A defendant convicted of a crime may appeal the conviction and/or sentence, claiming the trial proceedings did not comply with the law. A higher court reviews the claimed error(s) in the trial based on the record that was made during the trial. The appellate courts do not receive new or additional evidence or testimony. They determine if there was sufficient evidence and/or if the trial was conducted properly. The judges who serve on both the Supreme Court of Kentucky and the Kentucky Court of Appeals are elected by popular vote in seven districts across the state. Judges serve for a term of eight years.
How does the appeals process work?
After a conviction, the trial court schedules a sentencing hearing. If the defendant wishes to appeal the conviction, he or she must file a notice of appeal within 30 days of sentencing. The record of the original trial is prepared and certified. The defendant then has 60 days to prepare his or her brief as to why the conviction and/or sentence should be reversed or dismissed.
The
Office of Criminal Appeals in the Office of the Attorney General is responsible for representing the Commonwealth in all criminal appeals. When the defendant’s brief is received, the Commonwealth has 60 days to respond with its own brief. Both sides may be granted extensions of time to prepare their briefs. The appellate court reviews these written arguments. The court may schedule an oral argument in the case, but oral arguments are not heard in every case. The oral argument is generally limited to a 15-minute presentation by each party in which the attorneys present their views of the case. There will be no new evidence or testimony at this hearing. These hearings are open to the public, and crime victims or interested parties may attend. You can watch a live stream of oral arguments being presented to the Supreme Court of Kentucky or the Kentucky Court of Appeals. If you would like to watch a Supreme Court of Kentucky oral argument via livestream, click here. For the Kentucky Court of Appeals, click here and click on "Oral Argument Livestream."
Usually, the appellate court issues a decision several months after an oral argument. Decisions from the Kentucky Court of Appeals are released every Friday at 10 a.m. Decisions from the Supreme Court of Kentucky are usually released once each month. If the conviction is upheld or affirmed, the defendant may ask for further review of the case. If the conviction is set aside or reversed, the appellate court may order that a new trial be held or dismiss some or all of the charges. The “losing side” may ask the court to reconsider its decision or appeal that decision to a higher court.
Kentucky Court of Appeals
The Court of Appeals is composed of 14 judges, one of whom is elected by the others as the chief judge. A panel of three judges reviews the criminal cases from the circuit courts. The Court of Appeals usually hears oral argument in Frankfort, but the Court of Appeals sometimes schedules hearings in different locations across the state.
Supreme Court of Kentucky
The Supreme Court of Kentucky is composed of seven justices, one of whom is elected by the others as the chief justice. When a defendant is sentenced by the circuit court to 20 years or more, life imprisonment or death, any appeal of that judgment is taken directly to the Supreme Court, bypassing the Court of Appeals. Additionally, the Supreme Court may also review decisions of the Court of Appeals.
Note: The above summary of the appeals process should not serve as a substitute for reviewing and complying with the applicable laws and rules.