{"data":{"id":"us-ky/krs-35.328","jurisdiction":"us-ky","citation":"KRS 35.328","heading":"Appeal by the state.","body":"(1) (a) In a trial by court -martial in which a punitive discharge may be adjudged, the\nstate may appeal the following, other than a finding of not guilty with respect\nto the charge or specification by the members of the court -martial, or by a\njudge in a bench trial so long as it is not made in reconsideration:\n1. An order or ruling of the military judge which terminates the\nproceedings with respect to the charge or specification;\n2. An order or ruling which excludes evidence that is substantial proof of a\nfact material in the proceeding;\n3. An order or ruling which directs the disclosure of classified information;\n4. An order or ruling which imposes sanctions for nondisclosure of\nclassified information;\n5. A refusal of the military judge to issue a protective order sought by the\nstate to prevent the disclosure of classified information; and\n6. A refusal by the military judge to enforce an order described in\nsubparagraph 5. of this paragraph that has previously been issued by the\nappropriate authority.\n(b) An appeal o f an order or ruling may not be taken unless the trial counsel\nprovides the military judge with written notice of appeal from the order or\nruling within seventy -two (72) hours of the order or ruling. The notice shall\ninclude a certification by the trial co unsel that the appeal is not taken for the\npurpose of delay and, if the order or ruling appealed is one which excludes\nevidence, that the evidence excluded is substantial proof of a fact material in\nthe proceeding.\n(c) An appeal under this section shall be diligently prosecuted as provided by law.\n(2) An appeal under this section shall be forwarded to the court prescribed in KRS\n35.333. In ruling on an appeal under this section, that court may act only with\nrespect to matters of law.\n(3) Any period of delay resulting from an appeal under this section shall be excluded in\ndeciding any issue regarding denial of a speedy trial unless an appropriate authority\ndetermines that the appeal was filed solely for the purpose of delay with the\nknowledge that it was totally frivolous and without merit.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41941","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"338c88a76bd46ba30e21c62f5a7b851d9d42dce74f661d05d1656af8c8f015f3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.327","next":"us-ky/krs-35.329"},"notice":"GroundRules: Original legal text. Not legal advice."}