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COM. v. BUSHART

No. 2010-CA-000290-MR.

337 S.W.3d 666 (2011)

COMMONWEALTH of Kentucky, Appellant, v. Michael BUSHART, Appellee.

Court of Appeals of Kentucky.

April 8, 2011.

Attorney(s) appearing for the Case

Jack Conway , Attorney General of Kentucky, James C. Shackleford , Assistant Attorney General, Frankfort, KY, for appellant.

Bryan E. Wilson , Mayfield, KY, for appellee.

Before KELLER and LAMBERT, Judges; SHAKE, Senior Judge.

OPINION

LAMBERT, Judge:

The Graves Circuit Court dismissed a reckless homicide indictment after determining there was no probable cause to believe the shooting was not justified as self-defense. The Commonwealth appeals as a matter of right. After careful review, we reverse and remand for proceedings consistent with this opinion.

In the early morning hours of January 7, 2007, Michael Bushart was staying at the home of his girlfriend, Jacqueline...

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