Chapter 6 The Notice of Appeal-criminal

• Library: Handling Appeals in Arkansas (2022 Ed.)

CHAPTER 6 THE NOTICE OF APPEAL-CRIMINAL

Ben Motal

B. Beginning the Appeal Process

2. Preparing the Notice of Appeal and Designating the Record

Our appellate courts' jurisdiction is governed by ASCR 1-2, which requires all appeals to be filed in the Court of Appeals except those involving issues listed in subsection (a)(1)-(8). Although the interpretation of court rules is not one of those issues, the Supreme Court accepted an appeal involving an issue of first impression regarding the interpretation of ARCrP 36. State v. Van Voast, 2022 Ark. 195, at 3-4, 654 S.W.3d 59, 61. Either way, there is no risk in saying in your notice of appeal that you are appealing to the Supreme Court, as the appeal will simply be transferred to the Court of Appeals if that is where the appeal belongs. ASCR 1-2(e).

C. Special Circumstances on Appeal

3. Conditional Plea and Appeal

Exception No. 2 [to the rule that a defendant may not appeal from a sentencing order after pleading guilty or nolo contendere]. In addition to appealing the issue of applying jail-time credit, a defendant may appeal similar defects in a sentencing...