31.219 Appeal by public advocacy attorney.

232 words·~1 min read·/ky/chapter-31/31-219

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

(1)It shall be the duty of the attorney employed by the Department of Public Advocacy

representing a client at trial to file a notice of appeal if his or her client requests an

appeal.

(2)After the trial attorney employed by the Department of Public Advocacy has filed a

notice of appeal as required by the Rules of Criminal Procedure, he or she shall

forward to the Appeals Branch of the Department of Public Advocacy a copy of the

final judgment, the notice of appeal, a statement of any errors committed in the trial

of the case which should be raised on appeal, and a designation of that part of the

record that is essential to the appeal.

(3)Any attorney employed by the Department of Public Advocacy who is representing

a client on appeal and who after a conscientious examination of said appeal believes

the appeal to be wholly frivolous after careful examinations of the record may

request the court to which the appeal has been taken for permission to withdraw

from the case. The attorney must file with that request a brief which sets forth any

arguments which might possibly be raised on appeal. A copy of the request for

permission to withdraw and the brief must be served upon the client in sufficient

time so that the client may raise any argument he or she chooses to raise.