Commonwealth v. Maricle

JOHNSTONE, Justice.

The Commonwealth of Kentucky petitions this Court for a writ of prohibition to prevent the trial court from enforcing its order precluding the Commonwealth from seeking the death penalty against Respondent, Donald R. Phillips. Additionally, the Commonwealth seeks a writ of mandamus to order the trial court to allow the case to proceed as a capital case. We deny the petition for prohibition as moot and deny the petition for mandamus as not being ripe for review.

Osa Lee Maggard and Geneva Young were found shot to death on Maggard’s porch in Leslie County on July 22, 1999.…