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DUNAGAN v. COM.

No. 1998-SC-08030-DG.

31 S.W.3d 928 (2000)

Mark DUNAGAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

November 22, 2000.

Attorney(s) appearing for the Case

Norman R. Lemme, Patrick B. McClure, Lemme & Conway, Shepherdsville, Counsel for Appellant.

A.B. Chandler III, Attorney General, Courtney J. Hightower, Assistant Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee.

GRAVES, Justice.

The Bullitt Circuit Court entered an order dismissing an indictment against Mark Dunagan for flagrant non-support, KRS 530.050, on double jeopardy grounds. The Court of Appeals vacated the circuit court's order and remanded for trial. We granted discretionary review and affirm the Court of Appeals.

While the Court of Appeals focused on the nature of the contempt proceeding, namely whether it was civil or criminal, we are of the opinion that...

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