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Baldani Law Group

Lexington & Central Kentucky Criminal Defense Attorneys

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      • Russ Baldani
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Blog
  • Home
  • About Our Firm
    • Attorneys
      • Russ Baldani
      • Brandi Lewis
      • Tucker Richardson
      • Mike Rowland
      • Rachel Yavelak
      • Daniel Crall
    • Areas We Serve
      • Carlisle
      • Danville
      • Frankfort
      • Georgetown
      • Harrodsburg
      • Lawrenceburg
      • Lexington
      • Morehead
      • Mt. Vernon
      • Nicholasville
      • Paris
      • Richmond
      • Versailles
      • Williamstown
      • Winchester
    • Baldani Law Group Scholarship
  • Practice Areas
    • Criminal Defense
      • Appeals
      • Arson
      • Assault
      • Burglary
      • Criminal Trespass
      • Disorderly Conduct
      • Domestic Violence
        • Protective Order Violations
      • DUI
      • Drug Offenses
        • Marijuana Crimes
      • Expungements
      • Flagrant Non Support
      • Kidnapping
      • Misdemeanor
      • Probation Revocation
      • Professional License Defense
      • Sex Offenses
        • Possession of Child Pornography
      • Student Conduct & Discipline Hearings
        • Title IX Defense
      • Theft
        • Robbery
        • Shoplifting
        • Theft By Deception
      • Traffic Law
        • Reckless Driving
      • Federal Crimes
      • Murder
        • Manslaughter
          • Reckless Homicide
      • White Collar Crimes
    • Family Law
    • Personal Injury
  • Case Results
  • Reviews
  • Blog
  • Resources
    • Divorce FAQs
    • Fayette County Substance Abuse Resources
    • Kentucky Gun Law Guide
    • Automated Void & Seal Tool For Kentucky Possession of Marijuana Charges
    • Suppression Series
    • Understanding Kentucky Bond and Pretrial Release
    • UK Students Guide to Drinking, Drugs and the Police
  • Contact Us

Lexington Appeals Attorneys

Appealing a criminal conviction can be a complex process. Once a conviction is entered, the clock is ticking on meeting important deadlines for filing a notice of appeal or raising certain arguments. Depending on the type of case in which the conviction was rendered and where a case is located in the appeals process, there are multiple types of appeals that can be sought, including direct appeal in state court, state post-conviction appeals, federal post-conviction or habeas appeals, and state habeas appeals. All of these are distinct in the types of arguments and issues that may be raised and may depend greatly on whether an issue was voiced during the trial or in an earlier appeal. Those seeking to appeal their criminal conviction need an experienced attorney to navigate the appeals process and make sure that their rights are protected.

Under § 115 of the Kentucky Constitution, at least one appeal to another court is a matter of right in all cases. The Kentucky Rules of Criminal Procedure (RCr) and Civil Procedure (CR) supply most of the rules that must be followed during the process of appealing a conviction. All appeals are heard by the next highest court after a notice of appeal is filed in the trial court. This means that a misdemeanor conviction in district court will be appealed to circuit court. A felony conviction received in circuit court will be appealed to the Kentucky Court of Appeals. The exception to this rule are cases with a judgment imposing a sentence of death, life imprisonment, or imprisonment for 20 years or more. These cases are appealed directly to the Supreme Court of Kentucky.

DEADLINES

There are a number of deadlines to be aware of when starting an appeal. A motion for new trial must be filed within five days after the verdict is returned, unless new evidence is discovered. A notice of appeal must be filed within 30 days after the judgment is received. However, if a motion for a new trial has been filed, the 30-day clock does not begin until the date that motion is denied. A motion to vacate, set aside, or correct the sentence under RCr 11.42 must be filed within three years of when the conviction became final.

ISSUES

The appeals process also places several limitations on what issues may be raised. A motion for new trial or any part of the direct appeal process can only raise issues from the trial record. Once this process is exhausted, the defendant moves to the state post-conviction stage. A new record can be established if a motion to vacate under RCr 11.42 is filed. The most common issue raised under these motions is ineffective assistance of counsel. If efforts to appeal on these grounds are not successful, federal constitutional issues can be argued during the federal post-conviction stage. Once this process has been completed, courts are unlikely to hear other appeals unless new evidence arises.

STANDARD

Generally, findings of fact made at the trial level are not set aside in appeals unless they are “clearly erroneous.” Conclusions of law, such as a court’s application of a particular statute or jury instruction errors, are reviewed de novo. This means that they are reviewed without giving weight to the trial court’s decision on the matter.

EXAMPLES

The attorneys at Baldani Law Group have considerable experience with filing and successfully arguing appeals at the state and federal level in both civil and criminal matters. Examples include:

  • Appeals from state district court to circuit court (such as appeals of DUI convictions);
  • Appeals from conditional guilty pleas;
  • Appeals and motions for discretionary review to both the Kentucky Court of Appeals and Kentucky Supreme Court;
  • Appeals of federal bond decisions;
  • Appeals to the Sixth Circuit Court of Appeals;
  • Petitions for Certiorari to the United States Supreme Court;
  • Various other post-conviction remedies, such as 11.42 claims (ineffective assistance of counsel) and habeas corpus petitions

If you or a loved one is seeking an appeal from a criminal conviction, don’t let important rights slip by. For a consultation, contact us online or call us at (859) 259-0727.

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Personal Injury


 

Expungements

Client Testimonials

I Couldn’t Ask For A Better Lawyer

Tucker is good at what he does and it shows. I couldn’t ask for a better lawyer. He treated me more like a friend than just another client. Money well spent. I would recommend him to anyone in search of a criminal defense lawyer. I asked around who was the best lawyer in town, I was told Baldani Law Group…

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Did Not Give Up

Tucker Richardson worked really hard for me and did not give up during the arraignment for my second Alcohol Intoxication charge to prove there was no probable cause for my arrest. His effort and persistence ultimately led to the judge not wanting to send my case to trial and the charge of AI against me was dismissed…

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HIGHLY Recommend

Too bad you can only give five stars!! Frankly, I’ve had to use the services of Tucker and Brandi more often than I want, but what a super job they did. They are professional, but they don’t lose that personal connection. I would HIGHLY recommend them to anyone, anytime. Love you guys!!!!

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Amazing

Brandi Lewis is amazing!!! Great communication, clear expectations, efficient and effective. We honestly could not ask for more from her!!! This entire team is a very reputable office that should be used with any legal needs. Thanks for everything!!!

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THIS IS THE FIRM YOU MUST CHOOSE!

If you are here reading reviews in hopes of finding a law firm that can help you and get you the best results possible, THIS IS THE FIRM YOU MUST CHOOSE! We hired Tucker a couple months back, the state was trying to void my probation an my future at freedom was at great risk.

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I would highly recommend Whitney Rowe!

I would highly recommend Whitney Rowe! She was very easy to work with, communicated very clearly and had a sense of calm that was relieving as a client. She was up front with all the possible outcomes of the case and didn’t leave me with any false hope.

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VIEW ALL TESTIMONIALS

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BALDANI LAW GROUP
300 W Short Street, Lexington, KY 40507

(859) 259-0727 (Phone)

(859) 787-0259 (Fax)

Monday-Friday 8 a.m. to 5 p.m.

PROVEN RESULTS

Established in 1988, the Baldani Law Group has successfully represented thousands of individuals across the Commonwealth of Kentucky. With over 100 years of combined experience, let our team of attorneys fight for your rights.

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