Commonwealth v. Anderson

JAMES LEVIN, Special Justice.

This is an appeal from a decision of the Court of Appeals vacating the order of the trial court which found that the appellee, Kathy A. Anderson, had failed to establish she had been a victim of domestic violence at the hands of the man she killed, and therefore was not eligible for an exemption from the parole-eligibility restrictions of the Violent Offender Statute, KRS 439.3401.

Anderson and James Shields, both alcoholics, had been cohabiting in a boardinghouse for approximately one year. As a result of a seizure, Anderson fell and broke her arm. On May 6, 1993,…