APPELLATE REFERRAL FORM

This packet must be completed and submitted to the Appellate Defender Office within 20 days of written judgment or final order being appealed to ensure a timely filed notice of appeal.  Please be advised that if you are appealing a dependent/neglect or guardianship case, you need to complete and submit this packet within 7 days of the final order.

 

Upon submitting this form please file your Notice of Substitution of Counsel with the district court.

Submit this form simultaneously with
  • a current district court CASE REGISTER report,
  • all MINUTE ENTRIES, and
  • a copy of the JUDGMENT
to:

  Appellate Defender Office
  P.O. Box 200147
  Helena, MT 59620-0147.

If you have any questions, please feel free to contact the Appellate Defender Office
at 406-444-9505, or click on a link below.

Appellate Procedure for OPD staff Attorneys
Appellate Procedure For Contract Attorneys

*PLEASE FILL OUT COMPLETELY BUT DO NOT SUBMIT UNTIL YOU HAVE A FINAL FILED WRITTEN JUDGMENT

* Indicates Required Fields

CLIENT INFORMATION

Defendant Name:*
Correctional Facility:*
Mailing Address:*
Defendant's Phone Number:
Region:*
Court & County Appealed From:*
District Court Case Number:*
District Court Judge:*
Type of Appeal (Select One)*
Case Type:*
       

GENERAL CASE INFORMATION

Attorney for Defendant in District Court (Name):*
 

Address and Phone Number of Trial Attorney:*

Submitter's Email:*

If Defendant was represented by a conflict attorney in District Court, please state the nature of the Public Defender’s conflict of interest:

Name of Co-Defendant(s) (if any):

   

NATURE OF CASE AND DISPOSITION

Original charges for which Defendant was tried/sentenced:*

Charges Defendant convicted of or pled guilty to:*

Date final judgment, termination of parental rights, or final order appealing from was filed:*

Sentence Imposed:*

COURT REPORTER INFORMATION

Please list the names of ALL court reporters who worked on this case:*

Please list the dates of the hearings you think are relevant in ordering transcripts:

DENIAL OF POSTCONVICTION RELIEF APPEALS

NOTE: If this is NOT an appeal from a denial of postconviction relief, please proceed to the next section.

Date Petition for PCR was filed:

Date Petition was denied:

DISTRICT COURT RECORD INFORMATION

NOTE: Please include a current copy of the DISTRICT COURT CASE REGISTER REPORT, all MINUTE ENTRIES, and a copy of the JUDGMENT.

Dates of Motions Hearings:

Dates of trial/termination hearing/adjudicatory hearings:
Please list all exhibits necessary for this appeal and please indicate if oversized:

APPELLATE ISSUES

In order to ensure that a record is complete, please note whether any of the following occurred in your case and whether you believe the action could be the basis of an issue on appeal:
Challenge for Cause after Exhaustion of Peremptory Challenges?     Yes No
Objection to Prosecution’s Closing Argument?     Yes No
Refused Defense Instructions?     Yes No
Jury Misconduct?     Yes No
Denial of Motion to Suppress?     Yes No
Denial of Motion to Dismiss?        Yes No
Motions in Limine?     Yes No
Sentencing ?     (Please Specify)     Yes No

Please summarize any colorable claims of error (possible issues).  Generally, a colorable claim of error is presented only when three prerequisites are met:  (1) the defense objected, (2) the court denied the defense objection, and (3) the court ruling is reviewable on appeal. *

For Appellate Office Use Only

Entered into Justware____________________ Case Management#____________________

Notice of Appeal Due____________________ 120-Day Deadline____________________

 

* Required Fields