COM. v. NICELY

No. 2009-SC-000313-DG.

326 S.W.3d 441 (2010)

COMMONWEALTH of Kentucky, Appellant, v. Jarrod L. NICELY, Appellee.

Supreme Court of Kentucky.

November 18, 2010.


Attorney(s) appearing for the Case

Jack Conway , Attorney General, David Bryan Abner , Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, Counsel for Appellant.

Timothy G. Arnold , Department of Public Advocacy, Post Trial Division, Frankfort, KY, Counsel for Appellee.


Opinion of the Court by Justice NOBLE.

This case presents the question whether a defendant who serves jail time as a sanction in a drug court program, where that program is a condition of probation, is entitled to custody credit for that jail time upon a revocation of his probation. This case also presents the subsidiary question whether an adult probationer can be held in contempt for probation violations. The Court of...

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