Appeals in Habeas Corpus, Bail, and

Extradition Proceedings in Criminal Cases 31.1. Filing the Record and Briefs When written notice of appeal from a judgment or order in a habeas corpus or bail proceeding is filed, the trial court clerk must prepare and certify the clerk’s record and, if the appellant requests, the court reporter must prepare and certify a reporter’s record. The clerk must send the clerk’s record and the court reporter must send the reporter’s record to the appellate court within 15 days after the notice of appeal is filed. On reasonable explanation, the appellate court may shorten or extend the time to file the records. challenging of (a) For an appeal from a habeas corpus proceeding challenging a conviction or an order placing the defendant on community supervision—but not any community condition particular supervision—the appellate court should use the same briefing rules, deadlines, and schedule that apply to direct appeals from criminal cases. On motion of any party, or on its own initiative, the appellate court may impose a more expedited timeline or submit the case without briefing, if necessary to do substantial justice to the parties. (b) For an appeal from a bail proceeding or any other habeas corpus proceeding, including one that challenges a particular condition of community supervision, the court will—if it desires briefs—set the time for filing briefs. 31.2. Submission; Hearing The applicant need not personally appear. The appellate court will not review any incidental question that might have arisen on the hearing of the application before the trial court. The sole purpose of the appeal is to do substantial justice to the parties. (a) In an appeal from a habeas corpus proceeding challenging a conviction or an order placing the defendant on community supervision— but not challenging a particular condition of community supervision—the appellate court should use the same submission and hearing schedules that apply to direct appeals from criminal cases. On motion of any party, or on its own initiative, the appellate court may impose a more expedited timeline or submit the case without briefing, if necessary to do substantial justice to the parties. (b) An appeal in any other habeas corpus or bail proceeding, to a community particular supervision, shall be submitted and heard at the earliest practicable time. including a challenge condition of 31.3. Orders on Appeal The appellate court will render whatever judgment and make whatever orders the law and the nature of the case require. The court may make an appropriate order relating to costs, whether allowing costs and fixing the amount, or allowing no costs. 31.4. Stay of Mandate (a) When Motion for Stay Required. Despite