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ROSEN v. WATSON

No. 2002-SC-0057-MR.

103 S.W.3d 25 (2003)

Hon. Marc I. ROSEN, Judge, Boyd Circuit Court, Appellant, and Commonwealth of Kentucky (Real Party in Interest), Appellant, v. Joseph WATSON, Appellee.

Supreme Court of Kentucky.

April 24, 2003.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Perry T. Ryan, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, for Appellants Hon. Marc I. Rosen, Judge, Boyd Circuit Court and Commonwealth of Kentucky (Real Party in Interest).

Dennis Stutsman, Department of Public Advocacy, Appellate Branch Manager, Linda Roberts Horsman, Department of Public Advocacy, Frankfort, for Appellee.

Opinion of the Court by Justice COOPER.

Appellee Joseph Watson is charged with escape in the second degree, a Class D felony, KRS 520.030(2). After the Boyd Circuit Court denied his motion to dismiss for failure to comply with his request for final disposition, KRS 500.110, Appellee petitioned the Court of Appeals for relief pursuant to CR 76.36. The Court of Appeals granted the petition and issued a writ prohibiting the Boyd Circuit Court from continuing the prosecution...

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