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Rule 7.041A

Rule 7.041A: Summary Disposition of Sentencing Appeal

Section Appellate Practice
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(a)   Motion for Summary Disposition. A party may move for summary disposition of a sentencing appeal when no substantial question is presented by the appeal. A fact stated in the motion must be keyed to the record on appeal to make verification reasonably convenient. The motion must be served on opposing counsel, who may respond no later than 14 days after the motion is served.

(b)   Review Solely on Record Unless Briefing Is Ordered. If the appellate court grants a motion for summary disposition, review will be made solely on the record that was before the sentencing court. Written briefs will not be permitted unless ordered by the appellate court.

(c)   No Oral Argument. A sentencing appeal scheduled for summary disposition under this rule will be expedited without oral argument.

(d)   Disposition. The court may summarily affirm, reverse, or dismiss, citing this rule, or may affirm, reverse, or dismiss by issuing a written opinion.
 
[History: New rule effective October 1, 1997; Am. (c) effective September 6, 2005; Am. (a) effective July 1, 2010; Restyled rule effective July 1, 2012; Am. effective August 28, 2014.]

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