Legal Opinion
Commonwealth v. Wilson
Kentucky Supreme Court
Decided September 20, 2012No. 2011-SC-000157-CLPublishedCited by 3 opinions
1Opinion of the Court
Opinion of the Court by
Justice CUNNINGHAM.
Pursuant to CR 76.37(1), this Court granted the certification request of the *114Jefferson County Attorney to answer the following question of Kentucky law:
Does Kentucky law authorize an ex parte motion by a criminal defendant to vacate or set aside a warrant for his or her arrest with no notice or opportunity for the Commonwealth to be heard?
The answer is an unequivocal no.
The facts giving rise to this question provide a vehicle for us to graphically depict the need to put this particular ex parte practice to rest. A criminal complaint was taken in the…
2Cases cited6 opinions
- Matter of RossSupreme Judicial Court of Maine · 1981
- MISS. COM'N ON JUDICIAL PERFORMANCE v. BowenMississippi Supreme Court · 1995
- Thomas v. Judicial Conduct CommissionKentucky Supreme Court · 2002
- Commonwealth v. WootenKentucky Supreme Court · 2008
- Storer Communications, Inc v. PresserCourt of Appeals for the Sixth Circuit · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Commonwealth v. CarmanKentucky Supreme Court · 2015
- Com. of Ky. v. CambronCourt of Appeals of Kentucky · 2018
- Commonwealth of Kentucky v. Christopher Gage BlackfordCourt of Appeals of Kentucky · 2023