Rule 9. RELEASE IN CRIMINAL CASES

(a) Release Prior to a Judgment of Conviction. A petition challenging an order

refusing or imposing conditions of release shall be heard promptly by the Supreme Court or

the Court of Appeals if the case has been assigned to the Court of Appeals. Upon entry of

an order refusing or imposing conditions of release, the trial court shall state in writing the

reasons for the action taken. Where the petition challenges an order denying bail or setting

bail which the challenging party contends is excessive, the challenging party shall file

contemporaneously with the petition such papers, affidavits, and portions of the record as

will show:

(1) the nature and circumstances of the offense charged;

(2) the weight of the evidence;

(3) family ties of the defendant;

(4) defendant's employment status;

(5) defendant's financial resources;

(6) defendant's character and mental condition;

(7) defendant's length of residence in the community;

(8) defendant's record of prior convictions;

(9) defendant's record of appearances or flight;

(10) a copy of the trial court's order regarding bail;

(11) where available, a transcript of the trial court proceedings regarding bail. If the

party is unable to obtain such a transcript, the party shall state in an affidavit the

reasons the party cannot obtain it;

(12) such other matters as may be deemed pertinent.

An original and four (4) copies of the petition and accompanying documents shall be

filed with the clerk of the Supreme Court. The Supreme Court or the Court of Appeals may

require that additional copies be furnished.

If the

party is unable to obtain such a transcript, the party shall state in an affidavit the

reasons the party cannot obtain it;

(12) such other matters as may be deemed pertinent.

An original and four (4) copies of the petition and accompanying documents shall be

filed with the clerk of the Supreme Court. The Supreme Court or the Court of Appeals may

require that additional copies be furnished.

(b) Release Pending Appeal From a Judgment of Conviction. Release after

judgment of conviction of a felony and pending direct appeal shall be governed by statute

and uniform rule. A party seeking release shall file with the party's motion for release the

same papers, affidavits, and portions of the record as are required by Rule 9(a).

Advisory Committee Historical Note

Effective January 1, 1995, Miss.R.App.P. 9 replaced Miss.Sup.Ct.R. 9, embracing

proceedings in the Court of Appeals. 644-647 So.2d XXXVII-XXXVIII (West Miss.Cases

1994).

Comment

Rule 9(a) is substantially patterned after Fed. R. App. P. 9(a). Subdivision (b) continues

Mississippi practice for release after judgment of conviction provided in MRCrP 8.3, Miss.

Code Ann. §§ 99-35-105, -107, -109 (1994), Miss. Code Ann. § 99-35-115 (1994), Miss.

Code Ann. § 99-35-117 (1994). Both 9(a) and (b) require the party seeking release to

provide the appellate court with certain information relevant to release. See former 5th Cir.

R. 9.1, 9.2. Normally these facts will be part of the record in the trial court. Both petitions

under 9(a) and motions under 9(b) will be handled by the appropriate appellate court as

motions under Rule 27.