The Kentucky Supreme Court is the court of last resort in the Commonwealth. For criminal defendants in Lexington, Louisville, and across Kentucky, the Kentucky Supreme Court hears matters-of-right appeals in the most serious cases and discretionary review in other cases. Clark + Harris represents clients in appeals to the Kentucky Supreme Court. Call 859-474-0001 for experienced appellate counsel.
Matters-of-Right Appeals
Under Section 110 of the Kentucky Constitution and the Kentucky Rules of Appellate Procedure, the Kentucky Supreme Court has mandatory jurisdiction over criminal appeals from judgments imposing a sentence of 20 years or more, life imprisonment, or death. These appeals bypass the Kentucky Court of Appeals and proceed directly to the Supreme Court.
Discretionary Review
In other criminal cases, review by the Kentucky Supreme Court is discretionary. A party seeking review files a motion for discretionary review after the Court of Appeals rules, explaining why the case warrants Supreme Court attention — typically because the case involves a novel or important legal issue, a conflict between appellate decisions, or an issue of statewide significance.
Common Issues on Kentucky Supreme Court Criminal Appeals
- Suppression rulings involving Fourth and Fifth Amendment issues
- Evidentiary rulings under the Kentucky Rules of Evidence
- Jury instructions in complex cases
- Sentencing issues, including persistent felony offender enhancements under KRS 532.080
- Constitutional issues under the Kentucky Constitution and U.S. Constitution
- Interpretation of criminal statutes in the Kentucky Revised Statutes
Preparing for Supreme Court Argument
Kentucky Supreme Court practice is a specialty. Briefs must focus on the strongest issues, present a clear theory, and persuade the justices that the case warrants review and reversal. Oral argument — typically 15 minutes per side — requires mastery of the record, the law, and the ability to answer hard questions from the bench. Call Clark + Harris at 859-474-0001 to discuss your case.
Post-Appeal Proceedings
After the Kentucky Supreme Court rules, options include petitions for rehearing, federal habeas corpus under 28 U.S.C. § 2254, and RCr 11.42 post-conviction motions. Our firm handles these post-appellate remedies when direct appeal does not result in relief.
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:
- Entrapment Defense in Kentucky
- 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