Johnny Marshall v. Commonwealth of Kentucky

l|VlPORTANT NOT|CE NOT TO BE PUBL|SHED OPIN|ON THIS OP|N|ON lS DES|GNATED “NOT TO BE PUBL|SHED.” PURSUANT TO THE RULES OF ClVlL PROCEDURE PRONIULGATED BY THE SUPREN|E COURT, CR 76.28(4)(€), TH|S OP|N|ON IS NOT TO BE PUBL|SHED AND SHALL NOT BE ClTED OR,USED AS BlNDlNG PRECEDENT |N ANY OTHER CASE lN ANY_COURT OF TH|S STATE; HOWEVER, UNPUBL|SHED KENTUCKY APPELLATE DEC|S|ONS, RENDERED AFTER JANUARY 1, 2003, NlAY BE ClTED l_:OR CONS|DERAT|ON BY THE COURT lF THERE lS NO PUBL|SHED OPlNlON THAT'WOULD ADEQUATELY‘ADDRESS THE ISSUE BEFORE THE‘ COURT. OP|NlONS ClTED FOR CONS_|DERAT|ON -BY THE COURT SHALL…