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KIRBY v. COM.

No. 2003-CA-000406-MR.

132 S.W.3d 233 (2004)

Timothy KIRBY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

April 2, 2004.

Attorney(s) appearing for the Case

Timothy Kirby, West Liberty, pro se.

Albert B. Chandler III, Attorney General, Tami Allen Stetler, Assistant Attorney General, Frankfort, KY, for appellee.

Before GUIDUGLI, MINTON, and VANMETER, Judges.

OPINION

MINTON, Judge.

Timothy Kirby appeals the denial by the circuit court of his motion under Kentucky Revised Statutes (KRS) 439.3402 to be considered a victim of domestic violence and, therefore, exempt from the severe limitations on parole eligibility contained within KRS 439.3401. The circuit court did not hold an evidentiary hearing on Kirby's motion, and it did not explain its reasoning for denying...

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