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Criminal Procedure

Law Faculty Scholarly Articles

Right to counsel

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Kentucky Law Survey: Criminal Procedure, William H. Fortune Jan 1985

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.


Kentucky Law Survey: Criminal Rules, William H. Fortune Jan 1982

Kentucky Law Survey: Criminal Rules, William H. Fortune

Law Faculty Scholarly Articles

In May 1978 the Kentucky Supreme Court set up a Criminal Rules Revision Committee (Advisory Committee) to study Kentucky's Rules of Criminal Procedure. The purpose of the Advisory Committee was to make recommendations to the Judicial Council. The committee met sixteen times between July 1978 and July 1980, and at the conclusion of its study, submitted a comprehensive revision of the rules of criminal procedure to the judicial council. These proposed revisions went beyond mere amendment of the existing rules. The Advisory Committee drew heavily from the Federal Rules of Criminal Procedure, and ultimately proposed extensive changes in plea ...


Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson Jan 1978

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice ...


Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr. Jan 1975

Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

In 1974, the Kentucky Court of Appeals decided a number of criminal procedure cases. Although these included cases involving prisoners’ rights, probation revocation procedure, and discovery, the more significant decisions were in the area of the right of effective assistance of counsel and the area of search and seizure. It is to these latter two areas that the author will limit his discussion.