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§ 16-91-101. Right generally

(a) Any person convicted of a misdemeanor or a felony by virtue of a trial in any circuit court of this state has the right of appeal to the Supreme Court. (b) An appeal may be taken jointly by codefendants or by just one (1) defendant although he or she may have been jointly charged […]

§ 16-91-102. Applicability of statutes governing civil appeals

Matters pertaining to several appeals, the docketing, designation, abbreviation, stipulation, preparation, and correction or modification of the record on appeal, as well as appeals where no stenographic record was made, shall be governed by those statutes which apply to civil cases on appeal to the Supreme Court.

§ 16-91-103. Precedence

Appeals in criminal cases shall take precedence over all other business of the Supreme Court and shall be placed first upon the docket for trial.

§ 16-91-104. Death of defendant

No appeals shall be taken after the defendant’s death, and, upon his or her death, an appeal taken during his or her life shall abate and shall not be revived.

§ 16-91-105. Time and method of taking appeal — Motion for new trial, etc

(a) (1) Within thirty (30) days from the date of the sentence and entry of judgment by the trial judge, the person desiring to appeal the judgment shall file with the trial court a notice of appeal identifying the parties taking the appeal and the judgment appealed. (2) The notice of appeal shall include a […]

§ 16-91-106. Record — Preliminary hearing

(a) Prior to the time the complete record on appeal is settled and certified as provided by law, any appealing party may docket the appeal in order to make in the Supreme Court a motion for dismissal, a stay pending appeal, an application for or reduction of bail bond, an order to proceed in forma […]

§ 16-91-107. Record — Transcript — Original exhibits

(a) It shall not be necessary to file with either the notice of appeal or the designation of contents of record any portion of the reporter’s transcript of the evidence of proceedings. (b) All exhibits in the trial of any criminal case shall be a part of the record on appeal unless specifically omitted by […]

§ 16-91-108. Costs — Bond — Judgment

(a) There shall be no bond for costs as a requisite for the appeal of either a felony or misdemeanor conviction. (b) On the affirmance of a judgment, where the appeal is taken by the defendant, and on the reversal of a judgment, where the appeal is taken by the state, a judgment for costs […]

§ 16-91-110. Bail bond

(a) The bail bond provided for in this section shall be filed in the office of the clerk of the court in which the conviction is had, and a copy thereof shall be attached to the bill of exceptions and shall be made a part of the transcript to be filed in the Supreme Court. […]

§ 16-91-111. Appeal after confinement

(a) If a judgment of confinement in the Division of Correction has been executed before the certificate of appeal was delivered to the county sheriff whose duty it was to execute the judgment, the defendant shall remain in the division during the pendency of the appeal unless discharged by the expiration of his or her […]

§ 16-91-112. Appeal by state

(a) Where an appeal on behalf of the state is desired, the prosecuting attorney shall pray the appeal during the term at which the decision is rendered, whereupon the clerk shall immediately make a transcript of the record and transmit it to the Attorney General or deliver the transcript to the prosecuting attorney, to be […]

§ 16-91-115. Affirmance of death sentence

When a judgment of death has been affirmed and the day of execution has passed, the Clerk of the Supreme Court shall transmit to the Governor a certificate of the affirmance and of the judgment, to the end that a warrant for the execution of the judgment may be issued by the Governor.

§ 16-91-116. Proceedings on reversal and new trial

(a) Upon a mandate of reversal ordering a new trial being filed in the clerk’s office of the circuit court in which the judgment of confinement in the Department of Correction was rendered and executed, the clerk shall deliver to the county sheriff a copy of the mandate and precept, authorizing and commanding the county […]