(Download) "Commonwealth v. Bailey" by Supreme Court of Kentucky " Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Bailey
- Author : Supreme Court of Kentucky
- Release Date : January 21, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
As amended April 29, 2002 TO BE PUBLISHED REVERSING AND REMANDING I. ISSUE After a jury found Appellee guilty of a felony offense, the trial court granted him a new trial. The Commonwealth appealed from the trial court's new trial order and asked the Court of Appeals to reinstate the jury's verdict. The Court of Appeals held that the Commonwealth could not obtain the relief it requested because the Commonwealth could appeal from a new trial order only for the purpose of certifying the law. Accordingly, the Court of Appeals declined to review the circuit court's order and dismissed the Commonwealth's appeal. Is the Commonwealth's appeal from an order granting a new trial limited to a certification of the law? Because we find that, in the context of an appeal by the Commonwealth from an order granting a new trial, KRS 22A.020(4) authorizes the Court of Appeals to reverse the trial court's ruling and to reinstate the trial verdict, we hold that the Commonwealth is not limited to seeking certification of the law when a trial court grants a motion for a new trial. II. FACTS