board to adopt constitutionally adequate procedures regarding clemency petitions. Appellants further sought an order requiring the Parole Board to adopt administrative procedures governing the ways in which the Board must conduct clemency investigations. The trial court dismissed the complaint, concluding that because Section 77 of the Kentucky Constitution vests the power to grant pardons in the Governor it would violate the separation of powers for the courts to dictate to the Governor the procedures he should employ in considering pardons. The Supreme Court affirmed, holding that Plaintiffs’ petition failed to state a claim for relief.
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