Kentucky Supreme Court March 18, 2010, 2009-SC-000428-TG (Foley v. Commonwealth)

Opinion of the Court by

Justice VENTERS.

Robert Carl Foley appeals from a Franklin Circuit Court order denying his petition for declaratory judgment pursuant to KRS 418.040. In his petition Foley sought to have Kentucky’s self-defense statutes as they existed at the time of his 1991 trial (and to the extent they now remain inconsistent with KRS 503.