Peterson v. Shake

I respectfully dissent. If the procedural prerequisites1 for a writ are satisfied, “whether to grant or deny a petition for a writ is within the appellate court’s discretion.” 2 However, unless the petition alleges a double jeopardy bar,3 a court may grant extraordinary relief only when the party seeking the writ satisfies the threshold requirements for such relief.4 Thus, “[djiscretion is not properly exercised when the appropriate remedy is to appeal.” 5 In the case at bar, if Appellant is convicted of the felony offense, he will be able to litigate his KRS 17.510 claim in an appeal from…