Kentucky Revised Statutes

Ky. Rev. Stat. § 22A.020 (2026)

Jurisdiction -- Appeal procedures

✓ current as of May 2026

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(1) Except as provided in Section 110 of the Constitution, an appeal may be taken as a matter of right to the Court of Appeals from any conviction, final judgment, order, or decree in any case in Circuit Court, including a family court division of Circuit Court, unless such conviction, final judgment, order, or decree was rendered on an appeal from a court inferior to Circuit Court. (2) The Court of Appeals has jurisdiction to review interlocutory orders of the Circuit Court in civil cases, but only as authorized by rules promulgated by the Supreme Court. (3) Notwithstanding any other provision in this section, there shall be no review by appeal or by writ of certiorari from that portion of a final judgment, order or decree of a Circuit Court dissolving a marriage. (4) An appeal may be taken to the Court of Appeals by the state in criminal cases from an adverse decision or ruling of the Circuit Court, but only under the following conditions: (a) Such appeal shall not suspend the proceedings in the case. (b) Such appeal shall be taken in the manner provided by the Rules of Criminal Procedure and the Rules of the Supreme Court, except that the record on appeal shall be transmitted by the clerk of the Circuit Court to the Attorney General; and if the Attorney General is satisfied that review by the Court of Appeals is important to the correct and uniform administration of the law, he may deliver the record to the clerk of the Court of Appeals within the time prescribed by the above-mentioned rules. (c) When an appeal is taken pursuant to this subsection, the Court of Appeals, if the record so warrants, may reverse the decision of the Circuit Court and order a new trial in any case in which a new trial would not constitute double jeopardy or otherwise violate any constitutional rights of the defendant. (5) Any party aggrieved by the judgment of the Circuit Court in a case appealed from a court inferior thereto may petition the Court of Appeals for a writ of certiorari. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 66, sec. 16, effective June 24, 2003. -- Created 1976 Ky. Acts ch. 70, sec. 3, effective March 23, 1976.

Notes of Decisions

Cited in 97 cases (36 in the last 5 years), 1977–2026 · leading case: Commonwealth v. Bailey, 71 S.W.3d 73 (Ky. 2002).

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Commonwealth v. Bailey, 71 S.W.3d 73 (Ky. 2002). · cites it 54× “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…”

Ballard v. Commonwealth, 320 S.W.3d 69 (Ky. 2010). · cites it 11× “In response, Appellant argues that KRS 22A.020 is unconstitutional because it is arbitrary and violates the separation of powers doctrine.”

Moore v. Commonwealth, 199 S.W.3d 132 (Ky. 2006). · cites it 14× “KRS 22A.020(1) provides: Except as provided in Section 110 of the Constitution, an appeal may be taken as a matter of right to the Court of Appeals from any conviction, final judgment, order, or decree in any case in Circuit Court, .”

Age v. Age, 340 S.W.3d 88 (Ky. Ct. App. 2011). · cites it 6× “" But while KRS 22A.020(3) does not allow appellate review of a dissolution decree if it is erroneous, appellate review of void judgments is permissible.”

Clements v. Harris, 89 S.W.3d 403 (Ky. 2002). · cites it 10× “While the Court of Appeals determined the circuit court lacked the proper jurisdiction due to Leroy's failure to meet the 180-day next residency requirement, it held that under KRS 22A.020(3), the dissolution decree could not be disturbed and must be affirmed.”

Newkirk v. Commonwealth, 505 S.W.3d 770 (Ky. 2016). · cites it 7× “2014), we rather extensively detailed the provisions of KRS 22A.020 relating to the jurisdiction of the Court of Appeals with respect to interlocutory appeals in criminal cases.”

Commonwealth v. Farmer, 423 S.W.3d 690 (Ky. 2014). · cites it 9× “The General Assembly exercised this authority when it enacted KRS 22A.020, providing: (1) Except as provided in Section 110 of the Constitution, an appeal may be taken as a matter of right to the Court of Appeals from any conviction, final judgment, order, or decree in any case…”

Breathitt Cnty. Bd. of Educ. v. Prater, 292 S.W.3d 883 (Ky. 2009). · cites it 3× “We are fully aware of KRS 22A.020(2) which states that the Court of Appeals "has jurisdiction to review interlocutory orders of the Circuit Court in civil cases, but only as authorized by rules promulgated by the Supreme Court.”

Tipton v. Commonwealth, 770 S.W.2d 239 (Ky. Ct. App. 1989). · cites it 7× “In its statement of appeal, the Commonwealth said the appeal was pursuant to Section 115 of the Kentucky Constitution and KRS 22A.020. In reversing the district court, the circuit court adjudged that Tipton’s attorney informed him of all his constitutional rights and that…”

Cassetty v. Commonwealth, 495 S.W.3d 129 (Ky. 2016). · cites it 4× “The General Assembly has done so in KRS 22A.020. Under that statute, except in limited circumstances not applicable to this case, 2 an appeal to the Court of Appeals is *132 allowed only from a circuit court’s final order or judgment.”

Evans v. Commonwealth, 645 S.W.2d 346 (Ky. 1982). · cites it 6× “” As expressly authorized by KRS 22A.020(4), the Commonwealth appealed these interlocutory orders to the Court of Appeals, which held that there is no authority for such a transfer and directed the trial court to enter new orders accordingly.”

Ford v. Ford, 578 S.W.3d 356 (Ky. Ct. App. 2019). “KRS 22A.020 ; Cassetty v. Commonwealth , 495 S.”

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— Ky. Rev. Stat. § 22A.020(1) — 14 cases

Moore v. Commonwealth, 199 S.W.3d 132 (Ky. 2006). “KRS 22A.020(1) provides: Except as provided in Section 110 of the Constitution, an appeal may be taken as a matter of right to the Court of Appeals from any conviction, final judgment, order, or decree in any case in Circuit Court, .”

Newell Enter., Inc. v. Bowling, 158 S.W.3d 750 (Ky. 2005).

Cassetty v. Commonwealth, 495 S.W.3d 129 (Ky. 2016). “The General Assembly has done so in KRS 22A.020. Under that statute, except in limited circumstances not applicable to this case, 2 an appeal to the Court of Appeals is *132 allowed only from a circuit court’s final order or judgment.”

Tax Ease Lein Investments 1, LLC v. Brown, 340 S.W.3d 99 (Ky. Ct. App. 2011).

Francis v. Crounse Corp., 98 S.W.3d 62 (Ky. Ct. App. 2002).

— Ky. Rev. Stat. § 22A.020(2) — 7 cases

Breathitt Cnty. Bd. of Educ. v. Prater, 292 S.W.3d 883 (Ky. 2009). “We are fully aware of KRS 22A.020(2) which states that the Court of Appeals "has jurisdiction to review interlocutory orders of the Circuit Court in civil cases, but only as authorized by rules promulgated by the Supreme Court.”

Commonwealth v. Farmer, 423 S.W.3d 690 (Ky. 2014). “The General Assembly exercised this authority when it enacted KRS 22A.020, providing: (1) Except as provided in Section 110 of the Constitution, an appeal may be taken as a matter of right to the Court of Appeals from any conviction, final judgment, order, or decree in any case…”

Kentucky High Sch. Athletic Ass'n v. Edwards, 256 S.W.3d 1 (Ky. 2008).

Upper Pond Creek Volunteer Fire Dep't, Inc. v. Ronnie Kinser (Ky. 2020).

— Ky. Rev. Stat. § 22A.020(3) — 11 cases

Age v. Age, 340 S.W.3d 88 (Ky. Ct. App. 2011). “" But while KRS 22A.020(3) does not allow appellate review of a dissolution decree if it is erroneous, appellate review of void judgments is permissible.”

Clements v. Harris, 89 S.W.3d 403 (Ky. 2002). “While the Court of Appeals determined the circuit court lacked the proper jurisdiction due to Leroy's failure to meet the 180-day next residency requirement, it held that under KRS 22A.020(3), the dissolution decree could not be disturbed and must be affirmed.”

Drake v. Drake, 809 S.W.2d 710 (Ky. Ct. App. 1991).

Est. of Mills v. Mills, 473 S.W.3d 94 (Ky. Ct. App. 2015).

Goldman v. Eichenholz, 851 S.W.2d 463 (Ky. 1993).

— Ky. Rev. Stat. § 22A.020(4) — 47 cases

Commonwealth v. Bailey, 71 S.W.3d 73 (Ky. 2002). “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…”

Ballard v. Commonwealth, 320 S.W.3d 69 (Ky. 2010). “In response, Appellant argues that KRS 22A.020 is unconstitutional because it is arbitrary and violates the separation of powers doctrine.”

Evans v. Commonwealth, 645 S.W.2d 346 (Ky. 1982). “” As expressly authorized by KRS 22A.020(4), the Commonwealth appealed these interlocutory orders to the Court of Appeals, which held that there is no authority for such a transfer and directed the trial court to enter new orders accordingly.”

— Ky. Rev. Stat. § 22A.020(4)(a) — 9 cases

Newkirk v. Commonwealth, 505 S.W.3d 770 (Ky. 2016). “2014), we rather extensively detailed the provisions of KRS 22A.020 relating to the jurisdiction of the Court of Appeals with respect to interlocutory appeals in criminal cases.”

Tipton v. Commonwealth, 770 S.W.2d 239 (Ky. Ct. App. 1989). “In its statement of appeal, the Commonwealth said the appeal was pursuant to Section 115 of the Kentucky Constitution and KRS 22A.020. In reversing the district court, the circuit court adjudged that Tipton’s attorney informed him of all his constitutional rights and that…”

Eaton v. Commonwealth, 562 S.W.2d 637 (Ky. 1978).

Commonwealth v. Howard, 665 S.W.2d 320 (Ky. Ct. App. 1984).

— Ky. Rev. Stat. § 22A.020(4)(b) — 8 cases

Commonwealth v. Schumacher, 566 S.W.2d 762 (Ky. Ct. App. 1978).

Singleton v. Commonwealth, 364 S.W.3d 97 (Ky. 2012).

Commonwealth v. Evans, 645 S.W.2d 350 (Ky. Ct. App. 1982).

Commonwealth of Kentucky v. Paradise Burkhead (Ky. 2023).

— Ky. Rev. Stat. § 22A.020(4)(c) — 2 cases

Commonwealth v. Blincoe, 33 S.W.3d 533 (Ky. Ct. App. 2000).

— Ky. Rev. Stat. § 22A.020(5) — 4 cases

Beard v. Commonwealth ex rel. Shaw, 891 S.W.2d 382 (Ky. 1994).

Woodward v. Commonwealth, 949 S.W.2d 599 (Ky. 1997).

Linda Day, as of the Est. of Elta Renfrow v. Loretta Filip, Individually & as the of the Est. of Joseph Randall Renfrow (Ky. Ct. App. 2023).

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