CRIMINAL LAW: Peters v. Commonwealth (COA 1/8/2010)

Peters v. Commonwealth
2008-CA-001857 01/08/2010 2010 WL 45888

Opinion by Chief Judge Combs; Judge Taylor and Senior Judge Henry concurred. The Court reversed and remanded a writ of prohibition issued by the circuit court against the district court after the district court ordered the Commonwealth to produce an arresting officer for a pretrial conference. The Court first held that the Commonwealth did not have an adequate remedy by appeal as KRS 23A.080 only allowed for an appeal from a final action of the district court and the order did not dispose of the ultimate issue of appellant’s guilt of driving under the influence and did not include finality language. However, the Court then held that the potential results enumerated by the circuit court and the Commonwealth did not qualify as great and irreparable harm but rather, were highly speculative and generalized. The district court properly acted within the scope of its discretion under