Kentucky Statutes 31.219 – Appeal by public advocacy attorney. (Effective until July 1, 2024)
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(1) It shall be the duty of the attorney representing a client at trial under any public advocacy plan to file a notice of appeal if his or her client requests an appeal.
(2) After the attorney has filed a notice of appeal as required by the Rules of Criminal Procedure, he or she shall forward to the Department of Public Advocacy a copy of the final judgment, the notice of appeal, a statement of any errors committed in the trial of the case which should be raised on appeal, and a designation of that part of the record that is essential to the appeal.
(3) Any public advocacy attorney who is representing a client on appeal who after a conscientious examination of said appeal believes the appeal to be wholly frivolous after careful examinations of the record may request the court to which the appeal has been taken for permission to withdraw from the case. The attorney must file with that request a brief which sets forth any arguments which might possibly be raised on appeal. A copy of the request for permission to withdraw and the brief must be served upon the client in sufficient time so that the client may raise any argument he or she chooses to raise.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 87, sec. 6, effective July 15, 2014. — Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 16, effective July 15, 2002. — Amended 1978 Ky. Acts ch. 155, sec. 28, effective June 17, 1978. — Created 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 1.
Formerly codified as KRS § 31.115.
(2) After the attorney has filed a notice of appeal as required by the Rules of Criminal Procedure, he or she shall forward to the Department of Public Advocacy a copy of the final judgment, the notice of appeal, a statement of any errors committed in the trial of the case which should be raised on appeal, and a designation of that part of the record that is essential to the appeal.
Terms Used In Kentucky Statutes 31.219
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) Any public advocacy attorney who is representing a client on appeal who after a conscientious examination of said appeal believes the appeal to be wholly frivolous after careful examinations of the record may request the court to which the appeal has been taken for permission to withdraw from the case. The attorney must file with that request a brief which sets forth any arguments which might possibly be raised on appeal. A copy of the request for permission to withdraw and the brief must be served upon the client in sufficient time so that the client may raise any argument he or she chooses to raise.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 87, sec. 6, effective July 15, 2014. — Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 16, effective July 15, 2002. — Amended 1978 Ky. Acts ch. 155, sec. 28, effective June 17, 1978. — Created 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 1.
Formerly codified as KRS § 31.115.