OCCAOnline Rules of the Court of Criminal Appeals

Rule 3.12 Monitoring Appeal Time; Motion to Dismiss; Notification;

Remands for Evidentiary Hearings

A. Monitoring Appeal Time. The Clerk of this Court shall assign an appeal number at the time the Clerk receives the notice of intent to appeal, together with the designation of record and filing fee or order determining indigency by the trial court for the appeal being filed, or pauper's affidavit. The Clerk shall enter the necessary information (name, county, case number(s), date of Judgment and Sentence) and assign sequentially numbered storage space. The Clerk shall monitor the time from date of Judgment and Sentence and shall notify in writing this Court, the trial court, clerk of the trial court, and the parties or their counsel of record in the event an appeal is not perfected within the time required by law.

B. Motion to Dismiss.

(1) In the event an appeal is not perfected in a timely manner and no good cause is advanced as a reason, this Court will entertain a motion from the opposing party, or, on its own motion, may order that the appeal be dismissed. The dismissal shall constitute a default of the appeal by the appellant.

(2) When an appellant seeks to dismiss his/her appeal, the motion to dismiss shall have attached an affidavit executed by the appellant acknowledging the waiver of the right to appeal and the bar to raising the issues on appeal at a future time. If the appellant is a juvenile, the affidavit shall be executed by the juvenile and a parent/legal guardian.

C. Notice of Motion. If the motion to dismiss is made by opposing party, the party shall serve notice of the motion, with a copy of a supporting brief or argument, on the counsel for the opposing party of record in this Court.

D. Notification. In the event an appeal is dismissed, the Clerk of this Court shall notify the defendant at last known address, the attorneys of record, and the trial court of the action, and return to the trial court all records that have been filed. Upon receiving proper notification, the trial court shall revoke a defendant's appeal bond, if any exist, and order punishment to be administered as set forth in the Judgment and Sentence.

E. Remands for Evidentiary Hearings. If a case is remanded to the District Court for an evidentiary hearing, the order remanding shall set out with specificity the time in which the hearing must be held, the time the record must be compiled and submitted to this Court, to include the trial court's findings of facts and conclusions of law, and set a schedule for the filing of briefs by the parties. The order may also set out the responsibilities for the costs of the preparation of the record of the evidentiary hearing.

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