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COMMONWEALTH v. HESS

2019-SC-0130-DG.

628 S.W.3d 56 (2021)

COMMONWEALTH of Kentucky, Appellant v. Erin HESS, Appellee.

Supreme Court of Kentucky.

Court Order Denying Petition for Rehearing August 26, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Daniel J. Cameron , Attorney General of Kentucky, James Daryl Havey , Assistant Attorney General of Kentucky.

COUNSEL FOR APPELLEE: Adam Meyer , Assistant Public Advocate.

OPINION OF THE COURT BY JUSTICE CONLEY

The Fugitive Disentitlement Doctrine (FDD) recognizes the principle that when a criminal defendant absconds and remains a fugitive during his or her appellate process, dismissal of the appeal is an appropriate sanction. In this case, the Campbell Circuit Court revoked Erin Hess' probation, which Hess then appealed. Hess was subsequently paroled but has now absconded from that parole and remains a fugitive. The issue...

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