COM. v. BURGE

Nos. 92-SC-287-DG, 92-SC-873-TG and 92-SC-896-TG.

947 S.W.2d 805 (1996)

COMMONWEALTH of Kentucky, Appellant, v. Roger Keith BURGE, Appellee, Gary E. HERRIFORD, Appellant, v. COMMONWEALTH of Kentucky, Appellee, COMMONWEALTH of Kentucky, Appellant, v. Kenny EFFINGER, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing June 19, 1997.


Attorney(s) appearing for the Case

Wallace N. Rogers, Mulhall, Turner, Hoffman & Coombs, Louisville, for Roger Keith Burge.

Daniel T. Goyette, Louisville, Frank W. Heft, Jr., Chief Appellate Defender of the Jefferson District Public Defender, Louisville, for Gary E. Herriford and Kenny Effinger.

A.B. Chandler, III, Attorney General, Lana Grandon, Todd D. Ferguson, Assistant Attorneys General, Criminal Appellate Division, Frankfort, John Balliet, Special Assistant Attorney General, C. Lloyd Vest, II, Assistant Attorney General, Louisville, for Commonwealth of Kentucky.


OPINION OF THE COURT

We have consolidated these appeals because they present the common issue of whether a finding of criminal contempt for violation of a domestic violence order [hereinafter DVO], issued pursuant to KRS 403.750, or for violation of a restraining order issued in a dissolution of marriage case, can bar a criminal prosecution on double jeopardy grounds. In each case, the individual involved was sentenced to a term of imprisonment on the contempt citation...

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