Commonwealth of Kentucky, Attorney General Russell Coleman v. Toby Berry, et al.

Issues include whether the Department of Corrections correctly applied the 2024 Safer Kentucky Act (HB 5) to mandate 85 percent parole eligibility for violent offenders who committed crimes before the Act's effective date but were sentenced after it; whether applying the amended parole eligibility requirements in this manner violates KRS 446.110 or the ex post facto clauses of the Kentucky and United States Constitutions; and whether the circuit court erred in granting class certification for the inmates, considering administrative exhaustion requirements under KRS 454.415 and the prerequisites of CR 23, including numerosity, commonality, typicality, and the adequacy of representation by the Department of Public Advocacy. Oral arguments heard on Oct. 15, 2026.