NEWKIRK v. COMMONWEALTH

2014-SC-000749-DG.

505 S.W.3d 770 (2016)

Garry W. NEWKIRK, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

December 15, 2016.


Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Daniel T. Goyette , Elizabeth B. McMahon , Office of the Louisville Metro Public Defender.

COUNSEL FOR APPELLEE: Andy Beshear , Attorney General of Kentucky, Dorislee J. Gilbert , Special Assistant Attorney General.


After receiving two unfavorable pretrial rulings, the Commonwealth moved the trial court to dismiss this case. The trial court granted the motion and dismissed without prejudice. At the prosecutor's request, the trial court also included in the written order of dismissal a recitation of the two pretrial rulings...

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