Are motions allowed in a criminal appeal?

Yes, motions are allowed in a criminal appeal in the state of California. According to the California Rules of Court (Rule 8.500 and 8.506), a criminal appellant may submit a motion or request prior to or during the criminal appellate process. The criminal appellant must file a written motion for the court to consider. The motion must include the reasons for which the appellant believes it should be granted and a proposed order. The court then reviews the motion and makes a ruling. A court may grant a motion in its entirety or grant part of the motion and deny the remainder. In some cases, the court may require additional briefing from the criminal appellant or from the Attorney General or other opposing party. If a motion is denied, the criminal appellant may raise the issue again in a subsequent motion or appeal. The most common types of motions in a criminal appeal are motions to augment the record, motions to continue or extend the time, and motions to withdraw the appeal. Other motions such as motions for a new trial and motion to stay proceedings may also be filed in a criminal appeal. Ultimately, motions provide the criminal appellant an opportunity to advocate for their case before the court. It is important to understand the appropriate timing, legal requirements, and procedural rules related to motions before filing a motion in a criminal appeal in the state of California.

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