Commonwealth of Kentucky v. Hon. Audra J. Eckerle, Judge, Jefferson Circuit Court, and William Bennett, Real Party…

Summary

The Kentucky Supreme Court held that the circuit judge acted erroneously by scheduling a full evidentiary hearing on a self-defense immunity claim without first reviewing the existing discovery and video evidence to determine whether probable cause supported the conclusion that the force was unlawful. Because compelling pretrial testimony could not be undone and the procedure threatened orderly judicial administration, the Court granted a writ and directed issuance by the Court of Appeals. Justice Keller concurred in the result while stating that a hearing may be appropriate as a last step if the record is insufficient, and Justice Venters, joined by Justice Cunningham, dissented on the ground that the trial judge retained discretion to hear live testimony.