Summit v. Mudd

WINTERSHEIMER, Justice.

This appeal is from an order entered by the Court of Appeals denying Summit’s petition for a writ of mandamus and/or prohibition, whereby he sought relief from the trial court’s refusal to disqualify the entire Commonwealth Attorney’s office for Jefferson County, from prosecuting his case. Summit is charged with second-degree burglary and second-degree persistent felony offender.

The issue is whether the ethical rules, case law and statutory considerations require that the entire office of the Commonwealth Attorney be disqualified from participating in the prosecution of…