(1) Any party to a hearing on a writ may appeal to the Court of Appeals by filing with
the clerk of the court, within thirty (30) days after the entry of the judgment, the
original record and a transcript of the evidence, together with a notice of appeal,
which notice shall be served on the other parties at least two (2) days before the
appeal is filed. Upon the filing of the appeal the clerk shall immediately deliver the
papers to the Chief Judge.
(2) If the judgment in a habeas corpus proceeding orders the release of the person
detained, any party may have the judgment stayed until the appeal is filed by
notifying the judge rendering the judgment that he intends to appeal and upon
complying with such terms as to bond or otherwise as the judge deems proper for
the security of the person detained. The Court of Appeals may continue, modify or
set aside the stay pending the appeal. The appellant may be required to give security
for costs.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 421. -- Amended 1976
Ky. Acts ch. 62, sec. 125. -- Created 1962 Ky. Acts ch. 234, sec. 30.
Notes of Decisions
Commonwealth v. Marcum, 873 S.W.2d 207 (Ky. 1994).
· cites it 2× “" KRS 419.130 provides a method for an expedited appeal.”
Crady v. Cranfill, 371 S.W.2d 640 (Ky. Ct. App. 1963).
· cites it 2× “” KRS 419.130(1). Appellants filed notice of appeal on the same day the judgment was entered.”
Galloway v. Pruitt, 469 S.W.2d 556 (Ky. Ct. App. 1971).
· cites it 2× “2d 827 , and KRS 419.130. Upon further consideration of the questions which have been raised here and in cases such as Bramblet v.”
Ivey v. Wilson, 577 F. Supp. 169 (W.D. Ky. 1983).
“045 (good time provisions) and pursue his state appellate remedies under KRS 419.130. After the Adjustment Committee hearing, the prison officials may award Ivey such penalty as is justified by the evidence, crediting him with time already served.”
Abraham v. Commonwealth, 565 S.W.2d 152 (Ky. Ct. App. 1977).
“See KRS 419.130. *156 Based on the guidelines set forth in Gab-bard v.”
Gray v. Wingo, 423 S.W.2d 517 (Ky. Ct. App. 1968).
“KRS 419.130. We affirm. The conviction occurred in October 1965 in the Christian Circuit Court after a trial before the court.”
Bramblet v. Cox, 461 S.W.2d 349 (Ky. Ct. App. 1970).
· cites it 2× “The fact that the appellant’s counsel themselves did not consider this to be really a habeas corpus proceeding is evidenced by their failure to conform with the special statutory requirements for appeals in ha-beas corpus cases, as set forth in KRS 419.130. 1 The appellant makes…”
Lunsford v. Commonwealth, 436 S.W.2d 512 (Ky. Ct. App. 1969).
“KRS 419.130. The record shows that Lunsford is detained in the Lincoln County Jail under a $75,000 peace bond by an order of the Lincoln County Judge entered on June 6, 1968, on which day Lunsford had been arrested on a.”
Brewster v. Luby, 380 S.W.2d 261 (Ky. Ct. App. 1964).
“KRS 419.130. This court has denied the present appellant’s petition for order of prohibition.”
Luby v. Jackson, 460 S.W.2d 827 (Ky. Ct. App. 1970).
“02(2), but no notice of appeal was filed in this court as directed by KRS 419.130(1). In these circumstances, the appeal must be dismissed, not only for untimely filing of the record but also for failure to follow the statutorily required procedure of filing the notice of appeal…”
Brewster v. Bradley, 379 S.W.2d 480 (Ky. Ct. App. 1964).
“In other words, a denial of the writ of habeas corpus in the factual situation presented would be equivalent to releasing the petitioner to the State of Michigan in compliance with the order of extradition, and the appeal allowable in habeas corpus actions under KRS 419.130…”
Robertson v. Commonwealth, 177 S.W.3d 789 (Ky. 2005).
· cites it 2× “120(2) ("Provided, however, that the notice of appeal and order appealed from shall be filed with the clerk of the Court of Appeals within thirty (30) days...."); KRS 351.194(8) ("An appeal of an order of the commission shall be filed in the Franklin Circuit Court within thirty…”
— Ky. Rev. Stat. § 419.130(1) — 5 cases
Crady v. Cranfill, 371 S.W.2d 640 (Ky. Ct. App. 1963).
“” KRS 419.130(1). Appellants filed notice of appeal on the same day the judgment was entered.”
Luby v. Jackson, 460 S.W.2d 827 (Ky. Ct. App. 1970).
“02(2), but no notice of appeal was filed in this court as directed by KRS 419.130(1). In these circumstances, the appeal must be dismissed, not only for untimely filing of the record but also for failure to follow the statutorily required procedure of filing the notice of appeal…”
Robertson v. Commonwealth, 177 S.W.3d 789 (Ky. 2005).
“120(2) ("Provided, however, that the notice of appeal and order appealed from shall be filed with the clerk of the Court of Appeals within thirty (30) days...."); KRS 351.194(8) ("An appeal of an order of the commission shall be filed in the Franklin Circuit Court within thirty…”
— Ky. Rev. Stat. § 419.130(2) — 2 cases
Crady v. Cranfill, 371 S.W.2d 640 (Ky. Ct. App. 1963).
“” KRS 419.130(1). Appellants filed notice of appeal on the same day the judgment was entered.”
Galloway v. Pruitt, 469 S.W.2d 556 (Ky. Ct. App. 1971).
“2d 827 , and KRS 419.130. Upon further consideration of the questions which have been raised here and in cases such as Bramblet v.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.