Issues Unique to Kentucky Criminal Appeals
Kentucky's appellate court system presents distinct procedural requirements that defendants and their families must understand when pursuing post-conviction relief. The Kentucky Court of Appeals serves as the intermediate appellate court with mandatory jurisdiction over most criminal appeals, meaning it must accept and review properly filed cases. Above it sits the Kentucky Supreme Court, which exercises discretionary review in nearly all matters except cases involving death penalty, life imprisonment, or imprisonment for 20 years or more, where direct appeal to the Supreme Court is mandatory. This two-tiered structure means that most defendants will first argue their case before the Court of Appeals, and only those who can demonstrate compelling legal issues will receive further review from the state's highest court.
The procedural rules governing Kentucky criminal appeals demand strict attention to deadlines. A notice of appeal must be filed within 30 days of the entry of judgment, a deadline that courts enforce rigorously. Missing this window can permanently foreclose direct appellate review, making it essential to secure experienced counsel immediately following conviction. For defendants who have exhausted their direct appeal or missed the initial deadline, Kentucky Rules of Criminal Procedure 11.42 provides the primary vehicle for collateral attack on a conviction. An RCr 11.42 motion allows defendants to challenge their conviction based on constitutional violations, including ineffective assistance of counsel claims, which cannot typically be raised on direct appeal because they require evidence outside the trial record.
Beyond RCr 11.42, Kentucky Civil Rule 60.02 offers another avenue for post-conviction relief in extraordinary circumstances. This motion to vacate judgment applies when newly discovered evidence emerges, when fraud affected the proceedings, or when the judgment is void. CR 60.02 motions face their own timing requirements and substantive standards, requiring careful analysis of whether this remedy applies to a particular case. Many defendants benefit from the services of the Department of Public Advocacy Appellate Division, which provides representation to indigent defendants on direct appeal. However, those seeking post-conviction relief through RCr 11.42 or CR 60.02 often need to secure private counsel, as public defender resources for collateral proceedings are limited.
How To Choose a Kentucky Criminal Appeals Lawyer
Selecting the right appellate attorney requires evaluating both technical expertise and personal compatibility. Criminal appeals differ fundamentally from trial practice, demanding attorneys who excel at legal research, persuasive writing, and oral advocacy before appellate panels. When evaluating potential lawyers, inquire specifically about their experience with Kentucky appellate procedure and their familiarity with the judges who sit on the Court of Appeals and Supreme Court. An attorney who regularly practices before these courts will understand the preferences and tendencies of the bench, knowledge that can shape effective advocacy strategies.
Ask prospective attorneys how many criminal appeals they have handled in Kentucky courts and what outcomes they have achieved. While past results never guarantee future success, a track record of reversals, sentence modifications, or successful post-conviction motions demonstrates capability. Request writing samples from previous appellate briefs to assess the quality of their legal analysis and prose. Strong appellate writing is clear, well-organized, and grounded in careful citation to relevant authority. Be wary of attorneys who promise specific outcomes or guarantee success, as ethical lawyers recognize that appellate results depend on factors beyond any advocate's control.
Consider the attorney's communication style and responsiveness during your initial consultation. Appellate cases can extend over many months or even years, requiring a working relationship built on trust and clear communication. The attorney should explain Kentucky's appellate process in terms you understand, outline realistic expectations for your case, and describe how they will keep you informed of developments. Red flags include attorneys who seem unfamiliar with RCr 11.42 procedures, who cannot clearly explain the standard of review that will apply to your issues, or who pressure you to hire them without allowing time for reflection.
Understanding Prices for Criminal Appeals in Kentucky
Fee structures for Kentucky criminal appeals vary based on case complexity, attorney experience, and the type of proceeding involved. Direct appeals with a preserved trial record typically command lower fees than post-conviction matters requiring evidentiary development. Most appellate attorneys charge flat fees for defined stages of representation, such as preparing and filing a brief, rather than hourly billing. This arrangement provides cost certainty and aligns the attorney's incentive with efficient, focused work. Flat fees for a criminal appeal to the Kentucky Court of Appeals commonly range from several thousand dollars to tens of thousands, depending on the issues involved and the length of the trial record requiring review.
RCr 11.42 and CR 60.02 proceedings may involve additional costs if evidentiary hearings become necessary. Investigating ineffective assistance of counsel claims often requires reviewing trial counsel's files, interviewing witnesses, and potentially retaining expert witnesses. These activities add expense beyond the baseline cost of legal research and brief writing. When discussing fees, ask attorneys to specify what services their quoted fee includes and what circumstances might trigger additional charges. Reputable attorneys provide written fee agreements that clearly delineate the scope of representation and the client's financial obligations.
Prepare for fee discussions by gathering all relevant documents, including the judgment of conviction, any prior appellate decisions, and transcripts if available. The more information you can provide during initial consultations, the more accurately attorneys can estimate the work involved and quote appropriate fees. Some attorneys offer payment plans or accept credit card payments to make representation accessible. If cost presents a significant barrier, inquire whether the attorney handles any cases pro bono or can refer you to legal aid organizations that assist with criminal appeals.
About SPCRC Recommendations
The Spolin Post-Conviction Resource Center maintains rigorous independence in selecting attorneys for our recommendation lists. No attorney can purchase placement or pay fees to appear on our site. Our recommendations reflect careful evaluation of each lawyer's credentials, experience, reputation within the legal community, and demonstrated commitment to criminal appellate practice. We assess disciplinary history through the Kentucky Bar Association, review published appellate decisions involving the attorney, and consider feedback from clients and colleagues when available.
Our goal is to connect individuals facing criminal convictions with capable, ethical advocates who can competently evaluate their cases and pursue available relief. We recognize that selecting a lawyer represents one of the most consequential decisions a person can make during the post-conviction process. By providing curated recommendations free from commercial influence, we aim to simplify this choice and help people find representation they can trust. We encourage you to conduct your own research, meet with multiple attorneys, and make the decision that feels right for your circumstances.