Hoskins v. Maricle

Opinion by

I concur fully with Part I of the majority opinion that returns to the Chamblee1-Bender2 standard for granting a writ of prohibition. I also concur with Part III(l). But, because I believe that RCr 6.16 and RCr 9.64, as interpreted by the majority opinion, violate the separation of powers provisions of Kentucky’s Constitution, I respectfully dissent as to Parts II, 111(2), and 111(3).

*27I. SEPARATION OF POWERS

“It is well settled law in the state of Kentucky that one branch of Kentucky’s tripartite government may not encroach upon the inherent powers granted to any other branch.”3…