Samples v. Kitchen — Kentucky Supreme Court denied writ petition and stay because the action belonged in the Court of Appeals

Case
James Ira Samples v. Honorable William Anthony Kitchen, Judge, McCracken Circuit Court, and Commonwealth of Kentucky, Real Party in Interest
Court
Supreme Court of Kentucky
Judge
Lambert, C.J.; Bisig, J.; Conley, J.; Goodwine, J.; Keller, J.; Nickell, J.; Thompson, J. (concurring in result only)
Date Decided
October 22, 2026
Docket No.
2026-SC-0115-OA
Topics
Extraordinary Writs; Appellate Jurisdiction; Criminal Procedure; Stay of Sentencing
Source
Read the full opinion

Background

James Ira Samples, proceeding without counsel, filed an original action seeking a writ of mandamus or prohibition and an immediate stay of sentencing. His petition was tendered two days before a jury convicted him of flagrant nonsupport, a Class D felony, in McCracken Circuit Court. He was sentenced to one year and nine months in prison.

Samples appeared to challenge the trial court’s refusal to let him testify that he withheld child-support payments because he believed his former wife, her husband, or both used methamphetamine and he did not want his payments funding that use. He also made general allegations of misconduct and constitutional violations involving the trial judge, prosecutor, public defender’s office, and county-jail staff.

The Court’s Holding

The Supreme Court denied the writ petition and the motion for an immediate stay because the original action was filed in the wrong appellate court. Under RAP 60(A), an original proceeding may be brought only against a judge or agency whose decisions are reviewable as of right by that appellate court. Because Samples received a sentence of less than twenty years, his direct appeal belonged in the Kentucky Court of Appeals, so any original writ action likewise had to be filed there.

The Court further held that Samples would not qualify for extraordinary relief even if the petition had been properly filed. His evidentiary challenge could be addressed on direct appeal, meaning he had an adequate alternative remedy, and his general objection to incarceration did not establish the great injustice and irreparable injury required for the type of writ he sought. The Court also denied his requests to vacate the judgment, order a new trial, disqualify the prosecutor, move the case, appoint a special judge, prevent his return to the county jail, investigate appointed counsel, and refer the trial judge to the Judicial Conduct Commission.

Key Takeaways

  • An original writ action must be filed in the appellate court that has direct appellate jurisdiction over the challenged judge’s decisions.
  • A claimed trial error that can be reviewed on direct appeal ordinarily does not justify an extraordinary writ.
  • Lambert, C.J., and Bisig, Conley, Goodwine, Keller, and Nickell, JJ., concurred; Thompson, J., concurred in the result only.

Why It Matters

The decision underscores that extraordinary-writ practice depends on both proper appellate jurisdiction and the absence of an adequate remedy by appeal. Criminal defendants generally cannot use an original writ proceeding to bypass ordinary appellate review of alleged evidentiary errors.

The opinion is designated “Not to Be Published” under RAP 40(D) and is not binding precedent, although a qualifying final unpublished Kentucky appellate opinion may be cited for consideration under RAP 41 when no published opinion adequately addresses the legal point.

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