Lovett v. Commonwealth

I dissent from Part III of the majority opinion — and I vote to reverse the Marshall Circuit Court’s judgment and to remand this case for the trial court to vacate Appellant’s conditional Alford plea — because the trial court’s finding that “the Commonwealth has shown that [the confidential informant] is unavailable for the trial of this matter which is scheduled to begin October 18, 2000” is clearly erroneous. Although the majority opinion correctly observes that this issue comes before the Court in an abnormal procedural posture, the trial court’s unavailability determination permitted the…