Kirby v. Commonwealth

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 it except to say that he “is not excepted as a victim of domestic violence.” While it is true that Kirby does not present the typical fact pattern brought to mind by the term “domestic…