Re: appellant bond

More | Report Post

Appellate bonds are extremely rare; once an inmate is
processed by the bureau of prisons or the state equivalent,
it is rare that any judge will order the expense of re-
processing the person. Further, there is a presumption that
the jury verdict is correct. The time to get the bond is
before the person reports, while they are still in local
holding facilities.

As to the procedure, it depends on the state in which the
crime was committed. In the states in which I practice
(Ohio, Indiana, and Kentucky) and the U.S. Fifth and Sixth
Circuit, the presumption is for imprisonment, though I have
been successful several times in keeping the defendant out
of prision.

Here is an example of the procedure (F.R.App.P. 9):

FRAP 9 Release in a Criminal Case

(a) Release Before Judgment of Conviction.

(1) The district court must state in writing, or orally on
the record, the reasons for an order regarding the release
or detention of a defendant in a criminal case. A party
appealing from the order must file with the court of appeals
a copy of the district court's order and the court's
statement of reasons as soon as practicable after filing the
notice of appeal. An appellant who questions the factual
basis for the district court's order must file a transcript
of the release proceedings or an explanation of why a
transcript was not obtained.

(2) After reasonable notice to the appellee, the court of
appeals must promptly determine the appeal on the basis of
the papers, affidavits, and parts of the record that the
parties present or the court requires. Unless the court so
orders, briefs need not be filed.

(3) The court of appeals or one of its judges may order the
defendant's release pending the disposition of the appeal.

(b) Release After Judgment of Conviction. A party entitled
to do so may obtain review of a district-court order
regarding release after a judgment of conviction by filing a
notice of appeal from that order in the district court, or
by filing a motion in the court of appeals if the party has
already filed a notice of appeal from the judgment of
conviction. Both the order and the review are subject to
Rule 9(a). The papers filed by the party seeking review must
include a copy of the judgment of conviction.

(c) Criteria for Release. The court must make its decision
regarding release in accordance with the applicable
provisions of 18 U.S.C. §§ 3142, 3143, and 3145(c).

6 Cir. R. 9 Release in a Criminal Case

Review of district court orders respecting pretrial release
is by way of appeal, rather than motion. These appeals are
given expedited treatment and, for that reason, are heard
without the necessity of briefs; see FRAP 9(a). As with
other appeals, however, there must be a timely notice of
appeal and a resolution of the docketing fee status before
any action will be taken.

Application for post-conviction release is made by motion
pursuant to FRAP 9(b), which requires that applications for
post-conviction release first be presented to the district
court. Where that has been done and no relief has been
forthcoming, a motion for release can be made to this Court.
These motions are treated as single-judge, expedited
matters. Such motions shall be accompanied by a copy of the
notice of appeal, a copy of the district court's order
denying or imposing conditions on release and, wherever
possible, a transcript of the bail hearing.

Unless a timely notice of appeal from the judgment of
conviction has been filed in the district court, thus
transferring jurisdiction to the Court of Appeals, this
Court cannot act on motions for release pending appeal.

COMMITTEE NOTE: Former I.O.P. 17.6.

6 Cir. I.O.P. 9 [Reserved]

COMMITTEE NOTE: No corresponding 6 Cir. I.O.P.

On 2/24/06, J.E. wrote:
> My son is in correctional facility and his appellant
> lawyer is trying to get him out on an appellant bond...can
> someone tell me what this is and what is involved with
> this procedure?