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22A.020 Jurisdiction -- Appeal procedures.
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Except as provided in Section 110 of the Constitution, an appeal may be taken as a
matter of right to the Court of Appeals from any conviction, final judgment, order,
or decree in any case in Circuit Court, including a family court division of Circuit
Court, unless such conviction, final judgment, order, or decree was rendered on an
appeal from a court inferior to Circuit Court.
The Court of Appeals has jurisdiction to review interlocutory orders of the Circuit
Court in civil cases, but only as authorized by rules promulgated by the Supreme
Court.
Notwithstanding any other provision in this section, there shall be no review by
appeal or by writ of certiorari from that portion of a final judgment, order or decree
of a Circuit Court dissolving a marriage.
An appeal may be taken to the Court of Appeals by the state in criminal cases from
an adverse decision or ruling of the Circuit Court, but only under the following
conditions:
(a) Such appeal shall not suspend the proceedings in the case.
(b) Such appeal shall be taken in the manner provided by the Rules of Criminal
Procedure and the Rules of the Supreme Court, except that the record on
appeal shall be transmitted by the clerk of the Circuit Court to the Attorney
General; and if the Attorney General is satisfied that review by the Court of
Appeals is important to the correct and uniform administration of the law, he
may deliver the record to the clerk of the Court of Appeals within the time
prescribed by the above-mentioned rules.
(c) When an appeal is taken pursuant to this subsection, the Court of Appeals, if
the record so warrants, may reverse the decision of the Circuit Court and order
a new trial in any case in which a new trial would not constitute double
jeopardy or otherwise violate any constitutional rights of the defendant.
Any party aggrieved by the judgment of the Circuit Court in a case appealed from a
court inferior thereto may petition the Court of Appeals for a writ of certiorari.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 66, sec. 16, effective June 24, 2003. -- Created
1976 Ky. Acts ch. 70, sec. 3, effective March 23, 1976.
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