VIII. APPEAL AND OTHER POST-CONVICTION RELIEF
RULE 31. APPEAL FROM SUPERIOR COURT
Rule 31.2. Notice of appeal; automatic appeal; joint appeals
Filing the Notice of Appeal. Unless a defendant has been sentenced to
death, an appeal or cross-appeal shall be taken by filing a written notice of
appeal with the clerk of the trial court, within the time allowed by Rule
31.3.
Automatic Appeal When Defendant is Sentenced to Death. When a defendant has
been sentenced to death, the clerk, pursuant to Rule 26.15, shall file a
notice of appeal on his behalf at the time of entry of judgment and sentence.
Such notice shall be sufficient as a notice of appeal by the defendant with
respect to all judgments entered and sentences imposed in the case.
Joint Appeals. If 2 or more persons are entitled to appeal from a judgment
or order of the Superior Court, and their interests are such as to make
joinder practicable, they may file a joint notice of appeal, or may join in
the appeal after filing separate timely notices of appeal, and proceed as in
the case of a single appellant.
Content of the Notice of Appeal. Except as provided in Rule 31.2(b), the
notice of appeal shall identify the order, judgment and sentence appealed from
and shall be signed by the appellant or his attorney, if any, or by the
prosecutor if the appeal or cross-appeal is taken by the state. If the appeal
or cross-appeal is taken by the state, in whole or in part, based upon
violation of a substantial right of the victim, the attorney for the state
shall so state in the notice of appeal or opening brief or memorandum and
shall certify that the victim has requested the appeal or cross-appeal, in
whole or in part, on that basis.
Additional Information. The appellant should attach to the notice of
appeal:
(1) The name and address of the defendant;
(4) Whether the defendant was represented by appointed counsel at the
determination of guilt or at sentencing.
Service of the Notice of Appeal.
When Defendant Appeals. When a defendant appeals, the clerk of the
trial court shall send a copy of the notice of appeal to the prosecutor of
the county in which the defendant was tried, to the attorney general, to
each co- defendant at trial who is not a joint-appellant and defendant's
counsel of record, if any, to the appropriate court reporter or reporters,
and to the clerk of the proper Appellate Court.
When the State Appeals. When the state appeals or cross-appeals, the
clerk of the trial court shall send a copy of the notice of appeal to each
defendant and defendant's counsel of record, if any, to the appropriate
court reporter or reporters and to the clerk of the proper Appellate
Court.
Notice of Right to Counsel. The clerk shall include with any notice of
appeal sent to a defendant, and shall send to a defendant filing notice of
appeal pro se, a notice advising the defendant of his or her rights to
counsel under Rule 6.
Notice to the Appellate Court of Pending Post-Trial Motions. The clerk
shall include with the copy of the notice of appeal sent to the Appellate
Court, a copy of any motion filed by any party under Rule 24 which has not
yet been decided by the trial court.
Manner of Service. The notice of appeal shall be sent to the defendant
at his or her address of record or at his or her place of incarceration
and to his or her counsel of record.
Entry by the Clerk. The clerk shall make an entry in the docket when a
notice of appeal is filed and shall note whether the defendant had appointed
counsel at the determination of guilt or at sentencing. The clerk shall also
enter in the docket the names and addresses of the parties to whom copies of
the notice of appeal are mailed together with the date of mailing.
