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BRITT v. COM.

Nos. 97-SC-285-DG, 97-SC-283-DG.

965 S.W.2d 147 (1998)

Brad Joseph BRITT, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Andre Leshawn MORRIS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

March 19, 1998.

Attorney(s) appearing for the Case

Mark Wettle, Appellate Public Advocate, Louisville, for Appellant, Brad Joseph Britt.

J. David Niehaus, Frank W. Heft, Jr., Jefferson District Public Defender, Louisville, for Appellant, Andre Leshawn Morris.

A.B. Chandler, III, Attorney General, Frankfort, David R. Stengel, Jefferson County Commonwealth Attorney, A.C. McKay Chauvin, Assistant Jefferson County Commonwealth Attorney, Louisville, for Appellee, Commonwealth of Kentucky, No. 97-SC-283-DG (Britt).

A.B. Chandler, III, Attorney General, Vickie L. Wise, Assistant Attorney General, Criminal Appellate Division, Perry T. Ryan, Assistant Attorney General, Criminal Appellate Division, Frankfort, for Appellee, Commonwealth of Kentucky, No. 97-SC-285-DG (Morris).

STUMBO, Justice.

Although not consolidated for oral argument, these two cases were argued before the Court on the same day and involve the same issue. The Court, therefore, will resolve both cases in this single opinion.

Appellant Andre Leshawn Morris was arrested in February of 1995 for the robbery of an ice cream shop at gunpoint. He was sixteen years old at the time of the robbery. A juvenile petition was filed on February 22, 1995, and a probable cause...

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