LARRY R. ORDWAY V. JAMES M . SHAKE, JUDGE, JEFFERSON CIRCUIT COURT AND COMMONWEALTH OF KENTUCKY
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IMPOR 'ANT NOTICE
NOT TO BE PUBLISHED OPINION
THIS OPINIONIS DESIGNA TED "NOT TO BE
PUBLISHED." PURSUANT TO THE RULES OF
CIVIL PR OCED URE PROMUL GA TED BY THE
SUPREME COURT, CR 76.28 (4) (c), THIS OPINION
IS NOT TO BE PUBLISHED AND SHALL NOT BE
CITED OR USED AS A UTHORITY INANY OTHER
CASE INANY CO URT OF THIS STA TE.
RENDERED : OCTOBER 21, 2004
NOT TO BE PUBLISHED
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2004-SC-0163-MR
D
LARRY R. ORDWAY
APPELLANT
APPEAL FROM COURT OF APPEALS
V.
2003-CA-2031-OA
JEFFERSON CIRCUIT COURT NO . 2001-CR-2889
JAMES M . SHAKE, JUDGE,
JEFFERSON CIRCUIT COURT
APPELLEE
AND
COMMONWEALTH OF KENTUCKY
REAL PARTY IN INTEREST
MEMORANDUM OPINION OF THE COURT
AFFIRMING
Appellant, Larry Ordway, appeals a decision from the Court of Appeals denying
his petition for a writ to prohibit the trial court from trying him . The trial is a retrial of a
case that ended in a mistrial . Appellant argues that the retrial violates his constitutional
right to not "be twice put in jeopardy" for the same offense . But the retrial is over,
Appellant was convicted, and sentence has been imposed .
Therefore, we affirm the decision of the Court of Appeals .
All concur.
COUNSEL FOR APPELLANT :
Larry R. Ordway #124634, pro se
Eastern Kentucky Correctional Complex
200 Road to Justice
West Liberty, KY 41472
COUNSEL FOR APPELLEE:
James M. Shake, Judge
Jefferson Circuit Court
Jefferson County Judicial Center
700 West Jefferson Street
Louisville, KY 40202
COUNSEL FOR REAL PARTY IN INTEREST :
Gregory D. Stumbo
Attorney General of Kentucky
Jeanne Deborah Anderson
Special Assistant Attorney General
514 W. Liberty Street
Louisville, KY 40202
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