Ky. R. App. Prac. RAP 47

As amended through October 28, 2024
Rule RAP 47 - Neither Petition for Rehearing nor Motion Discretionary Review Required for Exhaustion in Criminal Appeals

In all appeals from criminal convictions or post-conviction relief matters a litigant shall not be required to petition for rehearing or to file a motion for discretionary review to either the Kentucky Court of Appeals or Kentucky Supreme Court following an adverse decision of either the circuit court or Court of Appeals in order to be deemed to have exhausted all available state remedies respecting a claim of error. Rather, when the claim has been presented to the appellate court, and relief has been denied, the litigant shall be deemed to have exhausted all available state remedies available for that claim. If rehearing or discretionary review is sought on less than all of the claims of error presented on appeal, the litigant, nevertheless, shall be deemed to have exhausted all available state remedies respecting the claim(s) of error for which rehearing or discretionary review is not sought. Finality of the opinion for all claims of error is governed by RAP 40(G).

Ky. R. App. Prac. RAP 47

Adopted by order 2022-49, eff. 1/1/2023.