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COM. v. MARICLE

No. 2000-SC-0036-OA.

15 S.W.3d 376 (2000)

COMMONWEALTH of Kentucky, Petitioner, v. Honorable R. Cletus MARICLE, Judge, Clay Circuit Court, Respondent, and Donald R. Phillips and Mary Ann Phillips, Real Parties in Interest.

Supreme Court of Kentucky.

April 20, 2000.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General of Kentucky, David A. Smith, Dana M. Todd, Assistant Attorneys General, Criminal Appellate Division, Office of the Attorney General, Frankfort, Karen M. Timmel, Bill Pettus, Assistant Attorneys General, Special Prosecutions Division, Office of the Attorney General, Frankfort, for Appellant.

R. Cletus Maricle, Judge, Clay Circuit Court, Manchester, for Respondent.

Stephan Charles, Manchester, for Donald R. Phillips.

Roger A. Gibbs, Kristen A. Bailey, Assistant Public Advocates, London, for Mary Ann Phillips.

JOHNSTONE, Justice.

The Commonwealth of Kentucky petitions this Court for a writ of prohibition to prevent the trial court from enforcing its order precluding the Commonwealth from seeking the death penalty against Respondent, Donald R. Phillips. Additionally, the Commonwealth seeks a writ of mandamus to order the trial court to allow the case to proceed as a capital case. We deny the petition for prohibition as moot and deny

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