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Rule 34 – Deadline for Criminal Appeals to the Supreme Court

May 14, 2021 | Criminal Procedure, New Hampshire

(a)Defense Appeals. The time for filing a notice of appeal shall be as set forth in Supreme Court Rule 7.
(b)State Appeals. The time for filing an appeal on behalf of the State, as well as the permissible grounds for filing such an appeal, shall be as otherwise provided by law.

N.H. R. Crim. P. 34

Adopted effective January 1, 2016 in Strafford and Cheshire counties and July 1, 2016 in Belknap County.

Comment

The Supreme Court has ruled upon the date from which to calculate the filing deadline for the Notice of Appeal. See State v. Mottola, 166 N.H. 173 (2014) (clarifying that thirty-day deadline for filing Notice of Appeal begins to run on date of sentencing, not on date of issuance of mittimus).

Paragraph (b) of this rule refers to State’s appeals. RSA 606:10 governs State’s appeals. With regard to the timing of State appeals, the Supreme Court has held that the provisions of Supreme Court Rules 7 through 9 apply to State appeals as well as to defense appeals. See State v. Dukette, 145 N.H. 226 (2000).