Print Version
Previous PageFile uploaded: 10/30/2015

Rule 28. Disposition after appeal.


(a) If a judgment of conviction is reversed, a new trialshall be held unless otherwise specified by the appellate court. Pending a newtrial or other proceeding, the defendant shall be detained, or released uponbail, or otherwise restricted as the trial court on remand determines proper.If no further trial or proceeding is to be had a defendant in custody shall bedischarged, and a defendant restricted by bail or otherwise shall be releasedfrom restriction and bail exonerated and any deposit of funds or propertyrefunded to the proper person.


(b) Upon affirmance by the appellate court, the judgment ororder affirmed or modified shall be executed.


(c) Unless otherwise ordered by the trial court, within 28days after receipt of the remittitur, the trial court shall notify the partiesand place the matter on the calendar for review.