Donna Gaines v. Commonwealth of Kentucky

Summary

The court affirmed the judgment denying Gaines the domestic-violence exception to the violent-offender parole rule because, although she had experienced domestic violence, the trial court was not clearly erroneous in finding no sufficient connection between that abuse and the murder. It also held that the statutory probation restriction and exception did not apply to murder, which is classified as a capital offense, and that any failure to consider probation was harmless because the trial court made findings independently requiring imprisonment. Justice Scott concurred in the result but disagreed with the majority's conclusion that murder is not covered by the probation statute as a Class A felony.