John W. Ault v. Commonwealth - Opinion Dismissing Appeal
Summary
The Kentucky Court of Appeals issued an opinion dismissing the appeal of John W. Ault. The court found Ault's challenge to the denial of his motion to vacate his convictions moot because he has already served his sentence. The appeal stemmed from his conviction for unlawful use of electronic means to induce a minor and possession of child pornography.
What changed
The Kentucky Court of Appeals has dismissed the appeal filed by John W. Ault concerning the denial of his motion to file an amended RCr 11.42 motion to vacate his convictions. The court determined that Ault's appeal is moot because he has completed serving his sentence. Ault was convicted of unlawful use of electronic means to induce a minor and possession of matter portraying a sexual performance by a minor, and sentenced to two years imprisonment.
This dismissal means that Ault's legal challenge to his convictions based on ineffective assistance of counsel is no longer actionable through this appeal. The ruling highlights the importance of timely appeals and the principle of mootness in legal proceedings, particularly when the appellant has satisfied the sentence imposed. No further actions are required from regulated entities based on this specific court opinion, as it pertains to an individual case outcome.
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March 27, 2026 Get Citation Alerts Download PDF Add Note
John W. Ault v. Commonwealth
Court of Appeals of Kentucky
- Citations: None known
- Docket Number: 2024-CA-0678
- Precedential Status: Non-Precedential
- Judges: McNeill
Disposition: OPINION DISMISSING
Disposition
OPINION DISMISSING
Combined Opinion
RENDERED: MARCH 27, 2026; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2024-CA-0678-MR
JOHN W. AULT APPELLANT
APPEAL FROM LINCOLN CIRCUIT COURT
v. HONORABLE TERESA WHITAKER, JUDGE
ACTION NOS. 19-CR-00094 AND 20-CR-00001
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION
DISMISSING
BEFORE: CALDWELL, MCNEILL, AND MOYNAHAN, JUDGES.
MCNEILL, JUDGE: John W. Ault (Ault) appeals from the Lincoln Circuit Court’s
denial of his Motion for Leave to File an Amended RCr1 11.42 Motion to Vacate
and Addendum to Motion to Vacate. Because Ault has served his sentence, his
1
Kentucky Rules of Criminal Procedure.
challenge to the denial of his RCr 11.42 motion is moot. Accordingly, this appeal
is hereby dismissed.
BACKGROUND
Ault text messaged a 12-year-old girl attempting to induce her to
engage in sexual activity. When she revealed this information to her father, he
contacted local law enforcement officials. With the father’s consent, a Deputy
Sherriff took possession of the girl’s phone and continued the conversation with
Ault through text messages. The deputy, posing as the daughter, told Ault that she
was 12 years old. After additional correspondence the deputy and Ault arranged a
meeting. When he showed up to meet her, he was arrested.
A search of his phone revealed images of minors portraying a sexual
performance. Ault was indicted on September 30, 2019, on one count of unlawful
use of electronic means to induce a minor to engage in sexual activities. He was
subsequently charged with possession of matter portraying a sexual performance
by a minor.
On January 10, 2020, Ault pleaded guilty to both charges. The
Commonwealth recommended a sentence of one year on each offense to be served
consecutively for a total of two years. Ault was formally sentenced on March 13,
- He filed a motion for shock probation in April 2020, which was denied.
Ault was released from prison on October 3, 2021. Ault subsequently filed an RCr
-2-
11.42 motion to vacate his Lincoln County convictions. Therein, he alleged
ineffective assistance of counsel (IAC), claiming that his trial counsel was
deficient in not pursuing an entrapment defense and coercing him to enter a guilty
plea. His RCr 11.42 motion was denied in an order entered on March 31, 2023.
ANALYSIS
After the trial court denied Ault’s original RCr 11.42 motion to vacate
his sentence, he filed a motion to amend his RCr 11.42 motion, which was also
denied. Ault now appeals from the order denying his motion to amend, but not the
order denying his original motion to vacate. Thus, the Commonwealth argues that
we should not address issues concerning the original RCr 11.42 motion. Indeed,
we need not address the merits of that original motion, or the motion to amend.
The Kentucky Supreme Court has definitively held that relief under RCr 11.42 is
unavailable to a movant who has completed his sentence. Parrish v.
Commonwealth, 283 S.W.3d 675, 677 (Ky. 2009). See also, e.g., Wyatt v.
Commonwealth, No. 2020-CA-0564-MR, 2021 WL 5141908, at *2 (Ky. App.
Nov. 5, 2021) (“because Wyatt has served out his sentence, he cannot claim relief
via RCr 11.42”). The record in the present case contains a “Kentucky Department
of Corrections Release Notification” indicating that Ault was released from
incarceration for the crimes he committed in this case on October 3, 2021.
-3-
CONCLUSION
Because service of Ault’s sentence has rendered moot his challenge to
the denial of RCr 11.42 relief, this appeal is hereby DISMISSED.
ALL CONCUR.
BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE:
John W. Ault, pro se Russell Coleman
La Grange, Kentucky Attorney General of Kentucky
Joseph A. Beckett
Assistant Attorney General
Frankfort, Kentucky
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