Appellate Entries {CR-350} | Pdf Fpdf Doc Docx | North Carolina

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Appellate Entries {CR-350} | Pdf Fpdf Doc Docx | North Carolina

Appellate Entries {CR-350}

This is a North Carolina form that can be used for Criminal within Statewide.

Alternate TextLast updated: 7/11/2012

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STATE OF NORTH CAROLINA County Name Of Defendant Date(s) Of Trial Codefendant(s) If Tried Jointly File No. Additional File No.(s) STATE VERSUS In The General Court Of Justice District Superior Court Division APPELLATE ENTRIES Rules 7, 9, 11, 27; N.C. Rules Of App. Proc. Name And Address Of Defendant's Trial Counsel Name And Address Of Trial Prosecutor Telephone No. Email Address Name And Address Of Defendant's Trial Counsel Telephone No. Email Address Name And Address Of Trial Transcriptionist Telephone No. Email Address Name And Address Of Defendant's Appellate Counsel Telephone No. Email Address Name And Address Of Trial Transcriptionist NOTE: All indigent appeals are assigned to the Appellate Defender. Retained Appellate Counsel The Appellate Defender (919) 354-7210 123 W. Main St., Suite 500, Durham, NC 27701 Telephone No. Email Address Telephone No. Email Address Name And Address Of Transcriptionist Of Other Proceedings On The Following Date(s) Name And Address Of Transcriptionist Of Other Proceedings On The Following Date(s) Date(s) Email Address (Attach additional sheet(s) if necessary) Telephone No. l Date(s) Email Address Telephone No. 1. a. The defendant has given Notice of Appeal to the N.C. Court of Appeals, or b. This is a capital case appealable as of right to the N.C. Supreme Court. JUDGE'S INITIAL APPEAL ENTRIES 2. Release of the defendant pursuant to G.S. 15A-536 is denied. allowed upon execution of a secured bond in the amount of $ and compliance with the following additional conditions: . 3. Unless indigent, the defendant shall arrange for the transcription of the proceedings as provided in the Rules of Appellate Procedure. 4. (NOTE: Check in all cases where defendant is indigent.) The defendant is indigent and has requested a transcript and the appointment of counsel. It is ORDERED that the defendant is allowed to appeal as an indigent and: a. The Office of Indigent Defense Services shall pay the costs of producing a transcript, and of reproducing the record and the defendant's brief. b. The Appellate Defender is appointed to perfect the defendant's appeal or assign other appellate counsel pursuant to rules issued by the Office of Indigent Defense Services. c. Upon request, the Clerk shall furnish to the Appellate Defender, or to alternate counsel designated by the Appellate Defender, a copy of the complete trial division file in the case and, upon request, any documentary exhibits. d. Unless the parties stipulate that parts of the proceedings shall not be transcribed, the Clerk shall order from the transcriptionist(s) a transcript of all parts of the proceedings except: © 2012 Administrative Office of the Courts Original-File Copy-Transcriptionist(s) Copy-Defendant's Trial Counsel Copy-Defendant's Appellate Counsel (or defendant if unrepresented) Copy-District Attorney Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. AOC-CR-350, Rev. 6/12 www.FormsWorkFlow.com JUDGE'S INITIAL APPEAL ENTRIES (continued) 5. If a transcript has been ordered, the defendant in a non-capitally tried case shall serve a proposed record on appeal on the State within 35 days after the reporter's or transcriptionist's certification of delivery of the transcript. If a transcript has been ordered, the defendant in a capitally tried case shall serve a proposed record on appeal on the State within 70 days after the reporter's or transcriptionist's certification of delivery of the transcript. If no transcript has been ordered, the defendant shall serve a proposed record on appeal on the State within 35 days after filing notice of appeal. 6. The State shall serve its amendments, objections or proposed alternative record on appeal on the defendant within 30 days if this is a non-capital case or 35 days if this is a capital case, after service upon it of the defendant's proposed record on appeal. 7. The indigent defendant does not read or speak the English language, but reads and/or speaks his or her native language of . The Court therefore authorizes the services of a language translator or interpreter during the pendency of the appeal for the purposes of (1) written translation of attorney-client correspondence, assignments of error in the settled record on appeal, appellate briefs filed by the defendant and the State, and appellate opinion(s), and/or (2) verbal interpretation of attorney-client communication at each critical stage of the appellate proceedings. The Court further Orders that a language translator or interpreter with the necessary knowledge, skill, experience, training and education to perform the above services shall be selected and paid by the Administrative Office of the Courts. 8. The Clerk shall deliver a copy of these Appellate Entries to the Appellate Defender, counsel for all parties, or the defendant, if not represented by counsel. Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge (NOTE: To be completed ONLY when defendant is indigent.) To The Transcriptionist(s) Named On The Reverse: CLERK'S TRANSCRIPT ORDER AND CERTIFICATE (Specify any portions of the proceedings which need not be transcribed pursuant to a stipulation filed by the parties under Rule 7(a)(2), or pursuant to No. 4.d. on reverse side.) Prepare and deliver to the parties a transcript of all portions of the proceedings in the above-captioned case except: I certify that I delivered a copy of this Transcript Order to the transcriptionist(s) on the date shown below: personally. by mailing it to the transcriptionist(s) at the address(es) shown on the reverse. Date Clerk's Transcript Order Entered And Filed Date Order Delivered To Transcriptionist(s), If Different Deputy CSC Signature Assistant CSC Clerk Of Superior Court EXTENSION OF TIME TO PREPARE TRANSCRIPT OR SERVE RECORD 1. 2. Extension of time to file transcript: Pursuant to Rule 7, N.C. Rules of Appellate Procedure, upon motion of the appellant and for good cause shown, the court finds that this is a criminal case that did not result in a sentence of death and it is ORDERED that the time for preparation of the transcript is extended for 30 days. Extension of time to serve proposed record on appeal: Pursuant to Rules 11 and 27, N.C. Rules of Appellate Procedure, upon motion of the appellant and for good cause shown, it is ORDERED that the time for service of the proposed record on appeal is extended for 30 days. serve the proposed record on appeal must be made to the appella

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