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473 S.W.2d 147

Powell v. Walden

Court of Appeals of Kentucky

Decided November 19, 1971

Court of Appeals of Kentucky · decided 1971-11-19

Cited by 3 later decisions — most recently December 1980

3 state decisions

Key passage — most relied on by later courts

““The only plausible interpretation of the phrase ‘exclusive jurisdiction’ is that the circuit court shall be the only tribunal to conduct the trial of the case. The statute precludes the quarterly court, which under other statutes would have triable jurisdiction of misdemeanors, from trying any case under this statute. To interpret the statute as meaning the quarterly court cannot conduct the usual preliminary proceedings is to read into it something that simply is not there. Petitioner cites no pertinent authority upholding his position.””

quoted by 1 later decision, including Powell v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1971-11-19

View the full empirical analysis of this case →

GARDNER, Commissioner.

¶1Petitioner is under indictment of the Barren Circuit Court on two counts charging illegal possession of dangerous drugs for the purpose of sale and simple illegal possession of dangerous drugs. He is asking this court to prohibit the circuit judge from proceeding with the trial. His argument is novel and without merit.

¶2KRS 217.995(9) provides: “The circuit court shall have exclusive jurisdiction of all prosecutions under this Act, except prosecutions within the jurisdiction of the juvenile court.” Since the statute provides that the circuit court shall have exclusive jurisdiction, petitioner contends that the issuance of the search warrant, the arrest of the petitioner, and the conducting of.the examining trial were illegal because the proceedings took place in the Barren Quarterly Court.

¶3The only plausible interpretation of the phrase “exclusive jurisdiction” is that the circuit court shall be the only tribunal to conduct the trial of the case. The statute precludes the quarterly court, which under other statutes would have triable jurisdiction of misdemeanors, from trying any case under this statute. To interpret the statute as meaning the quarterly court cannot conduct the usual preliminary proceedings is to read into it something that simply is not there. Petitioner cites no pertinent authority upholding his position.

¶4Petitioner also contends that if the circuit judge is not prohibited from trying the case he will receive irreparable injury because the “exclusive” provision would *148preclude his right of appeal. This contention is also entirely without merit.

¶5The motion for an order of prohibition is denied.

All concur.
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