- The appellate process in Kentucky
- The Kentucky Supreme Court
- The Kentucky Court of Appeals
- The appellate districts in Kentucky
- Briefs filed in the Kentucky appellate courts
- Appealing a district court decision in Kentucky
- The Kentucky appellate calendar
- Recent developments in the Kentucky appellate courts
The Kentucky Trial Court Review is a quarterly publication of the Kentucky Supreme Court. It provides a comprehensive review of significant cases decided in the state’s trial courts, including summaries of each case and links to the full text of each opinion.
The Kentucky Trial Court Review is a website that allows users to search for Kentucky trial court verdicts. The site also has information on the jury selection process and how to find out if your case will be tried by a jury or not.
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Welcome to the blog of Kentucky Trial Court Review. Here, you will find insights and news about the Kentucky court system, including appeals from district court, supreme court briefs, appellate districts, and the coa. We hope that you enjoy your visit and that we can help you navigate the complex judicial system in Kentucky.
The appellate process in Kentucky
The appellate process in Kentucky starts with an appeal from the district court. The case is then briefed and argued before the Kentucky Supreme Court. After that, the case may be appealed to the Kentucky Court of Appeals.
The appellate process in Kentucky is important because it allows people to challenge decisions made by lower courts. This process ensures that cases are heard by a higher court and that justice is served.
The Kentucky Supreme Court
The Kentucky Supreme Court is the highest court in the state of Kentucky. It is located in Frankfort, Kentucky and consists of seven justices who are elected to eight-year terms. The court hears appeals from the lower courts in the state and has original jurisdiction over a few specific types of cases.
The court was established in 1792 and its first chief justice was John Marshall. The current chief justice is John D. Minton Jr.
The court meets twice each year, for two weeks each session. During these sessions, the court hears oral arguments on cases that have been appealed to it. After hearing arguments from both sides, the justices deliberate in private and then release their opinion on the case, which is binding on all lower courts in the state.
If you want to appeal a decision made by a lower court in Kentucky, you must file a notice of appeal with the clerk of the supreme court within 30 days of the lower court’s decision. Once your notice of appeal is filed, the supreme court will review your case and make a decision about whether or not to hear it. If they decide not to hear your case, then the decision of the lower court stands; if they agree to hear your case, then they will set a date for oral arguments and issue a written opinion at some point after that.
Appealing to the Kentucky Supreme Court can be expensive and time-consuming, but it may be worth it if you believe that an important legal principle is at stake in your case or if you believe thatthe lower court made a mistake that needs to be corrected
The Kentucky Court of Appeals
The Kentucky Court of Appeals is an appellate court that hears appeals from the lower courts in the state of Kentucky. The court is divided into seven districts, with each district having its own panel of judges.
The court hears appeals from a variety of cases, including criminal cases, civil cases, and family law cases. In most cases, the court will only hear an appeal if it has been properly filed and there are no other options for review.
The court typically hears oral arguments on Tuesdays and Wednesdays during the months of September through May. During these sessions, the judges will hear arguments from both sides and then deliberate in chambers. A decision will then be issued within a few weeks.
If you have been involved in a case that has been appealed to the Kentucky Court of Appeals, it is important to have an experienced attorney by your side who can argue your case before the court. at (859) 259-1321 to schedule a consultation with one of our attorneys today.
The appellate districts in Kentucky
The Kentucky Supreme Court is the court of last resort in the state of Kentucky. It is responsible for reviewing decisions from the lower courts and making a determination on whether or not they were properly decided. The court also has original jurisdiction in a few select cases.
The Kentucky Court of Appeals is the intermediate appellate court in the state of Kentucky. It was established in 1976 and hears appeals from the circuit courts and some administrative agencies.
There are two appellate districts in Kentucky:
The First Appellate District consists of Campbell, Kenton, and Pendleton counties.
The Second Appellate District consists of Boone, Gallatin, Grant, Harrison, Owen, and Scott counties.
Briefs filed in the Kentucky appellate courts
When a case is appealed from the district court to the Kentucky Supreme Court, both sides must file briefs. These briefs outline the legal arguments for each side and provide supporting evidence. The appellate courts will use these briefs to help them make their decision.
The first step in the appeals process is to file a notice of appeal with the clerk of the court where the case was originally decided. This notice must be filed within 30 days of the judgment being entered. Once the notice is filed, the district court will issue an order setting forth a briefing schedule.
Both sides will have an opportunity to file what are known as opening briefs. These brief explain each side’s legal position and why they believe they are entitled to prevail in the appeal. The appellant’s brief must be filed first, followed by the appellee’s brief.
After both sides have had an opportunity to present their initial arguments, they may file what are known as reply briefs. These brief address any arguments raised by the other side in their opening brief. The appellant’s reply brief must be filed first, followed by the appellee’s reply brief.
Once all of the briefing has been completed, oral argument may be scheduled before a panel of appellate judges. During oral argument, each side will have an opportunity to present their legal arguments again and answer questions from the judges about their case . After oral argument has been completed ,the appellate court will issue its decision . This decision can either affirm (agree with)the lower court’s decision , reverse it , or remand (send back)the case for further proceedings .
Appealing a district court decision in Kentucky
When a case is tried in district court and the losing party is not happy with the result, they have the right to file an appeal. This means that the case will be reheard by a higher court. In Kentucky, there are two levels of appellate courts: the Kentucky Court of Appeals and the Kentucky Supreme Court.
Appeals from district court are first heard by one of seven appellate districts. These districts are located in Bowling Green, Covington, Frankfort, Lexington, Louisville, Owensboro, and Paducah. Each district has its own panel of judges who hear appeals from cases originating in their respective districts.
After an appeal is filed, both parties will submit written briefs to the appellate court outlining their arguments. The judges will then review these briefs and decide whether or not to hold oral arguments. Oral arguments are typically held only if the judges have questions about the case or if they feel that it would be helpful in making their decision.
Once oral arguments have been made (or waived), the judges will issue their opinion on the case. If they find that the district court made a mistake, they will reverse its decision; if they agree with the district court, they will affirm its decision; if they find that there was no error made but still want to provide guidance on how similar cases should be handled in future, they may issue what is known as a “memorandum opinion.”
The losing party then has 14 days to file a petition for rehearing with the appellate court. This is essentially another chance to argue why the court should rule in their favor. If this petition is denied (which happens most of time), then the losing party can appeal tothe Kentucky Supreme Court within 30 days .
The supreme court hears very few cases because it generally only reviews those cases where it believes either serious errors were made or where important principles of law need clarification
The Kentucky appellate calendar
The appellate calendar is a list of cases that are scheduled to be heard by the Kentucky Supreme Court or the Kentucky Court of Appeals. The calendar is updated on a weekly basis and includes the case name, docket number, and hearing date.
The Kentucky Supreme Court:
The Kentucky Supreme Court is the state’s highest court and its decisions are final. The court hears appeals from the Kentucky Court of Appeals and the district courts, as well as cases involving constitutional questions.
The Kentucky Court of Appeals:
The Kentucky Court of Appeals is an intermediate appellate court that hears appeals from the circuit courts and district courts. The court consists of 14 judges who hear cases in panels of three.
Appellate districts in Kentucky:
There are four appellate districts in Kentucky: the First District, which covers Jefferson County; the Second District, which covers Fayette County; the Third District, which covers Daviess, Henderson, Hancock, McLean, Ohio, Union, and Webster counties; and the Fourth District, which covers Kenton County.
Recent developments in the Kentucky appellate courts
The Kentucky Court of Appeals is the state’s intermediate appellate court, with fourteen judges serving in seven districts across the state. The court hears appeals from the circuit courts, as well as some administrative agencies. In most cases, the Court of Appeals’ decisions are final; however, the Kentucky Supreme Court has discretionary review over some cases.
The Kentucky Supreme Court is the state’s highest court and its decisions are binding on all lower courts. The court hears appeals from the Court of Appeals, as well as some special types of cases such as habeas corpus petitions and original actions. The Supreme Court also has discretionary review over some cases decided by the Court of Appeals.
Briefs filed with either appellate court are typically available online through the respective court’s website. Some recent notable cases from the Kentucky appellate courts include:
– A case involving whether a school district can be held liable for injuries sustained by a student while participating in an off-campus event (such as a field trip). The Court of Appeals ruled that the school district could not be held liable in this instance.
– A case involving whether a defendant who pleads guilty to a crime can later claim that he or she was actually innocent of that crime. The Supreme Court ruled that such a claim cannot be made after pleading guilty.
– A case involving whether an insurance company must provide coverage for an accident that occurred while the policyholder was using his or her personal vehicle for business purposes. The Court of Appeals ruled that coverage must be provided in this instance.