Christopher Peyton v. Ravonne Sims, Warden, et al.
Environmental SocialSecurity Immigration
Does incarceration sever a person's right to maintain familiar bonds through some form of visitation?
QUESTIONS PRESENTED Does incarceration sever a person’s right to maintain : ; | "their familiar bonds through some form of visitation? = . _Were Petitioner’s Due Process Rights violated when ' the Department of Corrections permanently: banned : ' his mother from visiting without considering the impact to his rehabilitation? Did the state courts abuse their discretion when (a.) , . the Franklin Circuit Court denied Petitioner’s motion to supplement and (b.) the Kentucky Court of , Appeals passed on Petitioner's claim? , . oS /LISTOFPARTIES ~~ All parties appear in the caption of the case on the we, .. cover page...a ee oe e Peyton v. Sims Et al, No. 17-CI-01227, : Franklin Circuit Court. Judgement Entered June 15, 2018. Do © Peyton _v. Sims, 585 S.W. 34 250, No. 2018, : 001062-MR, Kentucky Court of Appeals. Judgement | Entered February 15, 2019. | : e Peyton v. Sims, 2019 Ky. LEXIS 476, No. 2019°SC-000290-D, Kentucky Supreme Court. . , . Judgement Entered October 24, 2019. " Be JURISDICTION 7 The Kentucky Supreme Court Denied Discretionary . ee Review on October 24, 2019. The jurisdiction of this .. Lo : Court is invoked under 28 U.S.C. §1257(a) : : _ '"“Final judgments or decreés rendered ~ : : by the highest court of a State in which a decision could be had, may be : reviewed by the Supreme Court: by writ : ; , of certiorari where the validity of a treaty or statute of the United States is dtawn in question or where the validity ; of a statute of any State is drawn in ; question on the ground of its being ; repugnant to the Constitution, treaties, or laws of the United States, or where ; any title, right, privilege, or immunity is specially set up or claimed under the : Constitution or the treaties or statutes ; of, or any commission held or authority exercised under, the United States.” : CONSTITUTIONAL AND . STATUTORY PROVISIONS INVOLVED . Fourteenth Amendment to the United States . Constitution, Section 1 . “All persons born or naturalized in the United States, and subject to the , . iii SO “jurisdiction thereof, are citizens of the ~ : United States and.of the State wherein they reside. No State shall make or : . . enforce any law which shall abridge the +s = privileges. or immunities of citizens of. a : the United States; nor shall any State’ : deprive any person of life, liberty, or . property, without due process of law; ; : . nor deny to any person within its : ; . jurisdiction the equal protection of the ; ; laws.” ; , Eighth amendment to the United States Constitution ; “Excessive bail shall not be required, nor excessive fines imposed, nor cruel . and unusual punishments inflicted.” : Kentucky Revised Statutes §532.007 “Tt is the sentencing policy of the Commonwealth of Kentucky that: (1) : The primary objective of sentencing shall be to maintain public safety and hold offenders accountable while . reducing recidivism and _ criminal behavior and improving outcomes for those offenders who are sentenced; (2) ; Reduction of recidivism and criminal . behavior is a key measure of the ; performance of the criminal justice ; system; (3) Sentencing judges shall . consider: (a) Beginning July 1, 2013, the results of a defendant’s risk and needs iv : 7 assessment included in the presentence investigation; and (b) The likely impact of a potential sentence on the reduction ; ; ; of the defendant’s potential future ~ So, os ns ls. =: eriminal behavior; (4) All supervision 0.205 22 0 0 om. and treatment programs provided for F defendants shall utilize evidence-based ; ‘practices to reduce’ the likelihood of future criminal behavior; and (5) All: ~~ ~~ 7 : , supervision and treatment programs . ‘ . shall be evaluated at regular intervals ; ; to measure and ensure reduction of \ ; criminal behavior by defendants in the . criminal justice system.” ; : : ; .