Doss v. McDonald

Summary

The Kentucky Supreme Court held that a district court’s finding of incompetency and resulting postponement of proceedings under RCr 8.06 did not prevent a grand jury from returning an indictment. Because a defendant does not participate in grand jury proceedings, the competency-based postponement requirement applies only to proceedings occurring after arraignment. The court affirmed the denial of the defendant’s petition for a writ of prohibition.

Holdings

1. RCr 8.06 does not postpone a circuit-court grand jury proceeding because the rule applies to proceedings occurring after arraignment, while a grand jury indictment occurs before arraignment. The indictment was therefore proper.
2. A writ of prohibition was unwarranted because Doss did not show that the circuit court was acting outside its jurisdiction, that it was acting incorrectly under circumstances involving great injustice and irreparable injury, or that she lacked an adequate remedy.

Questions Presented

1. Whether RCr 8.06's requirement that proceedings be postponed when a defendant's competency is in question prevents a grand jury from returning an indictment before the defendant's circuit-court arraignment.
2. Whether Doss was entitled to a writ of prohibition preventing the Jefferson Circuit Court from proceeding with the prosecution.

Disposition

affirmed