Bench & Bar

SEP 2018

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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43 BENCH & BAR | (c) Criminal cases. e times in which briefs are required to be filed in criminal cases shall be the same as in civil cases, except as follows: (i) If counsel for the appellant is the Public Advocate of the Commonwealth or the Attorney General of the Com- monwealth, or designee, the appellant's brief shall be filed within 60 days after the date on which the record on appeal was received by the clerk of the appellate court (notice of which shall be sent); and (ii) If counsel for the appellant is someone other than the Public Advocate of the Commonwealth or the Attorney General of the Commonwealth, or designee, the appellee's brief shall be filed within 60 days after the date on which the appellant's brief was filed or within 60 days after the date on which the record on appeal was received by the clerk of the appellate court, whichever is the later. AMENDMENTS TO THE RULES OF CRIMINAL PROCEDURE (RCr) A. RCr 4.50 Exoneration of bond at the request of surety; Surrender the Defendant New rule RCr 4.50 shall replace the current RCr 4.50 and shall read: (1) At any time before forfeiture, any surety or any party acting at the request of the surety, may move the court before which the defendant has been held to answer, for exoneration from liability on the bond or recognizance and that any money or bonds that have been deposited as bail be returned to the surety. e motion must be in writing and served upon all parties. (2) After a hearing upon the motion, for good cause shown, the court may exonerate the surety or sureties, subject to the interests of any valid lienholder, from liability on the bond or recognizance. Any money or bonds that have been deposited as bail shall be returned to the surety or sureties once the defendant is remanded to custody or released on such conditions required by the court. B. RCr 13.10 Search Warrant: who may issue RCr 13.10 shall read: (1) Upon affidavit sufficient under Section 10 of the Kentucky Constitution and sworn, either in the presence of or through reliable electronic means, before an official authorized to administer oaths as provided in Rule 2.02 for the swearing of complaints, a search warrant may be issued by a judge, trial commissioner, or other official authorized by statute to issue search warrants. (2) Where a reliable electronic means is being used in lieu of actual presence before an official authorized to administer oaths, the official administering the oath must be in oral communication with the person completing the affidavit, so that the official administering the oath may comply with the requirements for administering oaths. e official administering the oath shall certify on the affidavit or an accompanying document that the oath was taken while in oral communication, and shall state the name and title of the official administering the oath and the time the affidavit was sworn. (3) A copy of the search warrant and supporting affi- davit shall be retained by the judge or other official issuing the warrant and promptly filed with the clerk of the court to which the warrant is returnable. (4) e officer authorized to execute a search warrant shall make return thereof to the appropriate court within a reasonable time of its execution. e return shall show the date and hour of service. C. RCr 13.15 Biological Evidence RCr 13.15 shall read: (1) e custodial agency holding evidence, pursuant to a valid court order, involved in a criminal prosecution of a defendant where the penalty of death, life without parole, or life without parole for 25 years is imposed shall preserve all biological evidence for as long as the defendant remains incarcerated under the sentence. (2) Upon request, all biological evidence shall be made available to defendants enumerated in subsection (1) and said defendants may seek appropriate relief notwithstand- ing any other provision of the law. (3) "Biological evidence" includes the content of sexual assault examination kits, and any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material that is collected as part of a criminal investigation which may reasonably be used to incriminate or exculpate any person for a criminal offense. All sitting. All concur. ENTERED: August 20 , 2018

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