September 13, 2026

Kentucky Supreme Court denies Commonwealth writ of prohibition in relation with death penalty case

 (WKYT) – The Kentucky Supreme Court released a ruling denying a writ of prohibition against the Franklin Circuit Court.

The Commonwealth asked the Supreme Court to rule that the Franklin Circuit Court acted outside of its jurisdiction “by permitting death-sentenced inmates to litigate declaratory and constitutional challenges to administrative regulations relating to Kentucky’s execution protocols without exhausting administrative remedies.”

The Supreme Court sided with the Franklin Circuit Court, saying it did not act outside its jurisdiction when it denied the Commonwealth’s attempt to dismiss inmate claims in death penalty cases.

The Franklin Circuit Court reportedly denied the claims after finding that “the grievance process could not provide the relief sought or adjudicate the constitutional and regulatory issues raised.”

Ruling documents say that the Franklin Circuit Court had subject matter jurisdiction over the referenced type of case, “regardless of any unresolved questions about how the exhaustion doctrine applies to particular claims and without deciding whether exhaustion was required for some or all of them.”