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RAP 51 Review of decisions concerning bail

Baldwin's Kentucky Revised Statutes AnnotatedRules of Appellate ProcedureEffective: January 1, 2023

Baldwin's Kentucky Revised Statutes Annotated
Rules of Appellate Procedure
Article X. Other Appeals
Effective: January 1, 2023
Kentucky Rules of Appellate Procedure Rule 51
RAP 51 Review of decisions concerning bail
Currentness
(A) Appellate Review of Bail Pending Trial.
(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 aggrieved by such a decision may appeal that decision to the Court of Appeals under the following procedures.
(a) The notice of appeal from the order of the trial court shall be filed within 10 days after the date of entry, subject to RCr 12.82, and shall otherwise be in the manner fixed by RAP 2 and 3.
(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 14 days after filing of the notice of appeal.
(c) The appellant shall, within 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 RAP 30-32. Such brief shall not exceed 2,450 or 5 pages if computer-generated and shall not exceed 7 pages if handwritten or typewritten. A computer-generated petition that exceeds the page limit but falls within the word limit must include a word-count certificate in conformity with RAP 15.
(d) The brief and record appendix shall be served on both the local Commonwealth's Attorney and on the Attorney General.
(e) No brief shall be required of the appellee, but the appellee may file a brief within 10 days after the date the appellant's brief is filed. Such brief shall not exceed 2,450 words or 5 pages if computer-generated and shall not exceed 7 pages if handwritten or typewritten, and shall otherwise comply with the requirements of RAP 30-32. A computer-generated petition that exceeds the page limit but falls within the word limit must include a word-count certificate in conformity with RAP 14. No other briefs shall be filed unless requested by the appellate court.
(f) The appeal shall stand submitted for final disposition 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 on its own motion or on the grant of a motion of a party.
(g) Neither the filing of the notice of appeal nor the pendency of the appeal shall stay further proceedings in the prosecution.
(h) A final disposition by the Court of Appeals on the appeal shall not be subject to rehearing or modification under RAP 43.
(i) Any party adversely affected by the final disposition of the appeal by the Court of Appeals may move the Supreme Court for discretionary review under RAP 44 within 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, which must conform to RAP 44, may be filed within 30 days after the motion is filed.
(2) The writ of habeas corpus remains the proper method for seeking circuit court review of the action of a district court respecting bail.
(B) Appellate Review of Bail During Pendency of Appeal. An appellant may seek bail on appeal from the trial court pursuant to RCr 12.78. An appellant aggrieved by a decision of the trial court regarding bail on appeal may seek review in the appellate court pursuant to this section.
(1) Such an application shall be made pursuant to RAP 7 and shall show that: (1) application has been made and denied, with reasons given for the denial; (2) application to the trial court is not practicable; or (3) the action on the application did not afford the relief to which the applicant considers himself or herself to be entitled.
(2) The decision of the trial court regarding bail will not be disturbed by an appellate court unless it is demonstrated that the trial judge failed to exercise sound discretion.

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 51, KY ST RAP Rule 51
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document