Newkirk v. Commonwealth

OPINION OF THE COURT BY

JUSTICE VENTERS

After receiving two unfavorable pretrial rulings, the Commonwealth moved the trial court to dismiss this case. The trial court granted the motion and dismissed without prejudice. At the prosecutor’s request, the trial court also included in the written order of dismissal a recitation of the two pretrial rulings that had prompted the Commonwealth’s motion to dismiss. The Commonwealth appealed from the order of dismissal asserting that the trial court’s two pretrial rulings were erroneous. The Court of Appeals sustained the Commonwealth’s position and…