Eaton v. Commonwealth

JONES, Justice.

The principal question for decision is whether an order of prohibition is available to test a discretionary ruling of a trial court in a pending criminal action.

Brian Schaefer was indicted for the offense of bribing a witness. Prior to trial, Schaefer’s counsel made a motion to exclude from evidence a tape-recorded conversation between Schaefer and a Jefferson County narcotics officer. Honorable Benjamin Shobe, the presiding judge, granted the motion and ruled the tape-recorded conversation inadmissible.

The Commonwealth sought an order of prohibition from the Court of Appeals…