Myers v. Commonwealth

At Kenneth Myers's (defendant) preliminary hearing on rape and assault charges, the complaining witness testified and merely repeated the accusations; before Myers's counsel could finish cross-examining her or introduce a medical report and psychiatric evaluation of the witness, the judge cut off the hearing, declaring there was already enough evidence for probable cause over Myers's objection. Myers petitioned to vacate the probable-cause finding, arguing his statutory rights to confrontation and to present evidence had been violated, while the state argued the judge had discretion to find probable cause based solely on the state's evidence.