Rule 9 - Release in Criminal Cases(a) Release Prior to a Judgment of Conviction. A petition challenging an order refusing or imposing conditions of release shall be heard promptly by the Supreme Court or the Court of Appeals if the case has been assigned to the Court of Appeals. Upon entry of an order refusing or imposing conditions of release, the trial court shall state in writing the reasons for the action taken. Where the petition challenges an order denying bail or setting bail which the challenging party contends is excessive, the challenging party shall file contemporaneously with the petition such papers, affidavits, and portions of the record as will show:(1) the nature and circumstances of the offense charged;(2) the weight of the evidence;(3) family ties of the defendant;(4) defendant's employment status;(5) defendant's financial resources;(6) defendant's character and mental condition;(7) defendant's length of residence in the community;(8) defendant's record of prior convictions;(9) defendant's record of appearances or flight;(10) a copy of the trial court's order regarding bail;(11) where available, a transcript of the trial court proceedings regarding bail. If the party is unable to obtain such a transcript, the party shall state in an affidavit the reasons the party cannot obtain it;(12) such other matters as may be deemed pertinent. An original and four (4) copies of the petition and accompanying documents shall be filed with the clerk of the Supreme Court. The Supreme Court or the Court of Appeals may require that additional copies be furnished.
(b) Release Pending Appeal From a Judgment of Conviction. Release after judgment of conviction of a felony and pending direct appeal shall be governed by statute and uniform rule. A party seeking release shall file with the party's motion for release the same papers, affidavits, and portions of the record as are required by Rule 9(a).Advisory Committee Historical Note
Effective January 1, 1995, Miss.R.App.P. 9 replaced Miss.Sup.Ct.R. 9, embracing proceedings in the Court of Appeals. 644-647 So.2d XXXVII-XXXVIII (West Miss.Cases 1994).
Comment
Rule 9(a) is substantially patterned after Fed. R. App. P. 9(a). Subdivision (b) continues Mississippi practice for release after judgment of convictions provided in MRCrP 8.3, Miss. Code Ann. 99-35-105, -107, -109 (1994), Miss. Code Ann. 99-35-115(1994), Miss. Code Ann. 99-35-117(1994). Both 9(a) and (b) require the party seeking release to provide the appellate court with certain information relevant to release. See former 5th Cir. R. 9.1, 9.2. Normally these facts will be part of the record in the trial court. Both petitions under 9(a) and motions under 9(b) will be handled by the appropriate appellate court as motions under Rule 27.
[Amended eff. July 1, 2017]
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