35.328 Appeal by the state.
360 words·~2 min read·
/ky/chapter-35/35-328A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In a trial by court-martial in which a punitive discharge may be adjudged, the
state may appeal the following, other than a finding of not guilty with respect
to the charge or specification by the members of the court-martial, or by a
judge in a bench trial so long as it is not made in reconsideration:
1. An order or ruling of the military judge which terminates the
proceedings with respect to the charge or specification;
2. An order or ruling which excludes evidence that is substantial proof of a
fact material in the proceeding;
3. An order or ruling which directs the disclosure of classified information;
4. An order or ruling which imposes sanctions for nondisclosure of
classified information;
5. A refusal of the military judge to issue a protective order sought by the
state to prevent the disclosure of classified information; and
6. A refusal by the military judge to enforce an order described in
subparagraph 5. of this paragraph that has previously been issued by the
appropriate authority.
(b)An appeal of an order or ruling may not be taken unless the trial counsel
provides the military judge with written notice of appeal from the order or
ruling within seventy-two
(72)hours of the order or ruling. The notice shall
include a certification by the trial counsel that the appeal is not taken for the
purpose of delay and, if the order or ruling appealed is one which excludes
evidence, that the evidence excluded is substantial proof of a fact material in
the proceeding.
(c)An appeal under this section shall be diligently prosecuted as provided by law.
(2)An appeal under this section shall be forwarded to the court prescribed in KRS
35.333. In ruling on an appeal under this section, that court may act only with
respect to matters of law.
(3)Any period of delay resulting from an appeal under this section shall be excluded in
deciding any issue regarding denial of a speedy trial unless an appropriate authority
determines that the appeal was filed solely for the purpose of delay with the
knowledge that it was totally frivolous and without merit.