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McGINNIS v. WINE

No. 97-SC-99-MR.

959 S.W.2d 437 (1998)

Dante McGINNIS, Appellant, v. Thomas B. WINE, Judge, Jefferson Circuit Court, Appellee, and Commonwealth of Kentucky, Real Party in Interest.

Supreme Court of Kentucky.

January 22, 1998.

Attorney(s) appearing for the Case

John William Stewart, Louisville, for Appellant.

A.B. Chandler, III, Attorney General, Amy F. Howard, Assistant Attorney General Criminal Appellate Division, Frankfort, for Appellee.

JOHNSTONE, Justice.

Dante McGinnis appeals from an original action in the Court of Appeals in which he sought a writ of prohibition to prevent his retrial on the grounds of double jeopardy. This Court reversed McGinnis's conviction in the Jefferson Circuit Court for wanton murder in McGinnis v. Commonwealth, Ky., 875 S.W.2d 518 (1994). The Court of Appeals denied Appellant's petition, ruling that the jury's actions in completing...

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