We represented the Office of the Governor in an appeal concerning the scope of the Governor’s constitutional pardoning power. We prevailed 4-2 in the Kentucky Supreme Court in a case of first impression. We successfully argued that the Governor’s pardoning power includes the power to pardon whole classes of individuals, in addition to pardoning individuals by name, and that the effect of such a pardon is to preclude grand jury indictments, as well as criminal prosecution. We also prevailed on the argument that the effect of the Governor’s amnesty was to prevent a state grand jury from naming amnestied individuals who could not be indicted in a grand jury report.
Fletcher v. Graham