Commonwealth v. Minton
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Appellee was charged with assault in the fourth degree. Before Appellee was arrested but after an arrest warrant was issued, Appellee's attorney made an ex parte request to a different district court judge from the one who issued the arrest warrant, seeking to set the warrant aside and issue a summons. The warrant was withdrawn and a summons issued instead. The Commonwealth's request for the reinstatement of the arrest warrant was denied. Appellee later pled guilty to the charge. The Supreme Court granted the certification request of the Commonwealth to answer a question of law and answered that Kentucky law does not 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.
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