Commonwealth v. Arnette

WINTERSHEIMER, Justice.

The question to be certified is whether a district court has jurisdiction to hold a preliminary hearing on a misdemeanor and refer that misdemeanor to the grand jury if the misdemeanor is joined with a felony.

A subsidiary question is whether a double jeopardy situation is created when the district court conducts such a preliminary hearing.

Arnette was arrested and charged with sexual abuse in the first degree, a Class D felony pursuant to KRS 510.110, and ter-roristic threatening, a Class A misdemean- or, pursuant to KRS 508.080. The district court judge heard testimony…