FRANKFORT — Kentucky Attorney General Russell Coleman pressed a Franklin County judge on Tuesday for a ruling in a civil case that has effectively halted executions in the commonwealth for nearly two decades.
What the attorney general is asking
Coleman’s office filed a motion asking Judge Phillip Shepherd for a status update on the judge’s pending opinion in the case brought by Ralph Baze. The filing notes that more than 90 days have passed since a March 30 hearing in which Shepherd said he would take Coleman’s request under submission.
The case challenges the constitutionality of the death penalty and stems from convictions in the 1990s. Prosecutors say dismissing the civil lawsuit would allow the state to move forward with executions and call such a dismissal a "significant victory for the rule of law." The attorney general also reminded the court of statutory options to seek relief from higher courts if a timely ruling is not forthcoming.
"As the court well knows, the commonwealth seeks to end this 20-year litigation as expeditiously as possible," prosecutors wrote in their July filing.
Background and stakes
The legal fight traces to a 2007 U.S. Supreme Court action that temporarily halted capital punishment nationwide while it considered an appeal related to Baze. Although the high court later allowed executions to resume in several states, Baze’s civil litigation continued. In 2010, Shepherd issued another order that again halted executions in Kentucky as part of the proceedings in the Baze matter.
If Shepherd dismisses the civil suit, state prosecutors say it could clear a path for executions to resume. If he does not act, the attorney general has signaled he may ask intermediate or supreme courts to compel a decision.
Key dates
| Date | Event |
|---|---|
| 2007 | U.S. Supreme Court halted executions nationwide while considering Baze appeal |
| 2010 | Franklin Circuit Judge Phillip Shepherd issued an order halting executions in Kentucky tied to the case |
| March 30, 2026 | Hearing where Shepherd took Coleman’s dismissal request under submission |
| July 2026 | Coleman’s office filed a motion asking for a status update after more than 90 days without a ruling |
Why this matters to Kentucky
- The case has kept executions from moving forward in the state for nearly 20 years, affecting victims' families, defendants on death row and the criminal justice system.
- A dismissal could prompt renewed legal and administrative steps to carry out death sentences; a continued delay could lead the attorney general to seek action in higher courts.
The filing reflects the state’s push to resolve prolonged litigation that prosecutors say undermines timely enforcement of justice. Coleman’s motion asks the court to provide clarity on when, or whether, a ruling will be issued so the commonwealth can determine its next steps.
