Title 46

(1) If an appeal is taken, a sentence of death must be stayed by order of the trial court until final order by the supreme court. (2) If an appeal is taken and the defendant is admitted to bail, a sentence of imprisonment must be stayed by the trial court. (3) If an appeal is tak…

An appeal taken by the state in no case stays or affects the operation of the judgment or order in favor of the defendant until judgment or order is reversed.

(1) Whenever the record on appeal contains any order, ruling, or proceeding of the trial court against the convicted person affecting the convicted person's substantial rights on the appeal of the cause, together with any required objection of the convicted person, the supreme co…

On appeal the reviewing court may: (1) reverse, affirm, or modify the judgment or order from which the appeal is taken; (2) set aside, affirm, or modify any or all of the proceedings subsequent to or dependent upon the judgment or order from which the appeal is taken; (3) reduce …

(1) Upon termination of the appeal, the supreme court shall remand the cause with proper instruction together with the opinion of the court. The clerk shall return all original documents to the trial court. (2) After the cause has been remanded to the trial court, the appellate c…

If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall: (1) if the defendant is in custody, direct the defendant to be discharged from custody; (2) if the defendant is on bail, direct that the defendant's bail be exonerated; or (3)…