At Brownstone Law, we specialize in appellate litigation, providing clients with expert guidance through Kentucky’s appellate court system. Our experienced attorneys are dedicated to delivering meticulous and effective representation to achieve the best possible outcomes.

Kentucky Appellate Court System Overview

Kentucky’s appellate system comprises two primary courts: the Kentucky Court of Appeals and the Kentucky Supreme Court.

  • Kentucky Court of Appeals: This intermediate appellate court reviews appeals from lower courts, except in cases involving the death penalty, life imprisonment, or imprisonment of twenty years or more, which are taken directly to the Supreme Court. The Court of Appeals ensures that the law is applied consistently across the state.
  • Kentucky Supreme Court: As the state’s highest court, it has discretionary jurisdiction over appeals from the Court of Appeals and direct jurisdiction in specific matters, such as cases involving severe criminal penalties. The court consists of seven justices who review cases to ensure uniformity and address significant legal questions.

Caseload and Statistics

The Kentucky Court of Justice provides annual reports detailing caseload statistics for both appellate and trial courts. For instance, there were over 42,000 Circuit Criminal Cases filed in 2019, compared to roughly 32,000 in 2010, indicating a significant increase. Conversely, District Criminal cases saw a decrease from over 455,000 in 2010 to over 371,000 in 2019.

Rules of Appellate Procedure

Appeals in Kentucky are governed by the Kentucky Rules of Appellate Procedure, which outline procedures for filing appeals, including timelines, formatting requirements for briefs, and guidelines for oral arguments. Adherence to these rules is essential for the successful progression of an appeal.

Process for Appealing a Case

  1. Notice of Appeal: File a notice of appeal in the court from which the appeal is taken within the time allowed by RAP 3. Appeals in civil proceedings shall be taken to the next higher court. Appeals in criminal proceedings shall be taken to the next higher court, except that an appeal from a judgment imposing a sentence of death, life imprisonment, or imprisonment for 20 years or more shall be taken directly to the Supreme Court.
  2. Preparation of the Record: The appellant is responsible for ensuring that the record on appeal, including transcripts and relevant documents, is prepared and filed with the appellate court.
  3. Briefs: The appellant submits an initial brief outlining legal arguments and alleged errors in the trial court’s decision. The appellee responds with their brief, and the appellant may file a reply brief if necessary.
  4. Oral Argument: In some cases, the court may schedule oral arguments, allowing attorneys to present their positions and answer judges’ questions.
  5. Decision: After reviewing the materials and arguments, the court issues a written opinion, which may affirm, reverse, or remand the case.

Contact Information

Kentucky Supreme Court

  • Address: 700 Capitol Avenue, Frankfort, KY 40601
  • Phone: (502) 564-4162
  • Website: Kentucky Supreme Court
  • Coordinates: 38.1866° N, 84.8753° W

Kentucky Court of Appeals

  • Address: 669 Chamberlin Avenue, Suite B, Frankfort, KY 40601
  • Phone: (502) 573-7920
  • Website: Kentucky Court of Appeals
  • Coordinates: 38.2009° N, 84.8733° W

Brownstone Law: Your Appellate Advocates

At Brownstone Law, we are dedicated to guiding clients through the complexities of the appellate process in Kentucky. Our team of experienced attorneys is committed to providing exceptional representation, ensuring that your case is presented with the utmost precision and expertise.