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HALLUM v. COMMONWEALTH

Nos. 2009-SC-000762-DG, 2010-SC-000049-DG

MICHAEL ALLEN HALLUM v. COMMONWEALTH OF KENTUCKY APPELLEE AND JOE B. JONES APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE

Supreme Court of Kentucky.

August 25, 2011.

Attorney(s) appearing for the Case

Brandon Neil Jewell , Assistant Public Advocate Department of Public Advocacy, 100 Fair Oaks Lane, Suite 302, Frankfort, KY 40601, Counsel for appellants.

Jack Conway , Attorney General of Kentucky.

Jeffrey Allan Cross , Bryan Darwin Morrow , Criminal Appellate Division Office of the Attorney General, 1024 Capital Center Drive, Frankfort, KY 40601, Counsel for appellees.

OPINION OF THE COURT BY JUSTICE SCOTT[[/authot]

Today, in a consolidated appeal, we are confronted with one of the final cases concerning an inmate's pro se documents timely placed in the prison mail system, yet filed in the trial court after the deadline expired. We have resolved this inequitable paradigm prospectively by amending our rules to add the prison mailbox rule, RCr 12.04(5).1

I. Background

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