22A.020 Jurisdiction -- Appeal procedures.

351 words·~2 min read·/ky/chapter-22a/22a-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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.

(2)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.

(3)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.

(4)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.

(5)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.