Barker v. Commonwealth
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The Supreme Court granted discretionary review of two probation revocation cases to consider whether the trial court may proceed to hold evidentiary hearings to revoke or modify probation when the grounds for revocation or modification are new, unresolved criminal charges against the probationer. The Supreme Court held (1) the trial court is not required to delay probation revocation or modification hearings awaiting resolution of the criminal charges that arise during the probationary period; (2) when the probationer is faced with probation revocation or modification and a criminal court trial based on the same conduct that forms the basis of new criminal charges, the probationer's testimony at the probation revocation hearing is protected from use at any later criminal trial in Kentucky state courts; and (3) the probationer's testimony at the revocation hearing can be used for impeachment purposes or rebuttal evidence in the trial of the new charges.
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