Chapter 16-5 APPEAL

CHAPTER 16-5
APPEAL

16-5-1 Right of Appeal; How Taken.

(A) The defendant has the right to appeal from the following:

(1) A final judgment of conviction and the sentence imposed thereon.

(2) From an order made, after judgment and sentences, affecting substantial rights of the defendant.

(B) The Nation has the right to appeal from the following:

(1) A judgment of dismissal, upon a motion to dismiss based on any procedural irregularity occurring before trial, or an order excluding evidence in favor of the defendant prior to trial,

(2) An order arresting judgment or acquitting the defendant contrary to the verdict of the jury or before such verdict can be rendered,

(3) An order of the court directing the jury to find for the defendant or

(4) An order made after judgment and sentence affecting the substantial rights of the Nation.

(C) A notice of appeal must be filed within 10 days of the entry of the final judgment and sentence or other appealable order and such must be served on all parties except the party filing the appeal.

(D) Such appeals shall be had in accordance with appellate procedures.

16-5-2 Stay of Judgment and Relief Pending Review.

(A) A sentence of imprisonment or banishment may be stayed if an appeal is taken, and the defendant may be given the opportunity to make bail. Any defendant not making bail or otherwise obtaining release pending appeal shall have all time spent in incarceration counted towards the sentence in the matter under appeal.

(B) A sentence to pay a fine or fine and costs, may be stayed pending appeal upon motion of the defendant, but the court may require the defendant to pay such money, subject to return if the appeal should favor the defendant and negate the requirement for paying such.