Considering filing a Motion for Discretionary Review a/k/a an “MDR”?
There is more to the rule than what’s in the rule, and here is an excellent article on appellate advocacy and the MDR by C. Theodore Miller. Here is a taste of the article:
The most common questions involving discretionary review are, not surprisingly, what constitute CR76.20(1) “special reasons”3 and what are the statistical chances of not only procuring review but also ultimately prevailing. In attempting to describe the Court’s case-by-case exercise of discretion in continuing education seminars and otherwise over the years, my best response regarding what constitutes “special reasons” has been as follows in § 10:1 of Baldwin’s Kentucky Lawyer’s Handbook, Appellate Practice: Although “special reasons” escapes precise definition, generally if a novel question of statewide significance, a legal proposition that requires reexamination, or a matter in which lower courts have conflicted is raised, the granting of review is more likely. A contention that the appellate court has clearly erred is not necessarily persuasive.4
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