In today's class will discuss what it takes to get into the court of appeals, in my state.
Your state is likely to follow a very similar procedure, but little details will sink your case.
Read the local rules!
Motion to Stay Execution
Now Comes ____________, by special appearance, participating under threat, duress and coercion, not submitting to the court’s jurisdiction, who hereby moves this court to stay execution of judgement pending appeal in the Court of Criminal Appeals.
Verified Motion to Stay Execution
- Title 22, Chapter 18, Appendix Section X, Rule 10 states that upon a verified motion this court can stay execution pending appeal of adverse judgement.
- The record before this court holds no facts asserted to prove that being physically in a designated geographic area causes the laws alleged to be applicable to alleged defendant.
- Being presumed innocent of all elements of the charges necessitates the state entering evidence supporting its claim of having jurisdiction over alleged defendant.
- Under penalty of perjury I affirm foregoing stated facts are true and correct according to my personal knowledge.
Relief Sought
Stay of Execution of Judgement Pending Appeal
Submitted this _____ day of _________, 2019
This is the first document you will need to present to the court, after the judge denies your motion to dismiss.
It stays the execution of the judge's ruling against you.
If you don't have this, welcome to the kangaroo court's railroad!
Once you have presented this document to the da, judge, and court record, you must have a Notice of Intent to Appeal and Designation of Record.
Standard header
The Defendant intends to appeal all orders arising from the pretrial motions hearing had in the above captioned case, to the Oklahoma Court of Criminal Appeals pursuant to Title 22, Chapter 8, Appendix Section X.
This Notice of Intent to Appeal and the Designation of Record, attached as Exhibit "A", pursuant to Rule 2.5(B) of the Rules of the Court of Criminal Appeals, Ch.18, App., of Title 22, was filed with the clerk of the trial court within ten (10) days of the date of the pronouncement of the Judgment in this case and constitutes a valid initiation of a direct appeal in accordance with the Court of Criminal Appeals Rule 2.1(B).
The Defendant further requests that the original record and transcripts be prepared in accordance with the completed Designation of Record, attached as Exhibit A.
To assist in the expediting of the appeal, an advisory list of propositions of error, if any, deemed viable by trial counsel, signed by trial counsel (if trial counsel will not be attorney on appeal), is attached as Exhibit "B".
Signed Date
A true and correct certified copy of the Notice of Intent to Appeal and the Designation of Record with acknowledged receipt by the court reporter(s) were delivered in person this __________ day of ____________________, 2019, to the Clerk of the Oklahoma Court of Criminal Appeals.
THE COURT ORDERS:
A. Preparation of the Appeal Record:
- A record of this case is to be prepared at public expense.
- The court reporter(s) listed below shall be reimbursed at public expense out of the Court Fund of Oklahoma County for preparation of this record
Name: __________________________________________________________
Mailing Address:___________________________________________________ Transcript Type:___________________________________________________
Transcript Date: ___________________________________________________ - The return to the trial court clerk all transcripts prepared at state expense during the course of the trial proceedings. These transcripts shall be returned within ten (10) days from the date of sentencing. See Rule 3.2(E).
COURT REPORTER'S ACKNOWLEDGEMENT
- A. The Designation of Record, attached as "Exhibit A", was received on __________, 2019.
- C. Number of trial and/or hearing days: ________________________________
- D. Estimated number of transcript pages: ______________________________
- E. Estimated completion date: _________________________________________
- F. I acknowledge receipt of this document and understand I must prepare the record within the time limits prescribed by the Oklahoma Court of Criminal Appeals.
DATE: ________ ______________________________________________________
Signature - Official Court Reporter
Printed Signature
IT IS SO ORDERED.
This order signed this __________ day of _____________________, 20______.
_______________________________________
Judge of the District Court
(Signature plus typed name and title)
NOTE: A NOTICE OF INTENT TO APPEAL AND DESIGNATION OF RECORD MUST BE FILED WITHIN TEN (10) DAYS FROM THE DATE THE SENTENCE IS PRONOUNCED IN OPEN COURT WITH THE CLERK OF THE TRIAL COURT. THIS NOTICE AND DESIGNATION IS JURISDICTIONAL AND FAILURE TO TIMELY FILE CONSTITUTES WAIVER OF THE RIGHT TO APPEAL. A CERTIFIED COPY OF THIS NOTICE AND DESIGNATION SHALL ALSO BE FILED BY TRIAL COUNSEL WITH THE CLERK OF THE COURT OF CRIMINAL APPEALS WITHIN TEN (10) DAYS FROM THE DATE THE NOTICE IS FILED IN THE TRIAL COURT. NO TRIAL ATTORNEY MAY BE GRANTED PERMISSION TO WITHDRAW, IF THE DEFENDANT DESIRES TO APPEAL, UNLESS THESE DOCUMENTS ARE FILED. IF THE DEFENDANT DOES NOT WISH TO APPEAL THIS CONVICTION, TRIAL COUNSEL MUST FILE AN AFFIDAVIT SIGNED BY TRIAL COUNSEL AND ACKNOWLEDGED BY THE TRIAL JUDGE WITH THE CLERK OF THE DISTRICT COURT, BEFORE TRIAL COUNSEL IS ALLOWED TO WITHDRAW, ASSERTING THAT THE DEFENDANT HAS BEEN FULLY ADVISED OF HIS/HER APPEAL RIGHTS AND DOES NOT WISH TO PURSUE AN APPEAL OF THE CONVICTION. See Rule 1.14(D).
Submitted this _____ day of _________, 2019
Signed
IV. COURT REPORTER'S ACKNOWLEDGEMENT
A. The Designation of Record, attached as "Exhibit A", was received on __________________________, 20_______.
B. IF NOT INDIGENT, satisfactory arrangements ( )have ( )have not been made for payment of the transcript cost. These financial arrangements were completed on, __________________________ 20_____. If payment has not been made/arranged, explain why:
C. Number of trial and/or hearing days: _______________________________________
D. Estimated number of transcript pages: _____________________________________
E. Estimated completion date: ______________________________________________
F. I acknowledge receipt of this document and understand I must prepare the record within the time limits prescribed by the Oklahoma Court of Criminal Appeals.
Official Court Reporter Printed Signed
This is a doctored version of the official court document.
It deviates in that extraneous language was removed.
You will want to follow the court rules documents as closely as you can, but in this case, the document contained a lot of unnecessary language, so I cut it out.
It is a chance, but I am willing to take it to present a more concise document.
People that read endless stacks of motions like the short ones the best, imo.
Check the local rules!
From here, you will need a petition in error, and because it is a interlocutory appeal, and not a direct appeal, you will be seeking a writ.
Filing the above documents give you 5 days to make your petition, file it with the court, da, and judge before filing it within 10 days with the court of appeals.
This writ will order the judge to correct his wrongful ruling against you, if you prevail on the appeal.
That will hinge on your ability to communicate to the appeals court your issues that you preserved for the record by objection, and renewal of objection.
The rules to get into the court of appeals are tedious.
There are only about 10 of them that will apply in your case, but miss one, and it won't matter if you are right, or not.
You didn't follow the rules.
Appeal denied.
You still have a chance at filing an amended document, but at this point, you are behind the 8 ball.
I can help you with this, if you decide that you are willing to take one for team.
Contact me in the comments to make arrangements for more private conversations.
I'm just glad that this case is over.
I have other documents that may apply in your case, too.
For instance, fingerprint identification is hearsay unless the person that first put your prints into the machine is present to testify.
What, exactly, I hope to win with this is questionalbe, but when monkeywrenching the machine I felt it was necessary to hit more cogs.
At best, I can hope to be prosecuted as john doe.
But, this requires the cop to pick me out before the case is called.
If the court tips off the cop by calling your name before the cop identifies you, it negates the gains you could make by showing the court for the record that the cop can't identify you without being prompted by the court.
Mostly, I included it to add complexity to the case hoping the da is lazy.
You gotta do what you do.
