Moore v. Commonwealth

Because this is the first time since Kentucky courts have operated under the modern civil and criminal rules that any appellate court of this Commonwealth has ignored the mandatory time-limitation contained in our rules governing appeals absent overriding requirements stemming from federal constitutional law, I dissent.

Appeals of post-conviction proceedings, such as those pursuant to RCr 11.42, are taken pursuant to RCr 12.04, which provides that “[t]he time within which an appeal may be taken shall be thirty (30) days after the date of entry of the judgment or order from which it is…