by admin | May 13, 2021 | Criminal Procedure, Kentucky
When a motion for a new trial is supported by affidavits, the Commonwealth has ten (10) days after service of the motion within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty (20) days either by the court...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) The motion for a new trial shall be served not later than five (5) days after return of the verdict. A motion for a new trial based upon the ground of newly discovered evidence shall be made within one (1) year after the entry of the judgment or at a later time if...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
A juror cannot be examined to establish a ground for a new trial, except to establish that the verdict was made by lot. Ky. R. Crim. P. RCr 10.04Adopted eff. 1-1-63
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) Upon motion of a defendant, the court may grant a new trial for any cause which prevented the defendant from having a fair trial, or if required in the interest of justice. If trial was by the court without a jury, the court may vacate the judgment, take...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) If the defense of insanity is made by the defendant, the jury must be instructed to state the finding of insanity in their verdict if they acquit the defendant on that ground. (2) When such a verdict is returned the court may on motion of the prosecuting attorney...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
When the verdict is announced, either party may require the jury to be polled, which is done by the clerk’s or court’s asking each juror if it is his or her verdict. If upon the poll, there is not unanimous concurrence, the verdict cannot be received. Ky....
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