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SHAFFER v. MORGAN

No. 91-SC-091-MR.

815 S.W.2d 402 (1991)

Jack SHAFFER, Appellant, v. Hon. Phillip R. MORGAN, Judge, Russell Circuit Court; Hon. George Muehlenkamp, Special Judge, Russell Circuit Court; Hon. Charles Luker, Chief Regional Judge, Cumberland Region; and Commonwealth of Kentucky, Real Party in Interest, Appellees.

Supreme Court of Kentucky.

September 26, 1991.

Attorney(s) appearing for the Case

Allison Connelly, Asst. Public Advocate, Dept. of Public Advocate, Frankfort, for appellant.

Frederic J. Cowan, Atty. Gen., Joseph R. Johnson, Asst. Atty. Gen., Frankfort, for appellees.

OPINION AND ORDER

The sole issue in the case at bar is the effect of the dismissal of a criminal indictment "with prejudice."

Appellant, Shaffer, is before this Court pursuant to CR 76.36(7)(a) which provides for a direct appeal to the Supreme Court "as a matter of right from a judgment or final order in any proceeding originating in the Court of Appeals." Id.

The appellant petitioned the Court of Appeals, in an original action, for a writ...

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