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HOSKINS v. MARICLE

No. 2002-SC-0579-MR.

150 S.W.3d 1 (2004)

Wanda HOSKINS; and David Paul Smith, Appellants, v. R. Cletus MARICLE, Clay Circuit Court, Judge, Appellee. and Commonwealth of Kentucky (Real Party in Interest) Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing December 16, 2004.

Attorney(s) appearing for the Case

Stephan Charles, Manchester, Counsel for Appellant Wanda Hoskins.

Marcus S. Carey, Erlanger, Counsel for Appellant David Paul Smith.

R. Cletus Maricle, Manchester, pro se, Counsel for Appellee R. Cletus Maricle, Clay Circuit Court Judge.

Gregory D. Stumbo, Attorney General, Karen M. Timmel, Assistant Attorney General, Brian T. Judy, Assistant Attorney General, Frankfort, Counsel for Real Party in Interest Appellee Commonwealth of Kentucky.

Opinion of the Court by Justice COOPER.

Appellants, Wanda Hoskins and David Paul Smith, petitioned the Court of Appeals for a writ prohibiting Appellee, R. Cletus Maricle, judge of the Clay Circuit Court, from ordering a retrial of their indictments for murder and abuse of a corpse and directing him to approve the plea agreements that they negotiated with a special prosecutor. The Court of Appeals denied the writ and they appeal to this Court as a matter of right...

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