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BEARD v. COMMONWEALTH

No. 93-SC-664-DG.

891 S.W.2d 382 (1994)

Louis Winfrey BEARD, Appellant, v. COMMONWEALTH of Kentucky, ex rel., Phyllis SHAW, Appellee.

Supreme Court of Kentucky.

December 22, 1994.

Attorney(s) appearing for the Case

Samuel Manly, Louisville, Elmer J. George, Lebanon, for appellant.

Philip S. George, Jr., Lebanon, for appellee.

MEMORANDUM OPINION OF THE COURT

This case presents an issue of appellate procedure concerning CR 76.20 and CR 73.02. This action began in district court, and an appeal was taken to circuit court as a matter of right. After the circuit court rendered its ruling, a notice of appeal pursuant to CR 73.02 was filed in the Court of Appeals. However, pursuant to CR 76.20, this pleading should have been a motion for discretionary review, since the circuit court was sitting...

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