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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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