Chapter 24 - Appeals

Chapter 24 - Appeals

46.2401 Stay of execution.

Pending the hearing and determination of an appeal, execution of the final sentence of the High Court, except a sentence of death, will not be stayed unless the appellate division, the trial division, or the Chief Justice orders a stay for cause shown and upon such terms as it or he may fix.

46.2402 Procedure on appeals.

The following procedure shall apply to appeals taken to the appellate division of the High Court:

(a) Before filing a notice of appeal, a motion for a new trial shall be filed within 10 days after the announcement of the judgment or sentence.

(b) A notice of appeal shall be filed within 10 days after the denial of a motion for a new trial.

(c) The appellant shall cause the record on appeal to be filed with the appellate division and the appeal to be docketed there within 30 days from the date the notice of appeal is filed.

46.2403 Disposition of appeals.

(a) The appellate division may set aside the judgment of conviction and, if the defendant has appealed or requested a new trial, it may order a new trial or commute, reduce (but not increase), or suspend the execution of the sentence, in whole or in part.

(b) Findings of fact may not be set aside by the appellate division unless clearly erroneous.

46.2405 Appeal by the government in criminal cases.

(a) In a criminal case, the government may appeal in the following instances:

(1) from a judgment, order or other decision of acquittal, arresting a judgment of conviction, or dismissing the information, complaint or other accusation, or any count thereof, where the decision is based upon the invalidity or construction of thc statute upon which the prosecution is founded.

(2) from a judgment, order or decision suppressing or excluding evidence, or requiring the return of seized property.

(b) If the defendant has not been put in jeopardy before the decision is made, the Attorney General must certify at the time the appeal is filed that the appeal is not taken for purpose of delay and, when evidence has been suppressed, excluded or returned, that the evidence is substantial proof of a fact material in the proceeding.

(c) If the defendant has been put in jeopardy before the decision is made, there may be no further prosecution, and the appellate or reviewing court may only determine the validity or construction of the statute upon which the prosecution is founded, or the validity of the decision suppressing or excluding, or requiring the return of, evidence as a matter of law.

(d) If an appeal is taken by the government under this section, it shall file its notice of appeal, and any required certification, within 10 days after date of the decision appealed has been entered, and comply with all other requirements for appeal under subsection (c) of 46.2402.

(e) The provisions of this section shall be liberally construed to effectuate its purposes.