MASCHENIK v. GOFF

No. 92-SC-12-MR.

837 S.W.2d 891 (1992)

Paul MASCHENIK, Sr., Appellant, v. Kenneth H. GOFF, Judge, Meade Circuit Court, and Commonwealth of Kentucky (Real Party In Interest), Appellees.

Supreme Court of Kentucky.

As Amended September 17, 1992.

Case Ordered Published by Supreme Court September 17, 1992.


Attorney(s) appearing for the Case

Alec G. Stone, Brandenburg, for appellant.

Chris Gorman, Atty. Gen., Dina Abby Jones, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellees.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which denied Maschenik a writ of prohibition which he sought to prevent the Commonwealth Attorney from proceeding with a prosecution for sodomy against him.

The sole issue is whether the Court of Appeals erred in denying Maschenik's request for a writ of prohibition because a binding agreement between the defendant and the Commonwealth Attorney was in existence which would have...

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