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?

Judge Jack Shay suggested that criminal defense lawyers would find this recent ruling of the Ky. Supreme Court interesting. For the entire case go to 2011-SC-000157-CL
This was a published decision.

COMMONWEALTH OF KENTUCKY APPELLANT
CERTIFICATION OF LAW FROM
V. JEFFERSON DISTRICT COURT
CASE NO. 11-M-004285
MICHAEL L. WILSON APPELLEE
OPINION OF THE COURT BY JUSTICE CUNNINGHAM
CERTIFYING THE LAW
Pursuant to CR 76.37(1), this Court granted the certification request of
the Jefferson 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 Jefferson District Court through the
County Attorney on February 17, 2011. Cynthia Wilson alleged that she had
been the victim of threats from the Appellee, Michael L. Wilson, as well as a

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