Commonwealth v. Farmer
Annotate this CaseA grand jury indicted Appellee for one count of murder. Appellee moved to dismiss the indictment, contending that he was legally justified to act in self-defense and therefore immune from prosecution pursuant to Ky. Rev. Stat. 503.085. The trial court denied Appellee’s motion to dismiss. Appellee subsequently filed a notice of appeal. The court of appeals concluded that it had jurisdiction to consider the interlocutory appeal, holding that an order denying immunity from prosecution is immediately appealable. The Supreme Court reversed, holding (1) the court of appeals was not authorized by statute or by the Constitution to consider an appeal from an interlocutory order denying immunity pursuant to section 503.085; and (2) furthermore, the collateral order exception to the finality doctrine did not apply in this circumstance.
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