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· 2/7/1997

Smith v. O'DEA

Citations

  • 939 S.W.2d 353
  • 1997 Ky. App. LEXIS 9
  • 1997 WL 46941

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that such petitions require a state court “to ensure that the agency’s judgment comports with the legal restrictions applicable to it” (emphasis added)
  • deciding, despite a lack of any direct evidence, a reasonable inference could be -11- made an inmate previously communicated to visiting family his willingness to accept smuggled drugs
  • “A -2- petition for declaratory judgment pursuant to KRS 418.040 has become the vehicle, whenever Habeas Corpus proceedings are inappropriate, whereby inmates may seek review of their disputes with the Corrections Department.”
  • “A petition for declaratory judgment pursuant to KRS 418.040 has become the vehicle, whenever Habeas Corpus proceedings are inappropriate, whereby inmates 2 Kentucky Revised Statutes. -5- may seek review of their disputes with the Corrections Department.”
  • adopting the federal standard of review in Walpole
  • adopting the holding in Hill

Source: CourtListener parenthetical corpus (CC0).

Judges: Dyche, Guidugli, Schroder

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.