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Rule 5.06

Rule 5.06: Release After Conviction

Section Appellate Practice
(a)   Generally. An application for release after conviction, under K.S.A. 22-2804(2) or 21-6820(b), may be made to the appellate court having jurisdiction of the appeal.

(b)   Application; Requirements. The application must:

(1)   state the district court’s disposition of the application;

(2)   state the nature of the offense and sentence imposed;

(3)   state the amount of any appearance bond previously required in the case;

(4)   state the defendant’s family ties, employment, and financial resources; the length of the defendant’s residence in the community; and any record of defendant’s prior convictions;

(5)   state the defendant’s record of appearance at court proceedings, including failure to appear; and

(6)   include as an attachment a copy of the district court’s order stating the reason for its action.

(c)   Conditions. If release is granted, the order must state any conditions imposed by the appellate court or may remand to the district court to establish conditions for the release.

[History: Am. effective July 1, 1982; Am. effective September 6, 2005; Restyled rule and amended effective July 1, 2012; Am. (a) effective April 24, 2013.]

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