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COM. v. MARSHALL

Nos. 2009-SC-000229-DG, 2010-SC-000348-DG, 2009-SC-000589-DG.

345 S.W.3d 822 (2011)

COMMONWEALTH of Kentucky, Appellant/Cross-Appellee, v. Randy MARSHALL, Appellee/Cross-Appellant. and Commonwealth of Kentucky, Appellant, v. Mark Johnson, Appellee.

Supreme Court of Kentucky.

August 25, 2011.

Attorney(s) appearing for the Case

Jack Conway , Attorney General of Kentucky, Joshua D. Farley , Assistant Attorney General, Attorney General's Office, Office of Criminal Appeals, William Robert Long, Jr. , Assistant Attorney General, Criminal Appellate Division, Frankfort, KY, for Commonwealth of Kentucky.

Kathleen Kallaher Schmidt , Appeals Branch Manager, Department of Public Advocacy, Frankfort, KY, for appellee/cross-appellant Randy Marshall.

V. Gene Lewter , Department of Public Advocacy, Frankfort, KY, for appellee Mark Johnson.

Opinion of the Court by Chief Justice MINTON.

I. INTRODUCTION.

We granted discretionary review of these two flagrant nonsupport cases to address due process requirements when a trial court considers a motion to revoke probation1 for failure to comply with child support payment conditions. We conclude that due process requires that the trial court considering revocation for nonpayment

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