Commonwealth of Kentucky v. Reneer, 734 S.W.2d 794 (1987)
Kentucky Supreme Court's decision: https://law.justia.com/cases/kentucky/supreme-court/1987/86-sc-780-cl-1.html
John Edgar Reneer was indicted for the offense of first-degree sodomy and as a first-degree felony offender. The trial court ruled that the provisions of KRS 532.055 relating to a bifurcated trial in felony cases were unconstitutional because the statute attempted a legislative infringement upon the power of the Supreme Court to prescribe rules of practice and procedure, thus violating Section 28 of the Kentucky Constitution relating to the separation of powers of the three branches. The Supreme Court the law invaded the province of the judicial branch but accepted it under the principle of comity.
[1] Appellant’s [Movant’s] Brief (December 22, 1986)
NOTE: (Appendix includes: Indictment; Opinion and Order; Order of Trial; Court's Instructions & Jury Verdict; Kentucky Acts Chapter 358; Committee Substitute to House Bill 76; Committee Amendment to House Committee Substitute to House Bill 76; Floor Amendment to House Committee Substitute to House Bill 76 and; Todd v. State, 228 Ga. 746, 187 S.E.2d 831 (1972) )
[2] Appellee’s [Respondent’s] Brief (January 21, 1987)
[3] Appellant’s [Movant’s] Reply Brief (February 4, 1987)
NOTE: (Appendix includes: Illinois Annotated Statutes, Chapter 1, Section 1103; Mississippi Code Annotated; Oklahoma Statutes Annotated, Title 22, Section 860; Excerpt From Texas Articles and; Excerpt from The National Law Journal)
[4] Amicus Briefs for Jefferson District Public Defender (March 6, 1987)
