McGinnis v. Wine

JOHNSTONE, Justice.

Dante McGinnis appeals from an original action in the Court of Appeals in which he sought a writ of prohibition to prevent his retrial on the grounds of double jeopardy. This Court reversed McGinnis’s conviction in the Jefferson Circuit Court for wanton murder in McGinnis v. Commonwealth, Ky., 875 S.W.2d 518 (1994). The Court of Appeals denied Appellant’s petition, ruling that the jury’s actions in completing certain not guilty verdicts were unauthorized and constituted mere surplusage. We agree.

McGinnis fatally shot Antonio Miller on February 8, 1990. He claimed…