Commonwealth v. Deweese

OPINION

SCHRODER, Judge.

The Commonwealth appeals from an order of the Jefferson Circuit Court denying a writ of prohibition, wherein the Commonwealth requested that the circuit court prohibit the juvenile court from ordering discovery prior to a transfer hearing held pursuant to Kentucky Revised Statutes (KRS) 635.020(4). We opine that KRS 610.342 is not a rule of discovery, that RCr 3.07 controls, and that the juvenile is not entitled to complete discovery until probable cause is established. Therefore, we reverse.

J.T., a juvenile, was charged with assault in the first degree and two counts…