by admin | May 13, 2021 | Criminal Procedure, Kentucky
Pleadings in criminal proceedings shall be the indictment, information, complaint or uniform citation, and the plea of guilty, guilty but mentally ill, or not guilty. No other plea, demurrer, or motion to quash shall be used, and defense or objections that before the...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
At any time before judgment the court may permit the plea of guilty or guilty but mentally ill, to be withdrawn and a plea of not guilty substituted. If the court rejects the plea agreement, the court shall, on the record, inform the parties of this fact, advise the...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
With the approval of the court a defendant may enter a conditional plea of guilty, reserving in writing the right, on appeal from the judgment, to review of the adverse determination of any specified trial or pretrial motion. A defendant shall be allowed to withdraw...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
A defendant may plead not guilty, guilty or guilty but mentally ill. The court may refuse to accept a plea of guilty or guilty but mentally ill, and shall not accept the plea without first determining that the plea is made voluntarily with understanding of the nature...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) Insanity Defense; Notice; Mental Examination.(A) Notice by Defendant. A defendant who intends to assert a defense of insanity at the time of the alleged offense shall, not less than ninety (90) days before the date set for commencement of trial of the alleged...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
If upon arraignment or during the proceedings there are reasonable grounds to believe that the defendant lacks the capacity to appreciate the nature and consequences of the proceedings against him or her, or to participate rationally in his or her defense, all...
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