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Appeals

Criminal appeals have very strict timelines. If you're interested in a review of your case, please call us right away. Time is precious.


Common deadlines associated with appeals are as follows:


  • 5 Days – Motion for a new trial after a verdict, or “59.02 Motion”
  • 30 Days – Notice of appeal to a higher court
  • 1 Year – A “60.02 Motion” – Mistake, Inadvertence, Excusable Neglect, Newly Discovered Evidence, Fraud, etc.
  • 3 Years – An “11.42 Motion” – To Set Aside, Vacate, or Amend the Sentence. This type of Motion is used when making a claim for Ineffective Assistance of Counsel. 

Direct Appeal

If you had a trial and were convicted, you may be entitled to a direct appeal. If you entered a guilty plea, you are typically not entitled to a direct appeal, unless there was some part of your case, or issue, that – as part of your plea agreement – you preserved for appeal.

We take appeals for various types of cases:

  • Child Custody Appeals
  • Federal Appeals
  • District Court to Circuit Court Appeals
  • DUI Conviction Appeals
  • Kentucky Court of Appeals
  • Kentucky Supreme Court

Depending on your case, only certain courts hear appeals of certain types of cases. For example, if you want to appeal your District Court verdict, then it would be appealed to Circuit Court in the same county. A Circuit Court verdict goes up to the Kentucky Court of Appeals, or in some cases, directly to the Kentucky Supreme Court. 

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