Monday, October 7, 2013

KYSC - Melton - Court Costs and Public Defender Fees after incarceration

John Melton v. Commonwealth, 22-SC-488-MR (rendered 9/26/2013) (Not to be published)

The trial court erred in attempting to retain jurisdiction until Mr. Melton was released from incarceration in order to determine whether to impose court costs and partial public defender fees. The Kentucky Supreme Court held there is no statutory basis for a court to exercise jurisdiction beyond the end of proceedings (i.e., final sentencing) in order to determine the appropriateness of imposing court costs and a partial public defender fee. Robert Yang represented Mr. Melton on appeal.

Contributed by Karen Maurer