If you were convicted of a felony in a Kentucky Circuit Court — whether in Lexington, Louisville, or any other Kentucky county — you generally have the right to appeal to the Kentucky Court of Appeals. The appeals process is governed by strict deadlines, procedural rules, and briefing requirements. An effective appellate strategy begins even before the notice of appeal is filed. Clark + Harris handles criminal appeals throughout Kentucky. Call 859-474-0001.
Who Can Appeal
A defendant convicted at trial or who entered a conditional guilty plea preserving appellate issues may appeal as a matter of right. Matters of right from the Circuit Court go to the Kentucky Court of Appeals. Cases from Kentucky District Court are appealed to the Circuit Court. The Kentucky Supreme Court hears matters-of-right appeals from judgments imposing a sentence of 20 years or more, life, or death, and discretionary review from the Court of Appeals.
Key Deadlines
Under Kentucky Rule of Appellate Procedure 3, a notice of appeal must be filed within 30 days of the entry of the final judgment. Missing this deadline can be fatal to appellate rights in most circumstances. Post-judgment motions under CR 59 or RCr 10.26 can toll the deadline in limited circumstances, but the safest course is to file the notice of appeal immediately.
Preserving Issues for Appeal
The Kentucky Court of Appeals generally will not consider issues that were not preserved at trial. Preservation requires a timely objection, a statement of the grounds, and a ruling. Exceptions include palpable error review under RCr 10.26 for issues that affected substantial rights and resulted in manifest injustice.
What the Court of Appeals Reviews
The Court of Appeals reviews legal rulings by the trial court, including suppression rulings, evidentiary rulings, jury instructions, and sentencing issues. Factual findings are reviewed for clear error, legal conclusions are reviewed de novo, and discretionary rulings are reviewed for abuse of discretion. Ineffective assistance of counsel claims generally must be pursued through RCr 11.42 post-conviction proceedings, not direct appeal.
Briefing and Oral Argument
Appellate practice is a specialty. Briefs must comply with strict page and formatting requirements, cite the record with precision, and argue legal issues persuasively. Oral argument is granted in selected cases and requires preparation, mastery of the record, and the ability to respond to panel questions. Call Clark + Harris at 859-474-0001 for appellate representation.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Self-Defense in Kentucky Criminal Cases (KRS 503.050)
- Insanity Defense and Mental Illness in Kentucky (KRS 504)
- Kentucky Alibi Defense Strategy
- How to Challenge a Kentucky Eyewitness Identification
- Kentucky DNA Evidence Challenges