Custody of Prisoners in Post-Conviction

Relief Proceedings. (a) Release of Applicant Pending Review of Order Denying Release. The court having jurisdiction over the appeal of a denial of an application for post-conviction relief may not grant bail or release the applicant pending appeal. If the appellate court determines the post-conviction relief should be granted, the case shall be remanded to the trial court for a bail hearing. (b) Release of Applicant Pending Review of Decision Ordering a New Trial. If an appeal of an order granting an applicant a new trial is pending, Appellate Rule 206(b) shall govern an appeal from an order that denies bail pending appeal or imposes conditions of release pending appeal. (SCO 439 effective November 15, 1980; amended by SCO 1153 effective July 15, 1994; repealed and reenacted by SCO 1238 effective July 15, 1996) 14 RULES OF APPELLATE PROCEDURE