Anyone participating in or impacted by legal processes must understand what occurs when a criminal case is concluded in Kentucky. Case closure affects everyone impacted by its outcome and goes beyond just closing a chapter on crimes committed.
When a criminal case is closed in Kentucky, all associated court proceedings—such as investigations, evidence collection, arguing positions, and verdict-making—have concluded. Closure impacts the people involved as well as society at large, both directly and indirectly.
When a case is said to be disposed of, it just means that the case is concluded, indicating that no more court dates are planned. Once the case is listed in this manner, it will be withdrawn from the court docket, and no more hearings will be scheduled, regardless of what transpired in the case.
In this article, we will discuss a disposed case and the steps involved in appealing it.
Reassessing the Legal Process
In the appeal process, the appellant, who initiates the appeal, must dispute that the trial court has committed a legal error that has directly impacted the case’s outcome. The appellant then prepares to argue that the case should be overturned due to the error.
The appellee, the opposing party, has the opportunity to submit a brief that refutes the appellant’s points, thereby playing a significant role in the process. New testimony or evidence is not presented to the appellate court.
Specifically, it examines the trial’s certified documents. About 20% of the time, attorneys representing each party appear in person before the courts and are permitted to present oral arguments. Examining the situation can lead to three possible outcomes:
- Affirm: This validates the ruling rendered by the lower court.
- Remand: The judges remanded the matter to the lower court, which will now follow the decisions made by the appellate court.
- Vacate: This indicates that the judges reversed the verdict after discovering a trial error.
Following the Court of Appeals’ ruling, the Kentucky Supreme Court has the option to review the case. If the state high court decides to take up the case, the party may then attempt to appeal to the U.S. Supreme Court. This hierarchy of courts is an important aspect of the appeal process.
A panel of three judges reviews criminal cases from the circuit courts, while one of the state’s 14 appellate judges hears the remaining cases.
How Can the Accused Appeal a Disposed Case?
The Constitution guarantees the right to at least one appeal to parties involved in criminal proceedings. This is usually the appellant and the party who files the appeal. They must demonstrate that the trial court erred in law and that this affected the case’s outcome.
The process involved in appealing a disposed case is as follows:
- The appellant submits a Notice of Appeal to the Court of Appeals.
- The trial court’s record is delivered to the Court of Appeals.
- Both parties in the case file briefs with the Court of Appeals.
- The Court of Appeals gives a written opinion or decision.
- The losing party at the Court of Appeals level may request a rehearing of the case or a review of the Court of Appeals ruling.
- When the Kentucky Supreme Court decides to review a decision made by a lower court, both parties submit their briefs, and the record is presented.
- The case is immediately appealed to the Kentucky Supreme Court if the circuit court’s decision results in a sentence of death, life in prison, or more than 20 years of imprisonment.
- The Kentucky Supreme Court carefully reviews the criminal appeal.
- Oral arguments can be conducted.
- The Kentucky Supreme Court states its written opinion or decision.
- The losing party at the Kentucky Supreme Court may request that the court rehear the case.
- In certain instances, a party can ask the U.S. Supreme Court to evaluate the Kentucky Supreme Court’s decision.
Do I Need to Seek the Help of a Criminal Defense Lawyer?
Understanding dispositions is helpful, but it’s also critical to remember that every case is unique. Consulting a skilled criminal defense attorney is crucial if you are looking to appeal a disposed criminal case.
