Gerald Barker v. Commonwealth, 2010-SC-000116-DG, ___ S.W.3d ___ (Ky. 2012)AndCommonwealth v. Ryan Jones, 2010-SC-000123-DG, ___ S.W.3d ___ (Ky. 2012)Opinion by Chief Justice Minton. To be published. Probationer’s testimony at revocation hearings related to new charges.Court considered whether a 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 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 trial based upon 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, 3) the trial court must advise the probationer that any testimony the probationer gives in probation revocation hearings that relates to the facts underlying the new charges cannot be used as substantive evidence in the trial of the new charges, and 4) the probationer’s testimony at the revocation hearing can be used for impeachment purposes or rebuttal evidence in the trial of the new charges, and the trial court shall so advise the probationer before the probationer testifies at the revocation hearings. These rules are designed to protect probationers’ due process rights at revocation hearings and their rights against self-incrimination in future criminal proceedings.
Contributed by Brandon Jewell