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COM. v. WILSON

No. 2011-SC-000157-CL.

384 S.W.3d 113 (2012)

COMMONWEALTH of Kentucky, Appellant, v. Michael L. WILSON, Appellee.

Supreme Court of Kentucky.

Rehearing Denied December 20, 2012.

Attorney(s) appearing for the Case

Jack Conway , Attorney General, Michael J. O'Connell , Jefferson County Attorney, David A. Sexton , Assistant Jefferson County Attorney, St. Louisville, KY, for appellant.

Joseph V. Aprile, II , Lynch, Cox, Gilman & Goodman, P.S.C., Louisville, KY, for appellee.

Raymond David Stengel , Commonwealth Attorney, Dorislee J. Gilbert , Special Assistant Attorney General, Louisville, KY, for Amicus Curiae, R. David Stengel Commonwealth's Attorney for the 30th Judicial Circuit.

David S. Hoskins , Kentucky Association of Criminal Defense Lawyers, Corbin, KY, for Amicus Curiae, Kentucky Association Of Criminal Defense Attorneys.

Opinion of the Court by Justice CUNNINGHAM.

Pursuant to CR 76.37(1), this Court granted the certification request of the Jefferson County Attorney to answer the following question of Kentucky law:

Does Kentucky law authorize an ex parte motion by a criminal defendant to vacate or set aside a warrant for his or her arrest with no notice or opportunity for the Commonwealth to be heard?

The answer...

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