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RCr 4.43 Appellate review of bail; habeas corpus

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IV Bail (Refs & Annos)
Kentucky Rules of Criminal Procedure (RCr) Rule 4.43
RCr 4.43 Appellate review of bail; habeas corpus
(1) When a circuit court has granted or denied a motion for a review of a bail bond under RCr 4.38 or 4.40, or has changed a condition of release pursuant to RCr 4.42, a defendant adversely affected may appeal that decision to the Court of Appeals pursuant to the following procedures:
(a) The notice of appeal from the order of the trial court shall be filed within ten (10) days after the date of entry, subject to RCr 12.06, and shall otherwise be in the manner fixed by RCr 12.04.
(b) Upon the filing of the notice of appeal the clerk of the circuit court shall prepare and certify a copy of such portion of the record or proceedings as relates to the question of bail and is needed for the purpose of deciding the issue on appeal, including, but not limited to, the order of the trial court, the motion and any responses thereto, and any video recording of the hearing on the motion being appealed. The abbreviated record shall be filed with the clerk of the appellate court within fourteen (14) days after filing of the notice of appeal.
(c) The appellant shall within ten (10) days after the filing of the record file a brief with the appellate court. The brief shall state clearly the procedural history of the case, the factual history of the dispute, and the grounds on which movant's claim for relief is based and otherwise comply with the briefing requirements of Civil Rule 76.12. Such brief shall not exceed five (5) double-spaced typewritten pages. The brief and record appendix shall be served on both the local Commonwealth's attorney and on the Attorney General.
(d) No brief shall be required of the appellee, but the appellee may file a brief within ten (10) days after the date the appellant's brief is filed. Such brief shall not exceed five (5) double-spaced typewritten pages and shall otherwise comply with the requirements of Civil Rule 76.12. No other briefs shall be filed unless requested by the appellate court.
(e) The appeal shall stand submitted for final disposition ten (10) days after the date on which the appeal was perfected by the appellant or upon the filing of the appellee's brief, whichever occurs first. Oral argument will not be held unless ordered by the Court sua sponte or on the grant of a motion of a party.
(f) Neither the filing of the notice of appeal nor the pendency of the appeal shall stay further proceedings in the prosecution.
(g) A final disposition by the Court of Appeals on the appeal shall not be subject to rehearing or modification under Civil Rule 76.32 or reconsideration under Civil Rule 76.38(2).
(h) Any party adversely affected by the final disposition of the appeal by the Court of Appeals may move the Supreme Court for discretionary review within thirty (30) days from the date the decision of the Court of Appeals was entered. Such a motion will be entertained only for extraordinary cause show in the motion. A response to the motion for discretionary review may be filed within thirty (30) days after the motion is filed. Ten (10) copies of the motion and response, if any, shall be filed with the Clerk of the Supreme Court.
(2) The writ of habeas corpus remains the proper method for seeking circuit court review of the action of a district court respecting bail.
(3) This Rule RCr 4.43 shall apply only to appellate review of bail conditions prior to entry of a judgment of conviction. After entry of judgment of conviction, appellate review of bail on appeal shall be by intermediate motion filed pursuant to RCr 12.82 in the appeal of the conviction.

Credits

HISTORY: Amended by Order 2016-08, eff. 1-1-17; prior amendment eff. 1-1-17 (Order 2016-06); 8-28-89 (Order 89-1); adopted eff. 9-11-81
Rules Crim. Proc., Rule 4.43, KY ST RCRP Rule 4.43
Current with amendments received through January 1, 2019
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