GIBSON v. COM.

No. 2007-SC-000481-DG.

291 S.W.3d 686 (2009)

Shannon GIBSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied October 1, 2009.


Attorney(s) appearing for the Case

James F. Dinwiddie, Leitchfield, KY, Counsel for Appellant.

Jack Conway, Attorney General, David Wayne Barr, Assistant Attorney General, Office of the Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellee.


Opinion of the Court by Justice VENTERS.

This is an appeal from a Court of Appeals decision affirming the dismissal without prejudice of a criminal indictment against Appellant, Shannon Gibson. The issue presented is whether a trial court has the authority, over objection of the Commonwealth, to designate the pretrial dismissal of a criminal case as "with prejudice." We find that the trial court does not have such authority, and affirm the Court of Appeals.

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