Rule 16 - Suspension of Execution of Sentence and Admission to Bail(A) Filing. In addition to the requirements of Appellate Rule 8, no application for suspension of execution of sentence and admission to bail will be treated by this Court, or filed with its Clerk, unless accompanied by a copy of the journal entry of the trial court denying a similar application. Concurrently with such filing counsel for the defendant, or the defendant if he has no counsel, shall serve a copy of such application upon the prosecuting attorney.(B) Briefs. The application shall be accompanied by a brief or memorandum directed primarily toward the factors set forth in Crim.R. 46(C) showing justification for the release sought. Within seven days of the date upon which the application is served, the prosecuting attorney shall file a response directed primarily to the same factors. The requirement for such response shall not be deemed as a waiver of the discretion of this Court to grant the application, without response, when the Court deems such action appropriate.(C) Conviction on Pleas of Guilty or of No Contest. In any case where the conviction from which the appeal is taken is rendered by the trial court on a no contest or guilty plea, the defendant shall also accompany his application with a listing of the assignments of error he intends to assert on his appeal.(D) Pre-Sentence Investigation. The filing in this Court of an application for suspension of execution of sentence and admission to bail shall be considered as a waiver of any privilege of confidentiality which the defendant might have otherwise had to prevent consideration and review by this Court of any pre-sentence investigation report or report of psychiatric or mental examination which was considered or reviewed by the trial court, or which was available for consideration or review by the trial court. Upon request by this Court the trial court shall turn over to this Court any such report or reports in its custody, with the understanding that any privilege of confidentiality otherwise shall be observed. Adopted effective 7/1/1986; amended effective 6/24/2002.