Tuesday, January 18, 2005

Commonwealth barred from prosecuting juvenile for failure to prove breach of cooperation/immunity agreement

In Lampkins v. Com., the Court of Appeals in an opinion by Judge Frank joined by Chief Judge Fitzpatrick and Judge Bumgardner held that where the appellant/juvenile had cooperation/immunity agreement, the Commonwealth could not obtain a direct indictment in circuit court without proving violation of the agreement, which it did not do.

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