Part 4 · Rules Relating to the Superior Court Appellate Division

Rule 8.854. Stay of execution and release on appeal

Amended January 1, 2009 (current)

(a) Application Pending appeal, the defendant may apply to the appellate division:

(1) For a stay of execution after a judgment of conviction or an order granting probation; or

(2) For bail for release from custody, to reduce bail for release from custody, or for release on other conditions.

(b) Showing The application must include a showing that the defendant sought relief in the trial court and that the court unjustifiably denied the application.

(c) Service The application must be served on the prosecuting attorney.

(d) Interim relief Pending its ruling on the application, the appellate division may grant the relief requested. The appellate division must notify the trial court of any stay that it grants.