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Rule 7 Procedure in Criminal Cases

Baldwin's Kentucky Revised Statutes Annotated2nd Judicial Circuit - Mccracken Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
2nd Judicial Circuit - Mccracken Circuit Court
KY RMCC Rule 7
Rule 7 Procedure in Criminal Cases
A. Grand Juries will be impaneled to serve until they complete their two (2) months, pursuant to KRS 29A.210(3). Upon completion of such service a new Grand Jury will be impaneled to commence serving the first court day of the following month.
B. A defendant shall be arraigned at the time and on the date the defendant has been ordered to appear for arraignment, which shall normally be at 8:30 a.m. on the Thursday following his indictment by the Grand Jury. At arraignment, the Court shall schedule a pretrial conference. Unless the assigned Judge is unavailable, the Judge of Division I shall conduct arraignments in even numbered months, and the Judge of Division 11 shall conduct arraignments in odd numbered months. Either Judge may hold arraignments at the request of the other Judge or in the absence or disability of the other Judge.
C. One pretrial conference shall be scheduled in a criminal case. The conference shall be continued only upon a showing of good cause at a hearing. At least five business days prior to pretrial conference for criminal cases, the Commonwealth shall make an offer to the defendant of a recommended penalty in exchange for defendant's plea of guilty or the Commonwealth may decline to make any offer.
At the pretrial conference, the defendant must state whether he accepts the Commonwealth's offer on a plea of guilty, if any. If the offer is accepted defendant will enter a plea of guilty pursuant to the offer and a sentencing date set. If defendant rejects the offer, the offer expires at that time and no offer shall be made after that date. No negotiated plea will then be accepted by the court absent a finding of good cause following a hearing. Defendant may plead guilty without a recommendation by the Commonwealth at any time prior to the beginning of trial.
The court may accept or reject an offer prior to sentencing. A Commonwealth's motion to dismiss or amend an indictment will be granted unless clearly contrary to manifest public interest; a “sentence bargain” which does not dismiss or amend a charge but recommends or does not oppose a particular sentence may be rejected or approved in the court's discretion; and a “charge bargain” which dismisses or amends a charge or charges or a “hybrid bargain” which is a charge bargain plus an agreement as to sentencing, can be approved or rejected in the court's discretion but the court must articulate the prosecutor's reasons for the bargain and the court's reasons for rejecting it.
D. All proceedings after Final Judgment, which are conducted in the same cause, shall be heard before the Judge who presided at the trial of the case, or their successor in the same Division. Proceedings collaterally attacking a judgment of conviction shall be assigned by the Clerk to the Judge who presided when the judgment was rendered, or their successor in the same Division. Habeas corpus and other extraordinary proceedings which do not attack a judgment of conviction shall be assigned to a Division by the Clerk in the same manner as are civil cases.
E. Collateral and other proceedings instituted prior to trial will be brought before the Division in which the case is set for trial or if not yet set, then before the Division in charge of the jury for that term.

Credits

HISTORY: Amended effective May 19, 2014. Prior amendments effective May 8, 2000; November 23, 2009.
McCracken Circuit Court Rule 7, KY R MCCRACKEN CIR CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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