Browse Previous Page | Table of Contents | Browse Next Page

Criminal Rules Table of Contents

 

THE NEW HAMPSHIRE RULES OF CRIMINAL PROCEDURE

 


 
VII. APPEALS

 


Rule 32. Bail Pending Appeal

(a) Bail Permitted. When there is an appeal after a conviction in either circuit court-district division or superior court, or when either party appeals prior to or during trial, the trial court may authorize the defendant’s release on bail pending the appeal as provided by statute.

(b) Bail Denied. In any case where release is denied pending appeal, the presiding judge shall provide for the record the reasons for such denial.

 


Rule 33. Transcripts

In any appeal, the appealing party shall make transcript requests in accordance with New Hampshire Supreme Court Rule 15 and all other applicable rules of the Supreme Court.

 


Rule 34. Deadline for Criminal Appeals to the Supreme Court

(a) Defense Appeals. The time for filing a notice of appeal shall be as set forth in Supreme Court Rule 7.

(b) State Appeals. The time for filing an appeal on behalf of the State, as well as the permissible grounds for filing such an appeal, shall be as otherwise provided by law.

 

 

Comment

 

The Supreme Court has ruled upon the date from which to calculate the filing deadline for the Notice of Appeal. See State v. Mottola, 166 N.H. 173 (2014) (clarifying that thirty-day deadline for filing Notice of Appeal begins to run on date of sentencing, not on date of issuance of mittimus).

Paragraph (b) of this rule refers to State’s appeals. RSA 606:10 governs State’s appeals. With regard to the timing of State appeals, the Supreme Court has held that the provisions of Supreme Court Rules 7 through 9 apply to State appeals as well as to defense appeals. See State v. Dukette, 145 N.H. 226 (2000).

Browse Previous Page | Table of Contents | Browse Next Page

Criminal Rules Table of Contents